Courts

Program provides lawyers trial run at oral argument

November 6, 2013
Dave Stafford
A novel program offered by the Indianapolis Bar Association and the Indiana University Robert H. McKinney School of Law in Indianapolis, the Indiana Appellate Institute gives lawyers a trial run in which they can practice their arguments before a panel of volunteer lawyers and sometimes former judges and justices.
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Finney: Is trial technology a reasonable and necessary expense?

November 6, 2013
Deanna Marquez
A recent decision from the Nevada District Court, Clark County, demonstrated that technology at trial is a valued component and not merely a dog-and-pony show. The dispute at hand centered upon unpaid expenses for trial technology that had been deemed as not a “reasonable and necessary” expense.
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David, Massa stake key positions on court

November 6, 2013
Dave Stafford
A review of the work of the Indiana Supreme Court in 2012 by Barnes & Thornburg LLP attorneys finds Justices Steven David and Mark Massa establishing themselves respectively as swing votes and active dissenters.
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Disciplinary Actions - 11/6/13

November 6, 2013
IL Staff
See who's been suspended or resigned recently in Indiana.
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Unemployment checks no longer part of summer break, COA rules

November 5, 2013
Marilyn Odendahl
Finding that an addition to the state’s statute did not change the intent of the law, the Indiana Court of Appeals ruled that school bus drivers in Anderson were rightly denied their unemployment checks.
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Court of Appeals cites snail mail as reason for overturning summary judgment

November 5, 2013
Marilyn Odendahl
While neither snow nor rain nor heat nor gloom of night will keep the U.S. Postal Service from its appointed rounds, the Indiana Court of Appeals reminded a lower court that trial rules allow for three extra days when motions are sent by mail.
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‘Marijuana legal elsewhere’ claim no help in parental termination appeal

November 5, 2013
Dave Stafford
Termination of parental rights was properly granted for a molesting father in federal prison and a drug-using mother who failed to comply with court-ordered services after striking a child.
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Jury finds IMPD officer guilty on all 9 counts

November 5, 2013
Jennifer Nelson
An Allen County jury returned a guilty verdict Tuesday afternoon in the trial of Indianapolis Metropolitan Police Officer David Bisard. Bisard faced nine charges stemming from a deadly accident in August 2010 when his police cruiser struck motorcyclists stopped at an Indianapolis intersection.
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Trial court errantly suppressed DUI evidence

November 5, 2013
Dave Stafford
A Marion Superior Court should not have suppressed evidence of intoxication of a man who was taken to a roll-call station on suspicion of drunken driving, the Indiana Court of Appeals ruled.
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Post-conviction claim allowed in DOC placement change

November 5, 2013
Dave Stafford
Offenders may seek post-conviction relief from Department of Correction placement changes, the Court of Appeals ruled Tuesday after the state revised its view that a claim should be dismissed.
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Appeals court affirms revoked probation after test shows marijuana

November 5, 2013
Dave Stafford
A man ordered to serve 90 days of a suspended one-year sentence for a conviction of misdemeanor marijuana possession wasn’t denied due process when his probation officer admitted evidence of a positive urinalysis, the Indiana Court of Appeals ruled.
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Justices reverse custody modification but order status quo to continue, for now

November 5, 2013
Jennifer Nelson
The laws in place to protect children caught in the middle of a custody battle were ignored by a St. Joseph Superior Court, the Indiana Supreme Court ruled Tuesday, pointing to a change in custody despite a lack of a proper evidentiary hearing.
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How the Brizzi public-corruption case unraveled

November 5, 2013
Cory Schouten
Federal authorities suffered a near-complete defeat in their efforts to prosecute the players in an unusual real estate deal in Elkhart, a setback that ultimately doomed an ambitious public-corruption case targeting former Marion County Prosecutor Carl Brizzi.
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Conour online asset auction begins, will run 2 weeks

November 5, 2013
Dave Stafford
An auction of wine, art, home furnishings and other assets seized from the Carmel home of imprisoned former wrongful-death attorney William Conour begins Tuesday and will continue for two weeks, according to the Texas auction company handling the sale.
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Service-animal suit against Evansville schools proceeds

November 5, 2013
Dave Stafford
A federal lawsuit brought under the Americans with Disabilities Act after Evansville schools adopted a policy restricting the use of service animals will proceed.
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Aye Chihuahua! Dog’s domain remains Indiana, appeals court rules

November 5, 2013
Dave Stafford
Sofie, the black-and-white Chihuahua-rat terrier mix, stays in Indiana, the Court of Appeals affirmed in a canine custody challenge.
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Fewer cases being decided by juries, according to Indiana Supreme Court stats

November 4, 2013
Marilyn Odendahl
The Indiana court system held 1,338 jury trials during 2012, continuing what court officials described as a “significant decline” across the state.
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Rehearing on double-jeopardy appeal leads to same conclusion

November 4, 2013
Dave Stafford
An Indiana Court of Appeals panel was unmoved by a recent Indiana Supreme Court decision, and the appellate panel reaffirmed that a charge of sexual misconduct with a minor should not be dismissed against a defendant acquitted of rape based on the same incident.
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Former university soccer coach’s lawsuit after charges dropped fails

November 4, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with the lower court Monday that a lawsuit brought by a former soccer coach at Oakland City University against an arresting officer should be dismissed for being time-barred. Christian Serino alleged his constitutional rights were violated and multiple state-law torts were committed after trespass and resisting law enforcement charges against him were dropped.
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Retailer properly terminated lease, COA rules in reversal

November 4, 2013
Dave Stafford
A retail chain that closed an underperforming store in a Hendricks County shopping center had a contractual right to do so under its lease, the Indiana Court of Appeals held in reversing a judgment in favor of the plaza owner.
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Judge facing discipline refused to take deposition oath

November 4, 2013
Dave Stafford
Marion Superior Judge Kimberly Brown refused to be sworn during a deposition before the Judicial Qualifications Commission – a videotaped moment of defiance used against her Monday at the outset of her weeklong disciplinary case.
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Judge sentences attorney Page to probation, fine

November 4, 2013
Cory Schouten
Attorney and real estate developer Paul J. Page will serve two years of probation and pay a $10,000 fine for concealing the source of a $362,000 down payment on his purchase of a state-leased office building in Elkhart.
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SCOTUS to hear Indiana steelworkers’ case Monday

November 1, 2013
Dave Stafford
This question arising in an Indiana labor case will be before the Supreme Court of the United States on Monday: What does “changing clothes” mean?
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Marion Superior judicial commissioners to get raises

November 1, 2013
Dave Stafford
Commissioners in Marion Superior courts will take a step toward pay equity with magistrates under a proposal approved Friday by the courts’ executive committee.
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Tax Court lets owners’ appeal go forward in alleged ‘puppy mill’ case

November 1, 2013
Dave Stafford
The former owners of an alleged puppy mill in Harrison County may pursue their claim that because the state overreached in using jeopardy tax warrants to seize their animals and property, they are entitled to a refund of the value of the taken property.
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