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State senator dies at home

January 1, 2008
IL Staff
State Sen. David C. Ford, R - Hartford City, died this morning in his home from complications related to pancreatic cancer. He was 59 years old. The four-term lawmaker was receiving hospice care and chemotherapy after being diagnosed with cancer in January. He kept abreast of this session via telephone and computer. In 2007, Ford served as assistant majority floor leader and chair of the Senate Committee on Economic Development and Technology. He also was a member of the Judiciary, Tax...
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Indiana chosen for non-resident father project

January 1, 2008
Jennifer Nelson
The Indiana Department of Child Services is one of four groups in the country selected to participate in a new pilot project to reach out to non-resident fathers whose children are involved in the child welfare system. DCS, in collaboration with Indiana Fathers and Families Center and the Indiana University School of Social Work, will receive nearly $500,000 in each of the next four years from the Administration of Children and Families in the U.S. Department of Health and Human Services....
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License revocations stayed for now

January 1, 2008
Michael Hoskins
A panel of the Indiana Court of Appeals has temporarily blocked the state from revoking driver's licenses that don't match Social Security records.The preliminary injunction came June 6 in a case challenging the Indiana Bureau of Motor Vehicles' invalidations of licenses or identification cards on the sole basis of mismatched records.The decision comes in Lyn Leone, et al. v. Indiana BMV Commissioner, No. 49A02-0804-CV-00377, which is currently pending in the state's second highest appellate court and is at the briefing stage...
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State files suit against mortgage lender

January 1, 2008
IL Staff
Indiana Attorney General Steve Carter has filed a lawsuit against mortgage lender Countrywide Home Loans Inc. for questionable practices, making Indiana the fifth state to take action against the largest lender in the country. The suit, No. 76C01-0808-PL-652, was mailed to Steuben Circuit Court Aug. 22 and filed the same day. The suit, which includes Countrywide's parent company, Countrywide Financial Corporation, alleges the company engaged in deceptive and misleading practices that put borrowers in potentially risky and costly loans. Carter's investigation...
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Attorney to speak about politics, disabilities

January 1, 2008
IL Staff
Indianapolis attorney Gregory S. Fehribach will be in Muncie at Ball State University March 24 to speak to students about "The Politics of Disability" as part of Disability Awareness Month activities. The discussion is open to the public. Fehribach, a graduate and former student body president of Ball State, will speak about the importance of being engaged and involved in the political process to bring positive changes for people with disabilities. The attorney has dedicated a significant portion of his legal...
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High court clarifies evidence designation

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court upheld a trial court's grant of summary judgment in favor of a defendant and also clarified the designation of evidence in regards to Indiana Trial Rule 56(C). In Idan (John) Filip and Valaria Filip v. Carrie Block and 1st Choice Insurance Agency, No. 75S05-0704-CV-149, the Filips filed a suit against Block and 1st Choice, alleging negligence in the selection of insurance on an apartment building they purchased in 1999. Block was the insurance agent of the previous owner,...
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Justices: 'Three Strikes Law' unconstitutional

January 1, 2008
Michael Hoskins
A four-year-old state statute aimed at limiting frivolous lawsuits filed by prison inmates is unconstitutional because it effectively closes the courthouse doors altogether for certain people, a split Indiana Supreme Court ruled today.Three of the five justices - Justices Theodore Boehm, Robert Rucker, and Brent Dickson - agreed that the state's 2004 "Three Strikes Law" violates the Indiana Constitution's Open Courts Clause. Chief Justice Randall T. Shepard and Justice Frank Sullivan disagreed and observed their colleagues' decision means many Hoosier litigants...
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AG won't appeal sex-offender law ruling

January 1, 2008
IL Staff
The Office of Indiana Attorney General won't appeal a federal court's decision last month that ruled a law requiring sex offenders to allow for blanket consent of computer and home searches is unconstitutional. Instead of appealing, Attorney General Steve Carter said in a press release Thursday that the office will work with legislators this fall to create a law that will protect children from Internet predators but would not violate the Constitution. Carter also cited the cost to taxpayers as a...
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Judges: Dispute can be arbitrated

