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COA: Gun test-firing not an unlawful search

September 19, 2008
Michael Hoskins
Routine test-firing of handguns that police have in their custody isn't a violation of a person's Fourth Amendment rights, the Indiana Court of Appeals ruled today.
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Appeals court reverses student's convictions

September 19, 2008
Michael Hoskins
The Indiana Court of Appeals has reversed a teenager's convictions for battery and disorderly conduct stemming from a face-off with an assistant principal and dean of students in the school cafeteria.
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Estate must be reimbursed for funeral expenses

September 18, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a trial court's approval of money received in a wrongful death suit of an Indianapolis attorney to be used to reimburse his estate for funeral and burial expenses.
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Commission admonishes Howard County judge

September 18, 2008
IL Staff
A Howard Superior judge has received a public admonition for his April 2008 actions in that county's prosecutor's office. In lieu of filing formal disciplinary proceedings, the Indiana Commission on Judicial Qualifications issued the admonition, as allowed by the Indiana Supreme Court.
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9th Circuit upholds Arizona immigration law

September 18, 2008
Michael Hoskins
Indiana lawmakers who want to pass legislation targeting employers who knowingly hire illegal immigrants got ammunition from a federal appellate court ruling in California.
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Court: Evidence shows car was a gift

September 18, 2008
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals agreed with the trial court that a husband gave his wife a car as a gift, despite registering the title in both his name and his wife's name.
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Owners responsible for delinquent sewer fees

September 17, 2008
Jennifer Nelson
In a ruling that will affect property owners across the state, the Indiana Supreme Court today held property owners are ultimately responsible for the delinquent sewer bills of their tenants.
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ACLU wins day-old political-sign suit

September 17, 2008
Michael Hoskins
Within a day of filing a federal lawsuit regarding Plainfield's ordinance restricting political campaign signs, the American Civil Liberties Union of Indiana can claim another win on an issue that's becoming more prominent statewide.
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Professor to testify about foreclosures

September 16, 2008
IL StaffMore

Plainfield political sign ordinance challenged

September 16, 2008
Michael Hoskins
The American Civil Liberties Union of Indiana has filed a federal lawsuit challenging a Plainfield ordinance restricting political lawn signs.
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Judges differ in small claims court actionRestricted Content

September 16, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court's decision that the plaintiff had standing to file a small claims notice against his bankruptcy attorney, but the judges disagreed on whether the court erred in denying the attorney's motion for a change of judge.
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Prominent employment attorney dies

September 16, 2008
Jennifer Nelson
Virginia O'Leary, a prominent employment attorney in southern Indiana, died yesterday at the age of 74. O'Leary spent more than 30 years representing women and minorities seeking equal employment opportunities.
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Arguments in gambling case Thursday

September 15, 2008
IL Staff
The Indiana Court of Appeals hits the road Thursday to hear arguments at Anderson University in a case involving a compulsive gambler and what duty the casino had to prevent her from gambling.
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Transfer granted in utilities case

September 15, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer Sept. 11 to a case involving a contract for the sale of electricity to a steel manufacturer.
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Judge recipient of IU alumni award

September 12, 2008
IL Staff
Dearborn Superior Judge G. Michael Witte will receive the 2008 Indiana University Asian Alumni Association's Distinguished Asian Pacific American Alumni Award, which recognizes outstanding professional achievements and community service of Asian Pacific American Alumni of the school.
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COA affirms joint legal custody

September 12, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a dissolution court's decision to grant joint legal custody of two minor children to the parents, finding the lower court followed Indiana statute in granting the custody.
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U.S. Chief Justice visits Notre Dame

September 12, 2008
Jennifer Nelson
The chief justice of the U.S. Supreme Court visited students at the Notre Dame Law School this morning for a one-day appointment to the James J. Clynes Visiting Chair at the school.
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Candidates interviewed for St. Joseph judgeship

September 12, 2008
IL Staff
he St. Joseph Superior Court Judicial Nominating Committee interviewed 15 candidates today to fill a vacancy on St. Joseph Superior Court. The vacancy will be created when Judge William T. Means retires at the end of this month.
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Sherman Minton competition needs judges

September 11, 2008
IL Staff
The Sherman Minton Moot Court Competition at Indiana University School of Law - Bloomington needs judges for the upcoming competition.
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Judge orders man to stay away from city offices

September 11, 2008
Jennifer Nelson
A man who had repeatedly threatened city employees is now barred from visiting South Bend governmental offices after a St. Joseph Circuit judge granted a workplace violence protective order and permanent injunction against the man.
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District judge's robing ceremony Friday

September 11, 2008
IL Staff
Hon. William T. Lawrence, the newest judge in the U.S. District Court for the Southern District of Indiana, will be formally sworn in tomorrow at the federal courthouse in Indianapolis.
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Valpo law lecture series starts Sept. 16

September 10, 2008
IL Staff
Valparaiso University School of Law's fall lecture series "Scholars and Advocates in Residence: Shaping the Public Dialogue" kicks off Sept. 16 with a presentation from a senior lecturer in law from Ireland.
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Child Advocates set lunchtime orientations

September 10, 2008
IL Staff
Child Advocates Inc. is offering additional downtown orientation sessions this month for those interested volunteering as a child advocate for Marion County youth in child services and the foster care system.
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Case vacated over jurisdictional questions

September 10, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals remanded a case to an Indiana District Court to determine whether the plaintiffs in a suit have citizenship in Indiana or Arizona.
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Masters named in Allen County judge's case

September 9, 2008
Jennifer Nelson
The Indiana Supreme Court has appointed three judges to serve as masters in an Allen Superior judge's disciplinary misconduct action following an incident in another judge's courtroom.
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  1. 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.

  2. 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;

  3. The story that you have shared is quite interesting and also the information is very helpful. Thanks for sharing the article. For more info: http://www.treasurecoastbailbonds.com/

  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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