Courts

Dickson: Trial courts face 'crisis' of unrepresented litigants

October 23, 2013
Dave Stafford
About three in five litigants appearing in Indiana’s civil trial courts are doing it themselves, according to data compiled from statewide case filings this summer.
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COA finds mechanic's lien statute requires only substantial compliance

October 23, 2013
Marilyn Odendahl
The homeowner's lawyer seeks rehearing, arguing that differing names between the pre-lien and mechanic's lien makes the lien invalid.
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Bell/Gaerte: 3 things to know about the right to silence after Salinas

October 23, 2013
James Bell, K. Michael Gaerte
James Bell and K. Michael Gaerte outline the three things to know about the impact of the U.S. Supreme Court's decision on the right to remain silent.
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Federal Bar Update: Rule requires advance service of non-party document requests

October 23, 2013
John Maley
Unknown to some practitioners, since 1991 the current version of Fed. R. Civ. P. 45 requires advance notice to opposing parties of document subpoenas issued to non-parties.
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Disciplinary Actions - 10/23/13

October 23, 2013
IL Staff
Read who's been suspended or publicly reprimanded recently by the Indiana Supreme Court.
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Marion County, Simon tangle over valuation of Indianapolis malls

October 23, 2013
Dave Stafford
Arguments in two cases before the Indiana Tax Court in recent weeks featured wildly divergent views of the valuation of two Indianapolis shopping malls that have seen better days.
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7th Circuit blasts lawyers in reinstating malicious prosecution suit

October 22, 2013
Dave Stafford
A man wrongly prosecuted, convicted and imprisoned for the arson of Frankton High School more than 10 year ago was ultimately freed, but the 7th Circuit Court of Appeals Tuesday blistered attorneys in a subsequent malicious prosecution lawsuit who successfully argued in the U.S. District Court for dismissal of the man's federal complaint.
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Judges persuade Commission on Courts to reject bail bond proposal and review use of psychologists

October 22, 2013
Marilyn Odendahl
Proposed legislation regarding bail bonds died Oct. 21 in the Indiana General Assembly’s Commission on Courts hearing after Indiana Supreme Court Chief Justice Brent Dickson raised concerns about constitutionality and legislative overreach.
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Library may go after contractors for cleanup costs outside building

October 22, 2013
Dave Stafford
A diesel fuel leak in the basement of the main library branch in Fort Wayne spread to neighboring property, leading to more than $490,000 in cleanup bills. The Court of Appeals ruled Tuesday the library may pursue recovery against contractors it argues are responsible for the leak.
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Defense firm appeals $277M verdict for Humvee maker

October 21, 2013
Dave Stafford
A defense contractor is appealing an Indiana judge’s order that it pay $277 million to the Mishawaka-based manufacturer of Army Humvee military vehicles. The contractor overcharged for armor kits to retrofit the vehicles during the bloodiest days of the Iraq war, the judge ruled.
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Jurists to judge Wabash moot court

October 21, 2013
IL Staff
Indiana Justice Steven David and U.S. District Court Magistrate Judge Debra McVicker Lynch will serve as judges in the finals of the 20th Wabash College Moot Court Competition on Oct. 29, the college and the Indianapolis Association of Wabash men announced Monday.
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Marion Superior judge faces week-long disciplinary case

October 21, 2013
Dave Stafford
A week-long hearing has been set in the disciplinary case against a Marion Superior judge who now faces 47 counts alleging she violated Rules of Judicial Conduct.
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Shares of dissolved corporation is matter to be handled by trial court, COA rules

October 18, 2013
Marilyn Odendahl
A dispute between two brothers over corporate shares left from the dissolution of the family business got a rehearing by the Indiana Court of Appeals, but no reversal.
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Location, location, location determines who has burden of proof

October 18, 2013
Marilyn Odendahl
Looking at the distance in the state statute between the description of the offense and a statutory exception, the Indiana Court of Appeals ruled the defendant had the burden of proof regarding a victim’s age.
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Convincing evidence, conflicting record doom search challenge

October 18, 2013
Dave Stafford
A thief who went from car to car in a hotel parking lot was being watched by a hotel employee, and the credit card and cell phone belonging to guests that police later found on the man was convincing enough that an Indiana Court of Appeals panel discarded claims that the court should have suppressed the result of a search.
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On rehearing, panel rejects double-jeopardy meth conviction claim