January 1, 2008
Jennifer Nelson
A union and the owner of the facility the union wants to organize can proceed to arbitration to decide whether the facility is a covered workplace under an agreement requiring neutrality, the 7th Circuit Court of Appeals ruled today. In United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union v. TriMas Corporation, No. 07-1688, the United Steel, Paper and Forestry, Rubber Manufacturing, Energy, Allied Industrial and Service Workers International Union (USW) brought an action in federal...
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President chooses magistrate for judgeship

January 1, 2008
Michael Hoskins
President George W. Bush has nominated an Indianapolis federal magistrate to replace Judge John D. Tinder who recently took a seat on the 7th Circuit Court of Appeals.The president on Thursday sent a nomination to the Senate for Magistrate Judge William T. Lawrence, who's been on the federal bench since November 2002. Magistrate Judge Lawrence was one of seven nominations sent, including nominations for the U.S. Tax Court. Republican Sen. Richard Lugar recommended the Indianapolis magistrate for the position."I have known...
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Court upholds damages award against doctor

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a damages award to the parents of a stillborn child against a doctor, finding the trial court properly excluded opinion testimony from two treating doctors and a letter written to those doctors before the trial by the parents' attorney. In Jeffrey L. Cain, M.D. v. Richard Back and Suzette Back, No. 20A03-0705-CV-225, Dr. Jeffrey L. Cain appealed the trial court judgment of $800,000 in damages to Richard and Suzette Back on their claim of medical malpractice.The...
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Application of residency law unconstitutional

January 1, 2008
Rebecca Berfanger
  The Indiana Court of Appeals today upheld a lower court's ruling that in at least one case of the state's application of a law prohibiting violent and child sex offenders from living within 1,000 feet of a school or public area where children congregate is unconstitutional.The ruling came in State of Indiana v. Anthony W. Pollard, No. 05A02-0707-CR-640. Judges heard arguments in the case March 31. The state argued that Indiana Code Section 35-42-4-11 was not considered ex post facto...
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Indiana's e-ticket system nationally recognized

January 1, 2008
IL Staff
The Indiana Supreme Court's e-ticket system has won an honorable mention in the 2008 Best of the Web and Digital Government Achievement Awards given by the Center for Digital Government. The court's electronic Citation and Warning System (eCWS) was honored in the Government-to-Government category. Winners were recognized for the strides they have made to implement better access and more efficient Web delivery of public services.The e-ticketing program allows law enforcement to use hand-held devices to scan a bar code on driver's...
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COA arguments set for IU student's killer

January 1, 2008
IL Staff
The Indiana Court of Appeals will hear arguments Thursday in the case of the man convicted of killing an Indiana University student. John R. Myers II appeals his conviction of the murder of Jill Behrman, claiming the trial court committed several errors including denying his motion for a change of venue, denying his motions in limine to exclude testimony of certain witnesses, admitting an interrogation tape without proper admonition to the jury, and denying his motion for a mistrial due to...
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Plea can't be challenged with new evidence

January 1, 2008
Jennifer Nelson
In a case of first impression, the Indiana Supreme Court ruled a guilty plea can't be challenged in post-conviction proceedings by a claim of newly discovered evidence regarding the events making up the crime. In Shawn E. Norris v. State of Indiana, No. 43S03-0807-CR-379, Shawn Norris appealed the post-conviction court's grant of the state's motion for summary disposition on Norris' petition for post-conviction relief. Norris pleaded guilty four years earlier to molesting his sister's child, served his sentence, and then later...
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Former Marion Superior judge dies

January 1, 2008
IL Staff
A former Marion Superior Court judge and longtime executive director of the Indiana Prosecuting Attorneys Council died April 5 at his home after a long illness.Hon. Richard P. Good Jr., 76, was appointed by Gov. Frank O'Bannon in 1997 to Marion Superior Court, where he served in the Criminal Division. During his time on the bench, he was chosen by his peers to serve on the executive committee. After leaving the bench in 2002, he took on temporary assignments as presiding...
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Justices: Indiana OK to dismiss jurisdiction

January 1, 2008
Jennifer Nelson
In an Indiana custody case that started before a married couple's only child was born, the Indiana Supreme Court ruled that either Indiana or the state where the child was born could have jurisdiction over proceedings. The Indiana trial court dismissed proceedings in favor of Washington State, where the child was born, as a more convenient forum, clearing the way for that state to take over jurisdiction. The issue in Anthony N. Stewart v. Signe L. (Stewart) Vulliet, No. 12S02-0708-CV-331, is whether...
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New family law conference seeks papers

