Courts

Dickson to deliver first State of the Judiciary

January 11, 2013
IL Staff
Chief Justice Brent Dickson will deliver his first State of the Judiciary address to the Indiana General Assembly at 2 p.m. EST on Jan. 23.
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AG asks Supreme Court to review Gingerich conviction

January 11, 2013
Dave Stafford
The Indiana Court of Appeals reversal of an adult murder conspiracy conviction of a then-12-year-old should be reviewed by the state Supreme Court, Attorney General Greg Zoeller said in a statement late Thursday.
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Justices find man not required to register for life as sex offender

January 10, 2013
Jennifer Nelson
The Indiana Supreme Court held Thursday that based on the facts of a Lake County man’s case, a 2006 amendment requiring him to register for life as a sex offender violates the Ex Post Facto Clause of the Indiana Constitution. The amendment took effect after Andre Gonzalez fully served his sentence and during the 10-year period of his required registration.
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Justices adopt changes to parenting time guidelines

January 10, 2013
IL Staff
The Indiana Supreme Court has issued a 33-page order that spells out the changes to the state’s parenting time rule and guidelines. The amendments take effect March 1, 2013.
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Judge supports denying rehearing, but disagrees with colleagues’ rationale

January 9, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals denied a man’s petition for rehearing and for a rehearing en banc after the court originally upheld the seizure of thousands of dollars following a traffic stop. But one judge did write to explain that she disagreed with her fellow panel members’ rationale for originally affirming the seizure.
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Evidence supports wife entitled to protective order against husband

January 9, 2013
Jennifer Nelson
A Tippecanoe County man appealing the issuance of a protective order against him lost his case before the Indiana Court of Appeals Wednesday. The appellate court concluded that the evidence showed his wife is a victim of domestic violence.
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Indiana authors SCOTUS brief on legislative prayer

January 9, 2013
IL Staff
Indiana Solicitor General Thomas M. Fisher drafted an amicus brief filed in the Supreme Court of the United States Monday in Town of Greece, N.Y. v. Galloway, 12-696. The brief, joined by 17 other states, asks the nation’s highest court to grant cert petition and issue a ruling clarifying that prayer is permitted before legislative bodies without requiring leaders to screen prayers for sectarian references.
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US Courts hope to make bankruptcy forms more user-friendly

January 9, 2013
Jennifer Nelson
The United States Courts announced Tuesday that it is seeking comment from the public on proposed updates to the bankruptcy forms used by individual debtors. These changes are the first proposed modernization of the forms in two decades.
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Settlement without insurer’s consent is at builder’s expense

January 8, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals praised a homebuilder for its quick response and remedy to a couple’s discovery that their brand new home was full of backed-up sewage. But because Arbor Homes didn’t get the consent of the insurer regarding a settlement, the insurer has no obligation to pay for the cleanup.
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Texas Roadhouse fire suit among 4 justices take

January 8, 2013
Dave Stafford
A lawsuit over liability for a fire that destroyed an Indianapolis steakhouse because hydrants were frozen and unusable will proceed to the Indiana Supreme Court.
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ITT agrees to pay Sallie Mae $46M to settle suit

January 8, 2013
Scott Olson
Carmel-based ITT Educational Services Inc., one of the largest operators of for-profit colleges in the nation, has agreed to pay Sallie Mae Corp. $46 million to settle litigation related to a loan agreement between the two parties.
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Governor, Election Commission now defendants in Marion County election case

January 7, 2013
Dave Stafford
A federal suit that challenges the constitutionality of Marion County judicial elections has been amended to name the governor and members of the Indiana Election Commission as defendants.
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AG sues Carmel business over undelivered Colts, sports memorabilia

January 7, 2013
IL Staff
A Carmel business and its owner face a state consumer protection lawsuit over accusations that the company bilked customers who used its website to pay for autographed photos and memorabilia of Indianapolis Colts player Reggie Wayne and former Colts Peyton Manning and Gary Brackett.
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SCOTUS to hear Indiana farmer’s case against Monsanto in February

January 7, 2013
Marilyn Odendahl
A patent infringement case involving a Knox County soybean farmer and an international seed producer will be argued Feb. 19 before the Supreme Court of the United States.
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Judge gets private reprimand

January 4, 2013
Jennifer Nelson
Four months after the Indiana Judicial Qualifications Commission filed charges against St. Joseph Probate Judge Peter Nemeth, the JQC and the judge have agreed to a private reprimand.
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Indianapolis attorney pleads guilty in deal with prosecutors

January 4, 2013
Cory Schouten
Indianapolis attorney and developer Paul J. Page has agreed to cooperate with federal prosecutors in an investigation that also targets former Marion County Prosecutor Carl Brizzi.
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Judges reinstate battery charges against drunken casino patron

January 4, 2013
Jennifer Nelson
The Indiana Court of Appeals found a Switzerland Circuit Court had no grounds to dismiss the information against a man charged with misdemeanor battery after jabbing the shoulder of a pit boss at Belterra Casino.
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Judges ‘disturbed’ by linking of drugs to defendant’s nationality

January 3, 2013
Jennifer Nelson
Even though the 7th Circuit Court of Appeals was “disturbed” by a government agent’s improperly admitted testimony linking a defendant’s Mexican nationality to the methamphetamine at issue, the court declined to grant a new trial.
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Attorney general sues 3 contractors over poor work, no refunds

January 3, 2013
IL Staff
Indiana Attorney General Greg Zoeller announced Wednesday that he has filed lawsuits against three contractors doing business in Indiana that didn’t perform work as promised or misrepresented the urgency of needed repairs.
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Dickson encourages compromise on House Democrat fines suit

January 3, 2013
Dave Stafford
Indiana Chief Justice Brent Dickson implored litigants to resolve a lawsuit over the collection of fines levied on House Democrats who walked out of the Legislature in 2011 and 2012.
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Judge: DOC treatment of mentally ill unconstitutional

January 2, 2013
Dave Stafford
A lack of basic treatment for mentally ill Indiana Department of Correction inmates held in isolation violates the U.S. Constitution’s Eighth Amendment prohibition of cruel and unusual punishment, a federal judge ruled Monday.
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Justices decide to allow big exhibit at arguments

January 2, 2013
Dave Stafford
The Indiana Supreme Court has reversed an order it issued Monday that prevented an appellant from bringing in a utility truck bucket to arguments scheduled Thursday.
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COA reverses conviction after BMV stumbles over address

January 2, 2013
Marilyn Odendahl
A driver whose conduct was “clearly blameworthy” had his conviction overturned after the Indiana Court of Appeals found the state’s evidence did not prove beyond a reasonable doubt that the driver knew his license was suspended.
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In test of 2012 emancipation law, COA affirms denial of college expenses

January 2, 2013
Dave Stafford
A statutory change in the age of emancipation for child support, except for educational support, does not preclude courts from modifying educational support obligations when parents demonstrate changes in their financial circumstances, the Indiana Court of Appeals ruled Monday.
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Traffic stop based on companion’s statement did not violate constitutional protections

January 2, 2013
Marilyn Odendahl
Police had the “reasonable suspicion” required to stop a possible impaired driver, the Indiana Court of Appeals has ruled, even though the driver’s companion did not specifically tell the officers the driver was intoxicated.
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  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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