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4.4 million Hoosiers registered to vote

October 3, 2008
IL Staff
ccording to the Indiana Secretary of State's Web site, Indiana has nearly 4.4 million registered voters, based on information last updated Sept. 27.
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COA uses opinion to clarify sentence claims

October 3, 2008
Jennifer Nelson
The Indiana Court of Appeals used a defendant's appeal today to clarify that inappropriate sentence claims and abuse of discretion claims are to be analyzed separately.
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Bar wants merit-based selection extended

October 2, 2008
IL Staff
The Lake County Bar Association will send a delegation to Friday's Commission on Courts meeting to endorse the adoption of legislation that would support merit-based selection of judges to the County Courts Division.
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Manslaughter article nets law professor award

October 2, 2008
IL Staff
An Indiana University School of Law - Bloomington professor has won a prestigious national award for the article he co-authored with an IU-Bloomington psychology professor about voluntary manslaughter.
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COA: Collateral estoppel not applicable

October 2, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a motion to suppress evidence because the defendant couldn't prove collateral estoppel precluded the trial court from denying his motion.
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Agency sues DOC over mentally ill prisoners

October 2, 2008
Michael Hoskins
A state agency created in response to a federal mandate is suing the Indiana Department of Correction for what it claims is poor treatment of mentally ill prisoners.
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EBA executive director retires

October 1, 2008
IL Staff
Susan Helfrich, executive director of the Evansville Bar Association and Evansville Bar Foundation, retires today after nearly 25 years of service to the organizations.
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Northern District amends magistrate local rule

October 1, 2008
IL Staff
The United States District Court for the Northern District of Indiana has amended its Local Rule 72.1 - Authority of United States Magistrate Judges.
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Transfer granted in write-offs case

October 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer yesterday to a case of first impression involving write-offs and insurance benefits.
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Forfeiture of money to FBI allowed

October 1, 2008
Jennifer Nelson
A man whose $12,000 was seized following an arrest after a traffic stop wasn't entitled to get his money back from the FBI because the organization properly followed the rules, and even went above typical forfeiture proceedings in an attempt to inform the man of the seized money.
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Amendment trumps high court ruling

September 30, 2008
Jennifer Nelson
Addressing the issue for the first time since the legislature amended the state's Workers' Compensation Act in 2006, the Indiana Court of Appeals ruled today the amendment overrules an earlier Indiana Supreme Court decision that placed the burden of proof on employers in cases involving "neutral risk" incidents.
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Judges disagree on attorney fee provision

September 30, 2008
Michael Hoskins
A legal battle that was once about Indiana's requirements to obtain a driver's license or state identification turned into a tug-of-war appeal about attorney fees.
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Transfer granted to school financing case

September 29, 2008
IL Staff
The Indiana Supreme Court granted transfer last week to a case of first impression involving the courts' authority to review the state's school financing formula.
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Going green topic of First Wednesday

September 29, 2008
IL Staff
The ACLU of Indiana's First Wednesday topic for Oct. 1 is "Going Green: Is Indianapolis doing enough?" Panelists for the event are Terry Black, owner of Greenway Supply; Linda Broadfoot, vice president of development and public relations for Keep Indianapolis Beautiful; and Jesse Kharbanda, executive director of the Hoosier Environmental Council. Matthew Tully, political columnist at the Indianapolis Star, will serve as the moderator.
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Evidence failed to support ending parental rights

September 29, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court's ruling to involuntarily terminate a mother's parental rights to her young twins, finding the court issued deficient termination orders and lacked clear and convincing evidence to terminate the parental rights.
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Judge allows transgender suit to proceed

September 26, 2008
Michael Hoskins
A transgender former high school student who was barred from his senior prom in Gary because he was wearing a pink dress for the occasion will have his day in court.
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Director elected VP of court administrators group

September 26, 2008
IL Staff
Lila Judson, executive director of the Indiana Supreme Court Division of State Court Administration, has been elected to serve as the vice president of the national Conference of State Court Administrators for the 2008-09 term.
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LLCs must have attorneys in federal court

September 26, 2008
Jennifer Nelson
Owners of limited liability companies must be represented by an attorney to appeal a decision in federal court, ruled the 7th Circuit Court of Appeals today.
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Clinic's sports law database now available

September 26, 2008
IL Staff
The Valparaiso Sports Law Clinic has created a free database of more than 20 years of cases, arbitration decisions, and current rules governing sports. The database covers more than 500 cases and arbitration decisions dating back to 1986 through today and has searchable versions of national and international rules governing various sports.
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Federal death penalty trial still possible

September 25, 2008
Michael Hoskins
The first-ever federal death penalty trial in the Southern District of Indiana may still happen, even though the defendant has signed a plea agreement in connection with a violent killing spree almost three years ago.
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President signs new Federal Rule of Evidence

September 25, 2008
IL Staff
The Federal Rules of Evidence have been amended in hopes of lessening the skyrocketing costs of discovery.
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COA to visit IU School of Law - Bloomington

September 25, 2008
IL Staff
The Indiana Court of Appeals will hear arguments in an Elkhart County child molesting case in Bloomington Sept. 29.
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Sept. 11 fund master to speak at Shepard dinner

September 25, 2008
IL Staff
The attorney appointed as special master of the Sept. 11 Victim Compensation Fund of 2001 will be the keynote speaker at this year's Randall T. Shepard Award Dinner.
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Granted transfers include hearsay case

September 24, 2008
Jennifer Nelson
The Indiana Supreme Court has granted two transfers, including a case involving whether a warrant based on hearsay was supported by probable cause or fell under the good faith exception.
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Comments sought on proposed reentry court rules

September 24, 2008
IL Staff
The Problem-Solving Courts Committee of the Judicial Conference of Indiana is seeking public comment on proposed reentry court rules.
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  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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