Courts

Clark County goes online with Odyssey

July 19, 2010
IL Staff
Clark County is now using the Indiana Supreme Court Case Management System, Odyssey.
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Marion Superior Traffic judge charged with misconduct

July 16, 2010
Michael Hoskins
The Indiana Commission on Judicial Qualifications has charged Marion Superior Judge William E. Young with misconduct for his handling of traffic court cases.
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Judiciary ready to move on appellate CMS, e-filing

July 12, 2010
Michael Hoskins
The state judiciary is moving forward with a plan to establish an appellate case management system, which someday could entail an e-filing system similar to what the federal courts currently have access to.
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Merit-selection panel formed to select new federal magistrate

July 12, 2010
Michael Hoskins
Anyone interested in being a federal magistrate for the southern part of Indiana has until Wednesday to apply for that position.
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Renovations under way at federal courthouseRestricted Content

July 7, 2010
Michael Hoskins
As attorneys and judges continue filing and litigating cases in the U.S. District Court for the Southern District of Indiana, a renovation project is underway and adding new life into the federal courthouse in downtown Indianapolis.
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Judicial pay case gets ABA supportRestricted Content

July 7, 2010
Michael Hoskins
The American Bar Association wants the Supreme Court of the United States to take a case that asks whether congressional denial of cost-of-living adjustments for federal judges compromises judicial independence and violates the Constitution.
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Appellate court openings spark discussion about experienceRestricted Content

July 7, 2010
Michael Hoskins
Whether someone has worn a black robe before joining an appellate court is a discussion that often surfaces whenever one of those judiciary posts opens in either the state or federal system.
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High court opening process wasn't public 25 years ago

July 2, 2010
Michael Hoskins
The nearly three-dozen attorneys who’ve applied to become the state’s newest justice sets a record for the past 25 years, but it falls short of the number who’d applied for an Indiana Supreme Court post a quarter century ago.
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District judge asks court to answer certified question

July 2, 2010
Jennifer Nelson
The U.S. District Court in the Southern District of Indiana is asking the state’s Supreme Court to accept a certified question in litigation involving the Indiana Products Liability Act.
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Police entry violated man's constitutional rights

July 1, 2010
Jennifer Nelson
The entry by police into a man’s apartment based on uncorroborated information from an anonymous source violated the man’s federal and state constitutional rights, the Indiana Supreme Court ruled Wednesday. Because of this, the drugs found in the man’s apartment must be suppressed.
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1-year limit toll not extended by appeal

July 1, 2010
Jennifer Nelson
The one-year limit to file a motion for relief from judgment under Indiana Trial Rule 60(B) is not from the time an appeals court rules on the matter, but must be made within one year after the trial court enters its order, the Indiana Court of Appeals ruled today in an issue of first impression.
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COA finds fundamental error in juvenile case, again

June 30, 2010
Jennifer Nelson
In a case identical to one it ruled on earlier this year, the Indiana Court of Appeals found the state violated a juvenile’s right to counsel at her detention hearing.
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Booking card exception to hearsay rule

June 30, 2010
Jennifer Nelson
A booking card created by law enforcement in the course of a ministerial, nonevaluative booking process is not subject to the police reports exclusion under Indiana Evidence Rule 803(8), the Indiana Court of Appeals decided today.
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Justices address economic loss rule in 2 opinions

June 30, 2010
Jennifer Nelson
In two separate rulings involving the “economic loss rule,” the Indiana Supreme Court ruled against a library seeking to hold subcontractors and an engineer responsible for negligence, and in favor of a bank in its tort claim against a title company.
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Water company not a political subdivision

June 29, 2010
Jennifer Nelson
The company that provides the water utility to the City of Indianapolis is not a political subdivision of the state, the Indiana Court of Appeals concluded today.
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COA balances free speech vs. minor's privacy rights

June 29, 2010
Jennifer Nelson
The Indiana Court of Appeals was faced with competing constitutional rights today: a mother’s right to free political speech versus her daughter’s right to privacy as to whether her father allegedly sexually abused her.
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Justices answer certified question

June 29, 2010
Jennifer Nelson
The Indiana Supreme Court Monday answered the certified question sent to them by the U.S. District Court in New York about what standard should be applied in determining whether a director is “disinterested” under Indiana Code Section 23-1-32-4(d).
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High court takes 4 cases

June 29, 2010
IL Staff
The Indiana Supreme Court granted four transfers June 24, including one in which the Indiana Court of Appeals extended the duty to prevent injury to sports participants to include sporting event volunteers.
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COA reverses judgment on 1 cross-claim in library appeal

June 28, 2010
Jennifer Nelson
The Indianapolis-Marion County Public Library should be able to pursue a cross-claim against an engineering company for breach of professional standard of care, the Indiana Court of Appeals ruled today.
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SCOTUS has historic day in ending session

June 28, 2010
Michael Hoskins
On a historic day for the Supreme Court of the United States, one justice stepped down after more than three decades as his successor began her confirmation hearings before the U.S. Senate Judiciary Committee.
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Partnership targets Indiana's corrections system

June 28, 2010
Elizabeth Brockett
To address Indiana’s growing prison population and increasing related costs, the state is partnering with The Pew Center on the States and the Council of State Governments Justice Center for the first comprehensive review of the state’s criminal code and sentencing policies since 1976.
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Judge Pratt sworn in as District Judge

June 28, 2010
The newest federal judge took the oath June 25.
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Justices order trial on reasonable force issue

June 28, 2010
Jennifer Nelson
A law enforcement officer’s use of force in excess of reasonable force authorized by statute isn't shielded from liability under the "enforcement of a law" immunity under Indiana Code Section 34-13-3-3(8), the Indiana Supreme Court held today.
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2 new judges on federal court make history

June 23, 2010
Michael Hoskins
History has been written within the state’s legal community, thanks to a pair of new federal judges who within days of each other joined the Southern District of Indiana.
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Robo-calls at issue in Indiana courtsRestricted Content

June 23, 2010
Michael Hoskins
A line of litigation has been playing out in state and federal courts involving what is and isn't allowed under the Automatic Dialing Machines Statute.
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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  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.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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