October 18, 2013
Dave Stafford
A Shelby County man convicted of possession of methamphetamine and manufacturing was not a victim of double jeopardy, a panel of the Indiana Court of Appeals held on Friday.
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10-year Conour sentence disappoints victims

October 17, 2013
Dave Stafford
Victims of disgraced wrongful-death and personal-injury attorney William Conour said his 10-year sentence imposed on a wire fraud charge – half the maximum he could have received – left them feeling victimized again.
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Conour gets 10-year fraud sentence

October 17, 2013
Dave Stafford
Former attorney William Conour has been sentenced to 10 years in federal prison for defrauding more than 30 wrongful-death and personal-injury clients of close to $7 million.
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Accused molester denied chance to present complete defense

October 17, 2013
Jennifer Nelson
Finding the testimony and evidence a man accused of child molesting wished to present at trial – but was denied by the trial court – was critical to his defense, the Indiana Court of Appeals reversed his two molestation convictions.
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Commission on Courts to look at confidentiality of paternity cases

October 17, 2013
IL Staff
The Commission on Courts will tackle several issues at its meeting Oct. 21, including the confidentiality of juvenile court records in juvenile paternity cases.
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Court rules against Menard on roofing company’s lawsuit for payment

October 17, 2013
Jennifer Nelson
The Indiana Court of Appeals ordered summary judgment entered in favor of a roofing services company on claims of breach of contract against Menard Inc., finding Menard was unable to establish a dispute of material fact as to its right to withhold payment.
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Orbitz contracts with hotels are ‘trade secrets,’ Tax Court rules

October 17, 2013
Jennifer Nelson
The Indiana Tax Court Wednesday granted online travel company Orbitz LLC’s request to place certain documents under seal – including contracts the company has with three Indiana hotels. Judge Martha Wentworth determined that the contracts are trade secrets, so they are not subject to public disclosure.
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Partial shutdown over, for now

October 17, 2013
IL Staff
President Barack Obama signed legislation Thursday ending the partial shutdown of the federal government and pushing back deadlines before Congress must act again to prevent a similar situation. The announcement from the White House came hours after the U.S. Courts announced federal courts would remain open through Oct. 18.
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No constitutional violations in stopping car with interim dealer plate

October 16, 2013
Jennifer Nelson
Finding an Indianapolis police officer had reasonable suspicion to conduct an investigatory stop of a car with an interim dealer plate, the Indiana Court of Appeals affirmed the driver’s conviction of Class C felony operating a motor vehicle after his driving privileges had been forfeited for life.
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State to appeal ruling in fenced deer-hunting case

October 16, 2013
IL Staff
The Office of the Indiana Attorney General announced Tuesday that it will appeal a recent Harrison County ruling that held the state couldn’t regulate a fenced deer-hunting operation.
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  1. Here an atheist worries about the Indiana rules, when the real and demonstrated problems are (1) anti-Christian bias and (2) a refusal to follow their own rules as to the Indiana Board of Law Examiners! Such sweet, sweet irony! See, e.g. https://www.scribd.com/doc/299040062/Brown-ind-Bar-memo-Pet-cert and https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  2. Child Advocates profited over 6 million last year alone. They are bullies & do not act in children's best interests but rather their own. They placed my children full time with their unlicensed alcoholic father despite recommendations for over 5 yrs. Meanwhile my children have medical conditions left untreated living with their father and their education has suffered greatly. Get these people terminated!!!

  3. Child Advocates profited over 6 million last year alone. They are bullies & do not act in children's best interests but rather their own. They placed my children full time with their unlicensed alcoholic father despite recommendations for over 5 yrs. Meanwhile my children have medical conditions left untreated living with their father and their education has suffered greatly. Get these people terminated!!!

  4. Jeste?my najlepszym Kancelaria w Olkuszu. Odwied? nas na prawnika (adwokat) do wynaj?cia w Chrzanowie, Wadowicach i Olkuszu. Lokalny prawnik lub adwokat do wynaj?cia. adwokat wadowice

  5. Thanks for this article. We live in Evansville, IN and are aware of how bad the child abuse is here. Can you please send us the statistics for here in Vanderburgh, County. Our web site is: www.ritualabusefree.org Thanks again

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