Courts

Gary courthouse fire forces shift in 2 more courts

September 2, 2014
 Associated Press
Courts officials in northwestern Indiana have relocated two more courts to other buildings following an electrical fire that damaged part of a courthouse.
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Justices halt ruling striking down right-to-work law

September 2, 2014
 Associated Press
The Indiana Supreme Court on Friday put on hold a lower court judge's ruling striking down the state's right-to-work law and denied a request that it be consolidated with a similar case, clearing the way for the justices to hear arguments on the issue next week.
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Court rules against FedEx in drivers' labor case

August 29, 2014
 Associated Press
A federal court has ruled that FedEx Corp. improperly classified about 2,300 drivers in California as independent contractors instead of employees.
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Teen has 1 adjudication overturned, must still pay restitution

August 29, 2014
Jennifer Nelson
A teenager adjudicated as delinquent after it was determined he was in a stolen car was able to convince the Indiana Court of Appeals to reverse one of his adjudications due to double jeopardy. But, the teen must still pay restitution to the victims of his crimes.
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Man waited too long to ask for return of cash bond

August 29, 2014
Jennifer Nelson
Although the trial court was not statutorily authorized to retain a man’s cash bond in 2005, the Indiana Court of Appeals affirmed the denial of his motion to release the bond because he waived his argument.
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Judges order new rape trial based on inadmissible evidence

August 29, 2014
Jennifer Nelson
Because a detective’s testimony that a man on trial for committing rape was also a suspect in another case likely had a prejudicial impact on the jury finding the man guilty, the Indiana Court of Appeals ordered a new trial.
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Man acquitted of charges in bar fight death

August 29, 2014
 Associated Press
Jurors have acquitted a southern Indiana man of criminal charges for killing a man when he drove a truck over him after a bar fight.
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COA affirms reduction of incarcerated father’s child support obligation

August 29, 2014
Jennifer Nelson
A trial court did not abuse its discretion by reducing a father’s child support and arrearage to an absolute minimum level after he requested review of his obligation, the Indiana Court of Appeals affirmed Friday. The man, who is incarcerated, claimed the court did not consider his income or needs when making the reduction.
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Fire closes Lake County Courthouse in Gary

August 28, 2014
 Associated Press
The Lake County commissioners say a county courthouse in Gary will likely remain closed for a week after an electrical fire.
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COA: Break in employment triggered non-compete agreement

August 28, 2014
Jennifer Nelson
A man who joined a competitor immediately after his employment ended at another company did not violate a non-compete agreement, the Indiana Court of Appeals ruled Thursday. The judges agreed that a 10-day break in employment with the prior employer two years earlier constituted the beginning of his non-compete agreement, and his new job falls outside that two-year non-compete restriction.
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PACER removes older 7th Circuit case files

August 28, 2014
IL Staff
Closed cases filed before 2008 in the U.S 7th Circuit Court of Appeals have been removed from the PACER online database, as have older records from several other federal courts.
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Judge refuses inmate's request for execution

August 27, 2014
 Associated Press
A northern Indiana judge has turned down the request of a murder convict who asked to be executed even though he wasn't sentenced to death.
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COA declines to reverse conviction after co-defendant’s conviction overturned

August 27, 2014
Jennifer Nelson
A panel on the Indiana Court of Appeals Wednesday did not agree with a defendant that his conviction of attempted aggravated battery should be reversed based on the reasoning of a separate appeals panel that overturned the same conviction of his co-defendant.
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7th Circuit finds ALJ’s methodology flawed, orders more proceedings

August 27, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals found an administrative law judge’s opinion denying a man Social Security disability benefits reflects a “flawed evaluation of the record of evidence,” so it ordered more proceedings on the matter.
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Fee cap provision in Med Mal Act does not reduce fund’s liability

August 27, 2014
Jennifer Nelson
The Indiana Supreme Court has sided with an estate in a dispute over whether the Indiana Medical Malpractice Act's cap on attorney fees from a Patient Compensation Fund award also applies to reduce the fund’s liability. The issue is one of first impression in Indiana.
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Judge rules for defendants in Indy skyline photo copyright suit

August 27, 2014
Dave Stafford
A retired attorney and photographer who has filed numerous infringement lawsuits over the use of his copyrighted photo of the Indianapolis skyline lost a contested case. The ruling judge also said the purported value of the photo is questionable.
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Settlement reached in Nashville shocking case

August 27, 2014
 Associated Press
The southern Indiana tourist town of Nashville has reached a settlement with a Michigan man who accused a deputy marshal of shocking him with a Taser gun while he was having a seizure.
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Judge threatens to find Indiana mayor in contempt

August 27, 2014
 Associated Press
A judge threatened to find a central Indiana mayor in contempt of court over a dispute about pipes blocking a courthouse entrance.
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Rush takes oath as chief justice in understated event

August 27, 2014
Dave Stafford
Choosing an intimate but profound setting in the Indiana Supreme Court Law Library to take the oath Aug. 18 as the state’s first female chief justice, Loretta Rush said the history in the tomes spoke volumes to her.
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$500M Marion County Justice Center relies on novel funding

August 27, 2014
Kathleen McLaughlin
A mainstay of the travel industry, all-inclusive packages are gaining traction with governments that want a simpler way to deliver new public facilities. For an annual fee, a private-sector consortium will design, build, finance, maintain and operate a new road or building. Indianapolis could become one of the first U.S. cities to ink such a deal with a new jail and courthouse on the former site of the GM stamping plant.
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Dickson: Only judges to decide pretrial release

August 27, 2014
Marilyn Odendahl
Indiana Justice Brent Dickson says it's not fair that people are kept in jail because they do not pay a bond to get out.
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Indiana joins other states challenging EPA regulatory authority

August 27, 2014
Marilyn Odendahl
Indiana has joined 11 other states in filing a lawsuit against the U.S. Environmental Protection Agency, taking the unusual tactic of challenging the federal government’s authority to regulate greenhouse gases rather than challenging the rule itself.
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Disciplinary Actions - 8/27/14

August 27, 2014
IL Staff
Read who recently was reinstated to practice.
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Deficient counsel does not overcome convincing evidence

August 26, 2014
Marilyn Odendahl
Even though the 7th Circuit Court of Appeals spelled out in a 17-page opinion what defense counsel should have done during a bench trial, the appellate panel ultimately concluded the deficient representation did not prejudice the case.
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Judges blast Indiana, Wisconsin gay marriage bans

August 26, 2014
 Associated Press
Federal appeals judges bristled Tuesday at arguments defending gay marriage bans in Indiana and Wisconsin, with one Republican appointee comparing them to now-defunct laws that once outlawed weddings between blacks and whites.
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  4. My parents took advantage of the fact that I was homeless in 2012 and went to court and got Legal Guardianship I my 2 daughters. I am finally back on my feet and want them back, but now they want to fight me on it. I want to raise my children and have them almost all the time on the weekends. Mynparents are both almost 70 years old and they play favorites which bothers me a lot. Do I have a leg to stand on if I go to court to terminate lehal guardianship? My kids want to live with me and I want to raise them, this was supposed to be temporary, and now it is turning into a fight. Ridiculous

  5. Here's my two cents. While in Texas in 2007 I was not registered because I only had to do it for ten years. So imagine my surprise as I find myself forced to register in Texas because indiana can't get their head out of their butt long enough to realize they passed an ex post facto law in 2006. So because Indiana had me listed as a failure to register Texas said I had to do it there. Now if Indiana had done right by me all along I wouldn't need the aclu to defend my rights. But such is life.

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