Courts

Telamon suffers new setback in $5M insurance lawsuit

April 14, 2016
Greg Andrews, IBJ Staff
A judge has dismissed the final count in a lawsuit that Carmel-based Telamon Corp. filed against its insurers in an effort to recoup more than $5 million in losses caused by a former employee’s thievery.
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COA: Fees can be charged in case without indigency hearing

April 14, 2016
Scott Roberts
The Indiana Court of Appeals said an indigency hearing is not required before determining fees in a court case, though it should be conducted at some point, in a case where a man was charged more than $1,000 in court fees without a hearing. It also said the court cannot impose requirements that he maintain a “C” average in his school and have full-time employment.
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Maine senator restates support of hearings for Garland

April 14, 2016
 Associated Press
Maine Sen. Angus King says he is “more convinced than ever” that the Senate should hold nomination hearings for Supreme Court nominee Merrick Garland.
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Judge gives Texas ‘affluenza’ teen nearly 2 years in jail

April 13, 2016
 Associated Press
A judge in Fort Worth, Texas, Wednesday ordered a teenager who used an “affluenza” defense in a fatal drunken-driving wreck to serve nearly two years in jail, a surprising sanction that far exceeds the several months in jail that prosecutors initially said they would pursue.
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Judge clears ‘Stairway to Heaven’ copyright case for trial

April 13, 2016
 Associated Press
A trial is needed to determine if Led Zeppelin’s “Stairway to Heaven” copies its opening notes from a song performed by the rock band Spirit, a federal judge has ruled.
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COA: Venue convenience does not trump precedence

April 13, 2016
Scott Roberts
The Indiana Court of Appeals said convenience does not trump precedence and reversed and remanded a transfer of venue that would have taken an auto insurance complaint from Marion to Johnson County.
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Peabody, largest US coal miner, files for bankruptcy

April 13, 2016
 Associated Press
Peabody Energy, the nation’s largest coal miner, filed for bankruptcy protection Wednesday as a crosscurrent of environmental, technological and economic changes wreak havoc across the industry.
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Justices: Custody petition permitted during CHINS case

April 13, 2016
Scott Roberts
The Indiana Supreme Court reversed a trial court, ruling an aunt and uncle could bring a custody action despite a child in need of services case that was pending for the child in Posey Circuit Court.
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Supreme Court upholds man’s death sentence

April 12, 2016
Scott Roberts
The Indiana Supreme Court affirmed a man’s death sentence Tuesday after he pleaded guilty to brutally murdering a woman.
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E-filing pleadings to be mandatory July 1

April 12, 2016
After deciding last week all appellate pleadings and motions would be available online at mycase.in.gov within the next 60 days, the Indiana Supreme Court announced Tuesday electronic filing of all pleadings to pending cases will become mandatory for all attorneys in Indiana appellate courts as well as Hamilton County Circuit and Superior Courts July 1.
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Justices affirm domestic violence determination

April 12, 2016
Scott Roberts
The Indiana Supreme Court sided with the trial court and overturned a Court of Appeals ruling Tuesday, finding a man’s domestic violence determination did not violate his Sixth Amendment right to trial by jury, and the evidence was sufficient to affirm his conviction.
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US Supreme Court to swear in large group of deaf lawyers

April 12, 2016
 Associated Press
Mobile phones ordinarily are strictly forbidden in the marble courtroom of the nation's highest court, but the justices are making an exception next week when roughly a dozen deaf and hard-of-hearing lawyers will be admitted to the Supreme Court bar.
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Senate Judiciary chair Grassley has breakfast with Garland

April 12, 2016
 Associated Press
Senate Judiciary Committee Chairman Charles Grassley had breakfast Tuesday with the man whose elevation to the U.S. Supreme Court he has vowed to block and told him the Senate won't advance his nomination "during this hyper-partisan election year," the lawmaker's office said.
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7th Circuit: 4th, 6th Amendment rights not violated in gun case

April 12, 2016
Scott Roberts
The 7th Circuit Court of Appeals said a firearm discovered by police was not the product of an illegal seizure and affirmed the denial of a man’s motion to suppress it. The court also held the statement he gave to police did not violate his Sixth Amendment right to counsel.
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Supreme Court: City’s no-smoking ordinance does not violate state constitution

April 11, 2016
Scott Roberts
The Indiana Supreme Court upheld the city of Indianapolis’ no-smoking ordinance in a ruling Monday, saying it does not violate the Equal Privileges and Immunities Clause of Article I, Section 23 of the Indiana Constitution.
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COA: Commissions do not qualify as wages under Wage Payment Statute

April 11, 2016
Scott Roberts
The Indiana Court of Appeals found commissions paid to a woman who was working as a salesperson at a furniture store did not qualify as wages, and therefore granted summary judgment to the store. The woman claimed her commission payments were not paid within the 10-day limit required under the Indiana Wage Payment Statute.
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Lawyer in massive disability fraud case could be released

April 11, 2016
 Associated Press
Eric C. Conn, the Kentucky lawyer accused of conspiring to defraud the government of $600 million in questionable federal disability payments, could be released from jail pending trial.
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Lesbian spouses challenge Indiana birth certificate law

April 11, 2016
 Associated Press
An attorney for eight married lesbian couples argued Friday that the state of Indiana is discriminating against them by not allowing both women to be listed on their children's birth certificates, echoing a dispute that has led to similar lawsuits in several other states.
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Tax Court: Mall property value should be reduced

April 11, 2016
Scott Roberts
The Indiana Board of Tax Review did not err when it reduced the property assessments of Lafayette Square Mall for 2006 and 2007, the Indiana Tax Court ruled Friday.
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Man charged in officer's death wants to represent self

April 11, 2016
 Associated Press
A man charged with murder in the killing of an Indianapolis police officer says he wants to represent himself.
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Indiana judge to serve on Guantanamo Bay detainee team

April 11, 2016
 Associated Press
A northeastern Indiana judge who's also a National Guard member will be deployed to Cuba this summer to help with the litigation team that prosecutes Guantanamo Bay detainees.
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Justices take 2 cases, deny 18

April 11, 2016
Scott Roberts
The Indiana Supreme Court granted two of 20 transfer requests and decided the cases last week, but four more cases were denied with split decisions.
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Appellate pleadings, motions to be put online sometime in next 60 days

April 11, 2016
Scott Roberts
The Indiana Supreme Court task force created to look into remote access and privacy of electronic records has decided appellate pleadings and motions filed by attorneys will be put online at mycase.in.gov sometime within the next 60 days
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Statehouse rally set to oppose new abortion law

April 8, 2016
 Associated Press, IL Staff
Opponents of a new Indiana abortion law will rally Saturday at the Statehouse against new restrictions they claim are unprecedented.
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How to solve the housing crisis: more lawyers

April 8, 2016
 Bloomberg News
The solution to a homelessness crisis that has accompanied the drop in affordable housing is to hire more lawyers: Give poor renters an attorney, and landlords will more likely settle eviction cases. Homelessness will fall, and the strain on city services will be relieved. Or so goes the logic.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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