Courts

7th Circuit hears Cinergy appeal

September 29, 2010
Michael Hoskins
The 7th Circuit Court of Appeals is considering the appeal involving the 2009 retrial on clean-air rule violations at a coal-fired power plant in southeast Indiana.
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Judge leaves for Afghanistan mission

September 29, 2010
Michael Hoskins
After a year of preparation, Marion Superior Juvenile Judge Marilyn Moores left for an 11-month mission to Afghanistan to help rebuild the war-torn country’s farming and agricultural infrastructure.
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Court: team-building activity not under insured conditions

September 28, 2010
Elizabeth Brockett
The Indiana Court of Appeals today affirmed summary judgment in favor of an insurance company, noting a soccer team’s accident while traveling to an activity outside of the trip’s purpose was not covered.
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Supreme Court will have 18-day gap between justices

September 28, 2010
Michael Hoskins
The Indiana Supreme Court will be missing one of its five members for almost three weeks as its new justice wraps up remaining business on the Boone Circuit Court before taking the appellate bench.
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7 remain in running for Tax Court judge

September 27, 2010
Michael Hoskins
In less than 30 minutes, the Indiana Judicial Nominating Commission cut in half the list of applicants to become the state’s second-ever Indiana Tax Court judge.
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Breaking: Commission names 7 semi-finalists

September 27, 2010
Michael Hoskins
The Indiana Judicial Nominating Commission has selected seven semi-finalists for consideration to become the next Indiana Tax Court judge.
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Commission conducts first Tax Court judge interviews

September 27, 2010
Michael Hoskins
The Indiana Judicial Nominating Commission is interviewing 14 people who’ve applied to be the state’s next Tax Court judge, narrowing down the list to semi-finalists who will return for second interviews in October.
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Supreme Court takes case involving sentencing discrepancy

September 27, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case in which a defendant challenged his sentence following his guilty plea to Class B felony burglary and admitting to being a habitual offender.
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Indiana co-authors amicus brief in Prop 8 case

September 27, 2010
Jennifer Nelson
Indiana is one of four states that have written an amicus brief asking the 9th Circuit Court of Appeals to overturn a California judge’s ruling that would lift the ban on same-sex marriages.
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Court reaffirms 3-step test for in camera review

September 24, 2010
Jennifer Nelson
The Indiana Court of Appeals doesn’t believe that its previous ruling regarding the in camera review of an organization’s documents relating to alleged molestation victims sends the message that it’s “open season” on the records of victim services providers.
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High court amends Indiana rules

September 24, 2010
IL Staff
The Indiana Supreme Court has issued 14 orders amending various Indiana rules.
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15 apply to be next Tax Court judge

September 21, 2010
Jennifer Nelson
Fifteen people want to be Indiana’s next Tax Court judge. Judge Thomas G. Fisher announced in August his plans to retire Jan. 1, 2011.
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Appellate court finds lawsuit brought in bad faith

September 20, 2010
Jennifer Nelson
The Indiana Court of Appeals ruled today for a fifth time on a contentious family dispute over the estate of deceased parents, affirming a small claims court judgment in favor of two of the siblings for damages and fees against their brother and his wife.
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Governor chooses Judge Steven David as next Supreme Court justice

September 17, 2010
Michael Hoskins

Boone Circuit Judge Steven David will become the next Indiana Supreme Court justice, meaning the state’s highest court will remain without a woman.

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Indiana gets new federal magistrate

September 15, 2010
Michael Hoskins
For the first time since the early 1980s, the Southern District of Indiana has gotten approval to hire a new full-time federal magistrate. The U.S. Judicial Conference, which is the policy-making arm of the federal court system, approved during its annual fall meeting on Tuesday the Indianapolis-based magistrate spot along with three others throughout the country.
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Tippecanoe County judge recognized for access to justice work

September 15, 2010
IL Staff
Tippecanoe Superior Judge Gregory J. Donat is the 2010 recipient of the American Judicature Society’s Kathleen M. Sampson Access to Justice Award. Judge Donat has worked to improve access to justice for everyone.
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Candidacy issues in Allen, Lake counties

September 15, 2010
Michael Hoskins
During an afternoon of heated debate about election law, a state commission kept a controversial incumbent judge on Allen County’s ballot despite arguments he should be disqualified while it essentially pulled another judicial candidate off the Lake County ballot in a challenge involving how the political process put him into the race.
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National event in Indiana can help lawyers, judges, law students

September 15, 2010
Rebecca Berfanger
Issues that affect every member of the legal community’s mental health and wellness, whether through a personal experience or that of a colleague, will be the focus of a conference in Indianapolis next month.
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New approach to foreclosure prevention successful

September 15, 2010
Rebecca Berfanger
Courts around the state have experienced more success with a new approach to settlement conferences utilizing facilitators – who interact directly with borrowers and lenders – than past attempts to find alternatives to foreclosures.
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Judges not required to report recusals, reasons for stepping asideRestricted Content

September 15, 2010
Michael Hoskins
Judicial recusals are a serious topic, but Indiana law professor Charles Geyh can’t help but wonder how much lawyers and the public really know about requests and reasons for judges to step away from a case.
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Supreme Court preps for lineup changeRestricted Content

September 15, 2010
Michael Hoskins
The Indiana Supreme Court will soon see its first lineup change in more than a decade, and as that turnover approaches, the state’s highest appellate court is mostly conducting business as usual.
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Lawyer-legislator's attacker on trial

September 15, 2010
Michael Hoskins
The man accused of attacking a lawyer-legislator last year because of a 23-year-old legal dispute is on trial in Hamilton Superior Court, facing multiple felony charges and potentially 100 years or more in prison.
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Court appoints new CLE commission members

September 13, 2010
IL Staff
The Indiana Supreme Court has appointed three new members to the Commission for Continuing Legal Education to replace those whose terms expire at the end of the year.
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Masters named in traffic judge’s misconduct case

September 10, 2010
IL Staff
The Indiana Supreme Court has appointed the three masters in the case of Marion Superior Judge William Young.
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Defendants in will contest must timely answer

September 7, 2010
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals has held that a will contest is a civil action and a defendant in this type of action is required to file an answer or plead to a complaint as provided by the state’s trial rules.
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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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