January 1, 2008
Jennifer Nelson
A new Midwest family law conference is looking for a few good papers to kick off its inaugural meeting in Indianapolis. The conference, "Jazzing up Family Law," will be June 13 at Indiana University School of Law - Indianapolis. The Midwest Family Law Consortium founding members - Indiana University School of Law - Indianapolis, University of Missouri - Kansas City, and William Mitchell College of Law - are seeking papers and presenters for its family law conference. Papers can be submitted...
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Board approves new ICJI executive director

January 1, 2008
IL Staff
T. Neil Moore has been approved as executive director of the Indiana Criminal Justice Institute. The ICJI board approved the appointment by Gov. Mitch Daniels on Feb. 29. Moore comes to the position with many years of law enforcement experience, first working as an Indiana State Excise Police agent and then the Fort Wayne Police Department, where he served as chief of police for 10 years. After working in law enforcement, Moore became an assistant professor in the School of Public...
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Suit against Vanderburgh County dismissed

January 1, 2008
Michael Hoskins
A federal judge in Indianapolis has dismissed a suit against Vanderburgh County that claimed county officials were responsible for a 2005 triple murder-suicide by an inmate on work release.On Wednesday, U.S. District Judge Sarah Evans Barker issued a 13-page order dismissing the federal complaint Christine Sandage, et al. v. Board of Commissioners of Vanderburgh County, Indiana, et al. The suit stems from the deaths of Sheena Sandage-Shofner, Alfonzo Small, and Tara Jenkins, who were fatally shot almost three years ago by...
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High court grants, vacates transfers

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case regarding whether the Indiana Patient's Compensation Fund can introduce evidence of liability on an action seeking excess damages. The court also vacated a transfer in a case that involves an amendment to charging information that happened after the omnibus date. The court granted transfer to Jim Atterholt, Commissioner of the Indiana Department of Insurance, as Administrator of theIndiana Patient's Compensation Fund v. Geneva Herbst, personal representative of the estate of Jeffrey A....
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High court to hear 3 arguments Thursday

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court will hear arguments Thursday in three cases involving different issues - the cleanup of hazardous material, a defendant sentenced to death, and a child-custody dispute. In the arguments scheduled at 9 a.m., the justices will hear The Indiana Department of Environmental Management v. Raybestos Products Co., No. 49A02-0609-CV-782, in which the Indiana Court of Appeals reversed a Marion Superior Court decision granting summary judgment for Raybestos on the issue of breach of contract against IDEM. Raybestos filed a...
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Court affirms dismissal of default judgment

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court finding that a mother had a valid excuse for not showing up to a child-support modification hearing because neither she nor her attorney received proper notice of the hearing. In Jason D. Bunch v. Katherine R. Himm, 64A04-0705-CV-262, Bunch and Himm divorced, leaving Bunch with physical custody of their two children. Himm moved from northern Indiana to South Carolina and joined the United States Marine Corps Reserves. Their divorce decree was finalized...
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Attorney, ex-appellate clerk dies suddenly

January 1, 2008
Michael Hoskins
A Fort Wayne and Indianapolis health-care law attorney who'd previously served as the governor's counsel and as state appellate clerk in the 1990s died suddenly Tuesday night.John Okeson, 43, died at Lutheran Hospital in Fort Wayne after suffering from a short flu-like illness during the past week; he was admitted to the hospital late Sunday or Monday, according to his legal colleagues. The county coroner's office told media that Okeson had been sick and admitted to the hospital, where staff determined...
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Court: Attorney mistake 'inexcusable neglect'

January 1, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals dismissed a woman's appeal following the denial of Social Security benefits because the woman's attorney failed to file the appeal in time under the Federal Rules of Civil Procedure.In Janet L. McCarty v. Michael J. Astrue, Commissioner of Social Security, No. 07-2104, Janet McCarty's application for disability insurance benefits and Supplemental Security Income was denied by the Social Security Administration and an administrative law judge.She appealed to the U.S. District Court in the Southern District of...
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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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