Laws

Woman who invited abusive spouse did not violate no-contact protective order

December 14, 2012
Marilyn Odendahl
In a case of first impression, the Indiana Court of Appeals ruled the Indiana General Assembly was deliberate when it did not criminalize the violation of a protective order by the protected person.
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COA reminds ex-spouse that turnips cannot bleed

December 14, 2012
Marilyn Odendahl
Calling her interpretation of Indiana law incorrect, the Court of Appeals rejected a woman’s argument against the decrease in her spousal support and reminded her that “one cannot bleed a turnip.”  
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Justices issue 4 opinions tackling prejudgment interest

December 13, 2012
Jennifer Nelson
In four opinions dealing with the award of prejudgment interest under the Tort Prejudgment Interest Statute, the Indiana Supreme Court found Wednesday, among other things, that the TPIS applies to an action by an insured against an insurer to recover benefits under the insured’s underinsured motorist policy.
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Indiana justices consider constitutional challenge to Choice Scholarship Program

December 5, 2012
Dave Stafford
Indiana’s test case for school vouchers could have implications for other states, legal observers said after the state Supreme Court heard oral arguments in a case that challenges the constitutionality of school vouchers.
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IU professor helps get pesky scrivener’s error removed from Trademark Act

December 4, 2012
IL Staff
One pesky scrivener’s error that altered the protection provided by the Trademark Dilution Revision Act of 2006 has been corrected thanks to the efforts of an Indiana University professor.
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Religious bent of Indiana’s marriage statute is not unconstitutional, federal court rules

December 3, 2012
Marilyn Odendahl
The Center For Inquiry, a non-profit that promotes a secular society based on science and reason, plans to appeal a federal court’s ruling that Indiana’s Solemnization Statute is constitutional.
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DCS study committee to hold last meeting Tuesday

November 26, 2012
IL Staff
The Department of Child Services Interim Study Committee will meet for the last time Tuesday in the Indiana Government Center to consider bill drafts, a final report and “other business,” according to the committee agenda.
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COA orders man removed from Ind. sex offender registry

November 21, 2012
Jennifer Nelson

Nearly three months after hearing arguments on Thomas H. Andrews’ request that he should not have to register in Indiana for a conviction in Massachusetts in 1984, the Indiana Court of Appeals has ordered that he be removed from Indiana's sex-offender registry.

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Legislature intended to make failure to report child abuse a continuing offense

November 16, 2012
Marilyn Odendahl
A high school coach’s failure to report child abuse is a continuing offense to which the statute of limitations does not apply, the Indiana Court of Appeals ruled.
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Zoeller, Merritt tour campuses, promote Lifeline law

November 14, 2012
The Indiana state senator who sponsored a law that aims to protect minors from arrest when they seek medical attention for alcohol-related emergencies is joining Indiana Attorney General Greg Zoeller in spreading the word on college campuses.
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Greenfield seminar to focus on public access laws

November 8, 2012
Attorneys can get two hours of free continuing legal education credit at a public access seminar next week in Greenfield, the last in a statewide series this year. The event is open to the public and will focus on Indiana’s public records and open government meeting laws.
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7th Circuit affirms block on Planned Parenthood defunding

October 23, 2012
Dave Stafford
An injunction against an Indiana law that blocks state Medicaid funding for Planned Parenthood has been upheld by the U.S. 7th Circuit Court of Appeals.
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Lake County judge: RTW suit may proceed

October 19, 2012
IL Staff
A challenge to Indiana’s right-to-work law will proceed after a Lake County judge this week rejected the state’s request to dismiss a lawsuit filed by United Steelworkers.
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Attorneys general warn against federal payday loan regulation

October 8, 2012
Dave Stafford
A bill in Congress that would extend federal regulation to the payday lending industry would pre-empt state laws and undermine consumer safeguards, Indiana Attorney General Greg Zoeller warned in a letter signed by 40 attorneys general.
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Man’s barking dogs did not violate noise ordinance

September 12, 2012
Jennifer Nelson
An Indianapolis man will be able to keep all four of his dogs after the Indiana Court of Appeals found that complaints by just one neighbor about barking didn’t support finding he violated a local noise ordinance. The trial judge had ordered he get rid of two of his dogs.
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Lawsuits test gun restrictions at polling places, local regulations

September 12, 2012
Dave Stafford
Can you carry a gun to the ballot box? With a few narrow exceptions, the answer appears to be yes. A lawsuit filed last month in St. Joseph Superior Court could clarify further whether a 2011 law that voids local firearm regulations would make efforts to keep guns out of voting precincts illegal.
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Judges disagree over whether car ad implied drivability

September 4, 2012
Jennifer Nelson
The Indiana Court of Appeals was divided on whether an Indianapolis car dealership was entitled to summary judgment on a buyer’s lawsuit that made Indiana Deceptive Consumer Sales Act, Crime Victims Relief Act, and fraud claims.
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Courts, DCS, Criminal Code Evaluation committees meet this week

September 4, 2012
IL Staff
The Commission on Courts holds its first meeting of the legislative interim Wednesday, and a common theme is the need for more judges.
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Indiana pleased with decision to vacate EPA Transport Rule

August 22, 2012
IL Staff
The split decision by the U.S. Court of Appeals for the District of Columbia Circuit to vacate the Environmental Protection Agency’s Cross-State Air Pollution Rule because of federal law violations is “great news” for Indiana, Gov. Mitch Daniels said.
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Lawmakers seek leader for 'interesting, challenging and unique' post

August 21, 2012
Marilyn Odendahl
The Indiana General Assembly has begun the search for a new executive director of the Legislative Services Agency.
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Tax judge declines to require attorneys represent LLCs in court

August 20, 2012
Jennifer Nelson
The Indiana Department of State Revenue asked the Indiana Tax Court to create a rule requiring limited liability companies be represented by attorneys in court, similar to a rule pertaining to corporations, but Judge Martha Wentworth declined to “invent such a rule where one does not currently exist.”
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Inmate’s public records request denied

August 15, 2012
Jennifer Nelson
An inmate at the Pendleton Correctional Facility was unable to identify with reasonable particularity the records he sought from the Fort Wayne Police Department, the Indiana Court of Appeals concluded Wednesday. The case also allowed the judges for the first time to address “reasonable particularity” under the Access to Public Records Act.
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DCS taking recommendations for members of child fatality review teams

August 14, 2012
Marilyn Odendahl
The Indiana Department of Child Services has begun the process of establishing child fatality review teams across the state.
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Struggles mount for labor

August 1, 2012
Dave Stafford
Indiana this year became the 23rd state to enact a right-to-work law in which workers cannot be compelled to pay union dues. Within months, individual workers in union shops opted out, even as court challenges linger.
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Regulations are few, but food trucks do have laws and codes to meet

August 1, 2012
Marilyn Odendahl
Take a food truck to Chicago and you may be required to attach a GPS tracking device to it. Park a food truck in Indianapolis and enjoy being able to do business in an environment of few regulations.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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