Courts

Judges focus on juvenile due process in Gingerich murder conspiracy appeal

October 30, 2012
Dave Stafford
Court of Appeals judges on Tuesday focused their questions on whether a 12-year-old waived to adult court in a 2010 murder had due process when his attorneys had just five days to prepare for a waiver hearing in juvenile court in Kosciusko County.
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Agency erred in adjusting experience account rates after merger

October 30, 2012
Jennifer Nelson
The Indiana Court of Appeals has ordered the Department of Workforce Development to reinstate the original contribution rates for unemployment insurance experience accounts of a parent company and its subsidiaries. The DWD should not have combined the accounts and adjusted the rates following a merger.
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COA affirms $550,000 med mal verdict; denies appellate attorney fees

October 30, 2012
Jennifer Nelson
A Lake Superior judge did not err when he allowed a witness to testify on behalf of the party bringing a medical malpractice complaint against a doctor nor in excluding the testimony of the doctor’s expert witness due to untimely disclosure, the Indiana Court of Appeals held Tuesday.
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Judges affirm decision in familial dispute over insurance funds

October 30, 2012
Jennifer Nelson
When Nathaniel Kappel died, it led to a dispute in the family as to who is entitled to insurance payouts on policies that Nathaniel Kappel and his brother William took out on each other in 1996. The Court of Appeals agreed with the probate court that Nathaniel Kappel’s estate is not entitled to funds from either man’s policy.
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Court filings lowest in 7 years, 2011 stats show

October 29, 2012
Dave Stafford
The number of cases filed in Indiana courts in 2011 is the lowest since 2004, according to exhaustive data in the annual Judicial Service Report released Monday.
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Judge approves $90M for Anthem plaintiffs

October 29, 2012
Kathleen McLaughlin
A federal judge has approved the largest class-action settlement to come out of an Indianapolis court, paying $90 million to former Anthem Inc. policyholders.
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Judges amend man’s convictions due to double jeopardy violations

October 29, 2012
Jennifer Nelson
Because the state relied on the same evidence to convict a Marion County man of three domestic battery or battery charges, the Indiana Court of Appeals vacated two misdemeanors. The judges also found no fundamental error in his sentencing or by the prosecutor during trial.
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Justices take suit involving tort claim notice

October 29, 2012
IL Staff
The Indiana Supreme Court will hear a case that divided the Court of Appeals on whether the victims in a car accident failed to provide notice to a government-funded agency under the Indiana Tort Claims Act.
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Woman’s claim for reformation of deed fails

October 29, 2012
Jennifer Nelson
A Vanderburgh County woman who filed a lawsuit for reformation of a deed 46 years after receiving the warranty deed lost her appeal of a trial court ruling in favor of neighboring property owners.
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Location announced for state trooper’s third murder trial

October 26, 2012
Marilyn Odendahl
The third murder trial of former Indiana State Trooper David Camm will be held in Boone County.
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Northern District taking comments on proposed rule changes

October 26, 2012
IL Staff
Revised rules for the U.S. District Court for the Northern District of Indiana, including a new section on local patent rules, are available for review and comment on the court’s website.
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Opponent's claims against judge regarding killer result in disciplinary charges

October 26, 2012
Dave Stafford
The woman challenging Franklin Circuit Judge Steven Cox for his job faces seven disciplinary charges over statements attributed to her about the judge’s release of a prisoner who a year later killed five people, according to a statement Friday from the Indiana Judicial Qualifications Commission. The commission has asked for a public hearing on the charges.
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Bloomington attorney enters into plea agreement

October 25, 2012
Jennifer Nelson
A jury trial set for this week for a Monroe County attorney accused of stealing money from clients has been cancelled because a plea agreement has been reached.
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Law firm can’t collect attorney fees from insurer

October 25, 2012
Jennifer Nelson
Relying on caselaw from 1892, the Indiana Court of Appeals decided that Ken Nunn Law Office may not collect attorney fees it says are owed by a former client from a third-party insurance company following a settlement.
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Supreme Court tests HD media hookup

October 25, 2012
Dave Stafford
Television stations and media organizations on Wednesday tested a new high-definition video system that could become the norm for coverage of oral arguments before the Indiana Supreme Court.
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Marion Superior judge moves to bankruptcy court

October 24, 2012
Jennifer Nelson
Marion Superior Judge Robyn L. Moberly has been appointed to a 14-year term as United States Bankruptcy Judge for the U.S. District Court for the Southern District of Indiana. Chief Judge Frank Easterbrook of the 7th Circuit Court of Appeals announced the appointment Wednesday.
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Judges find wired payment timely

October 24, 2012
Jennifer Nelson
Judges on the Indiana Court of Appeals declined to expand upon language in a forbearance agreement between a bank and business owner, finding the business owner timely made his final payment to the bank when he wired the money the day it was due, even though the bank did not receive it until the next day.
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Majority affirms couple didn’t establish element of adverse possession

October 24, 2012
Jennifer Nelson
Two Indiana Court of Appeals judges upheld a judgment in favor of landowners on a complaint filed to quiet title in a disputed area of land, finding the couple seeking to quiet title failed to establish the control element of adverse possession.
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Justices hear Simon defamation appeal

October 24, 2012
Dave Stafford
The Indiana Supreme Court on Wednesday heard arguments on whether Indianapolis billionaire Herb Simon may proceed with a defamation suit against a California attorney. The suit involves comments the lawyer made to an Indianapolis TV station regarding allegations that Simon and his wife employed illegal immigrants at their California home.
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Court revises sentence based on plea agreement language

October 24, 2012
Jennifer Nelson
The Indiana Court of Appeals reduced a woman’s sentence for theft, forgery and check fraud after finding the trial court erred by imposing a sentence that violated the terms of her plea agreement.
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Southern District judiciary comes together at ‘historic’ event to thank Lugar, Bayh

October 24, 2012
Marilyn Odendahl
Judges and judicial officers from the U.S. District Court for Southern District of Indiana came together recently to honor Sen. Richard Lugar and former Sen. Evan Bayh for their service to the federal judiciary.
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Gingerich trial stirs juvenile advocates

October 24, 2012
Dave Stafford
Sentenced at 12 for conspiracy to commit murder, Paul Henry Gingerich's appeal claims due process violations.
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Signs of dissent in retention vote

October 24, 2012
Dave Stafford
Justice Steven David's Barnes opinion finding no right to resist unlawful police entry results in an unusual ouster effort on an otherwise quiet appellate judicial ballot.
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SCOTUS decision on seed use may affect farming practices

October 24, 2012
Marilyn Odendahl
The doctrine of patent exhaustion is at the center of a Knox County dispute involving Monsanto Technology over the use of seeds.
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Lawyers capture beauty of courthouses in their art

October 24, 2012
Marilyn Odendahl
Indiana attorneys use photographs, paint to preserve art and history of courthouses.
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  2. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  3. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

  4. Lets talk about this without forgetting that Lawyers, too, have FREEDOM OF SPEECH AND ASSOCIATION

  5. Baer filed with the U.S. Court of Appeals Seventh Circuit on April 30 2015. When will this be decided? How many more appeals does this guy have? Unbelievable this is dragging on like this.

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