Courts

Justices to hear card-counting case Wednesday

April 5, 2010
IL Staff
The Indiana Supreme Court will hear arguments in three cases Wednesday, including whether a casino can ban someone who counts cards.
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Prosecutor ordered lenient deal for business partner's client

April 5, 2010
Cory Schouten
Marion County Prosecutor Carl Brizzi last year intervened in a major drug case to offer a reduced sentence over objections from both law enforcement officers and his own deputy prosecutors.
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Indiana soldiers refile suit against contractors

April 5, 2010
Jennifer Nelson
Members of the Indiana National Guard have refiled a toxic exposure suit against Texas contractors in a Houston federal court. The suit, originally filed in Indiana federal court in 2008, was dismissed in February for lack of personal jurisdiction.
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Judge dissents on qualified immunity issue

April 5, 2010
Jennifer Nelson
Judges on the 7th Circuit Court of Appeals disagreed as to whether law enforcement officers were entitled to qualified immunity for their use of flash-bang devices in attempting to remove a suicidal man from his home.
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FMLA leave doesn't accrue hours for benefits

April 2, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has affirmed an Indiana District judge's decision that an employee on family medical leave doesn't accrue those hours for benefits and can be fired for violating attendance policies.
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Court puts death penalty case on hold

April 2, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has reversed an Indianapolis judge's decision on a death penalty case, putting a condemned convict's death penalty appeal on hold indefinitely because of his current mental state.
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Maintenance affects state courts online services

April 1, 2010
IL Staff
Scheduled maintenance will make several online services provided on the Indiana Court's Web site unavailable beginning today at 7 p.m.
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COA upholds termination of parental rights

April 1, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the termination of a mother and father's parental rights based on sufficient evidence. The appellate court also found the mother couldn't appeal on the basis that the Department of Child Services failed to prove her drug use when she repeatedly refused to submit to drug testing.
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Legal process on mental illness isn't yet where it should beRestricted Content

March 31, 2010
Michael Hoskins
Courts nationally began in the mid-1990s to focus on mental illness and how the judiciary could fine-tune what it does to better address that issue. But many within the Hoosier legal community say that the criminal justice system hasn't gone far enough in the past decade, and both the courts and society are a long way from where they need to be on addressing mental illness.
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Recent SCOTUS ruling was 'brainchild' of Terre Haute attorney Jim BoppRestricted Content

March 31, 2010
Michael Hoskins
In the world of campaign finance and election law, Terre Haute attorney Jim Bopp is one of the leading legal minds involved in some of the most influential cases in these areas of law.
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2 county court systems get e-filing approval

March 31, 2010
Michael Hoskins
Two of Indiana's largest counties are getting close to putting electronic filing plans into place after receiving a green light from the Indiana Supreme Court late last year and early this year for pilot projects.
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SCOTUS rules against student-loan companyRestricted Content

March 31, 2010
Jennifer Nelson
The Supreme Court of the United States clarified March 23 the discharge of federal student-loan debt in bankruptcy involving an Indianapolis-based education loan guarantor.
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Technology Untangled: Don't be intimidated by hard drive upgrade

March 31, 2010
Stephen Bour
Screwdriver: Check. $47 hard drive cloning device: Check. That's the complete list of tools needed to EASILY upgrade your computer's hard drive.
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Court issues UPL ruling about 'general counsel'Restricted Content

March 31, 2010
Scott Olson
A top executive of Celadon Group Inc. can no longer represent himself as the Indianapolis-based trucking company's attorney because of a glaring omission - he is not licensed to practice law in Indiana.
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Federal Bar Update: Diversity test for corporations now settledRestricted Content

March 31, 2010
John Maley
For diversity jurisdiction purposes, one area of uncertainty for many years has been how to determine the citizenship of a corporation.
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Judges disagree on retroactive support issue

March 31, 2010
Jennifer Nelson
In a matter of first impression, a panel of Indiana Court of Appeals judges couldn't agree on whether an initial support order can be retroactive to a date preceding the filing of a petition for resolution. The judges disagreed as to whether a court has the authority to reach into an intact marriage and order a party to pay child support to the other.
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COA sets standard in parental rights cases

March 31, 2010
Michael Hoskins
In addressing a statutory inconsistency on parental rights terminations, the Indiana Court of Appeals has held that trial judges must offer findings of fact in those types of cases just as they're required to by law for children in need of services cases and grandparent visitation matters.
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Appellate court to hear arguments in Lafayette

March 30, 2010
IL Staff
A panel of Indiana Court of Appeals will visit Ivy Tech Community College in Lafayette Thursday to hear the appeal of a man challenging his sentence for dealing cocaine.
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COA lengthens defendant's sentence

March 30, 2010
Jennifer Nelson
The Indiana Court of Appeals revised a defendant's sentence for rape and other convictions, but it may not have been what the man had in mind when he appealed. In a rare move, the Court of Appeals increased his sentence by 25 years.
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Judges rule on custody issues

March 30, 2010
Jennifer Nelson
When modifying custody, the change in circumstances required by Indiana Code doesn't need to be so decisive in nature as to make the change necessary for the child's welfare, the Indiana Court of Appeals ruled today.
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COA rules against voting-systems company

March 29, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed a lower court order denying an electronic voting systems company's petition for stay on an order prohibiting it from marketing, selling, or leasing voting systems in Indiana for 18 months.
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Indiana joins lawsuit over health-care bill

March 29, 2010
IL Staff
The Indiana Attorney General announced today that Indiana will join 13 other states in challenging the recently passed federal health-care law.
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Company not bound by defiant agent's actions

March 26, 2010
Jennifer Nelson
A trial court erred in finding that a company was bound by its insurance agency's acts even though the agency acted against the company's wishes, the Indiana Court of Appeals ruled today.
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COA: no error in admitting no contest plea

March 25, 2010
Jennifer Nelson
A plea of no contest can be admitted under Indiana Evidence Rule 803(8) as a public record proving the fact of a conviction, the Indiana Court of Appeals affirmed today. The appellate court found no error in admitting a defendant's nolo contendere plea to a Florida murder as proof he was convicted of an offense qualifying him as a serious violent felon.
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City court judge resigns, banned from bench

March 25, 2010
Jennifer Nelson
The Indiana Supreme Court has accepted the resignation from the bench of a suspended city court judge accused of theft.
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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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