Courts

Senate committee extends for $1 pro bono filing fee

January 12, 2017
Marilyn Odendahl
A bill extending the $1 additional civil filing fee to support pro bono programs sailed through a Senate committee Wednesday despite a discussion about the possibility of allowing Marion County small claims courts to keep the filing fees they collect for themselves.
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COA upholds constitutionality of CHINS reunification exception

January 12, 2017
Dave Stafford
A statute providing exceptions to the requirement that the Department of Child Services make reasonable efforts to preserve and reunify families involved in CHINS cases survived a constitutional challenge Thursday.
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COA vacates arbitration award for lack of agreement

January 12, 2017
Olivia Covington
The Indiana Court of Appeals vacated an arbitration award Thursday after determining that an arbitration agreement did not exist, thus making the arbitration proceedings between a Lake County couple and an automotive company pointless.
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Church members join in grief, anger as gunman sentenced to death

January 12, 2017
 Associated Press
Family members of the nine people Dylann Roof killed in a Charleston, South Carolina, church weren’t the only ones who suffered. Their church family grieved, too.
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Company must pay sales tax on electricity, freezer equipment

January 12, 2017
Olivia Covington
An Indiana food storage warehouse must pay sales tax on electricity and freezer equipment it purchased because such purchases are not used in the production of new, marketable goods, Indiana Tax Court Judge Martha Wentworth ruled Wednesday.
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Couple who claim bank's actions led to their divorce lose appeal

January 11, 2017
Jennifer Nelson
An Indiana attorney and her ex-husband couldn’t convince the 7th Circuit Court of Appeals that a bank violated the Real Estate Settlement Procedures Act with regards to an errant insurance payment and that alleged error led to their divorce and caused $300,000 in damages.
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VW pleads guilty in emissions scandal; 6 employees indicted

January 11, 2017
 Associated Press
Volkswagen is pleading guilty to three criminal charges and will pay $4.3 billion to the U.S. government for cheating on emissions tests and destroying evidence in an elaborate cover-up.
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COA: Revocation of sex offender’s probation was not an abuse of discretion

January 11, 2017
Olivia Covington
The Harrison Superior Court did not abuse its discretion when it revoked a convicted sex offender’s probation after he contacted people under 18 years of age and lived within one mile of his victim in violation of the terms of his probation, the Indiana Court of Appeals held Wednesday.
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State judicial leaders present budget proposals at first Ways and Means meeting

January 11, 2017
Olivia Covington
Indiana’s top judicial leaders made their cases for additional funding in the next two years on Wednesday, with the biggest funding boost requested to support continued court technology initiatives.
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Lawsuits over Trump business threaten to tie up presidency

January 11, 2017
 Associated Press
As a businessman, Donald Trump has kept the courts busy. That's hardly likely to change when he enters the Oval Office, creating an unusual and potentially serious problem for a sitting president.
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USA Gymnastics faces another suit over alleged sex abuse by doctor

January 11, 2017
 Associated Press
A doctor accused of sexually abusing gymnasts was sued Tuesday by 18 women and girls, the latest legal action over alleged assaults, mostly at his clinic at Michigan State University.
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COA upholds child support order in peculiar case involving non-biological son

January 11, 2017
Marilyn Odendahl
A divorce involving a troubled husband, unfaithful wife and a 12-year lie unraveled into a child support and paternity dispute that ended with a split Indiana Court of Appeals ordering the non-biological father to provide financial assistance. Any other ruling, the majority reasoned, would leave the minor without a dad.
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Indianapolis, billboard company reach court agreement over digital signs

January 11, 2017
IBJ Staff
Billboard company GEFT Outdoor LLC and the city of Indianapolis have agreed to a court settlement that will allow the company to operate two local digital billboards while sparing the city any financial liability for a former sign ordinance that was found to be unconstitutional.
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Critics blast Marion County judge-selection proposals

January 11, 2017
Dave Stafford
Legislation assuring partisan balance on the bench has key stakeholder and lawmaker support.
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Supreme Court, Legislature leave police body camera statute as is

January 11, 2017
Marilyn Odendahl
Prosecutors say releasing police video will violate Indiana Rules of Professional Conduct.
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Initiative leads to fewer juvenile delinquency filings

January 11, 2017
Olivia Covington
The number of youths finding themselves in the court system has been on a downward trend nationally and statewide, with the number of juvenile delinquency filings across Indiana steadily decreasing for the last decade.
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Ryznar: Another notable year for CHINS and parental rights cases

January 11, 2017
Margaret Ryznar
As Indiana continues to experience heightened levels of CHINS and termination of parental rights cases, several interesting cases arose in 2016 related to these topics.
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COA considers liability in sheriff’s office suicide case

January 10, 2017
Olivia Covington
After the wife of a Harrison County sheriff’s deputy killed herself with her husband’s gun while he was off duty, the sheriff’s office and her estate began debating a single question: was the deputy acting in the line of duty when his wife committed suicide?
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In final argument, Roof does not ask jury to spare life

January 10, 2017
 Associated Press
Dylann Roof said he wasn't sure “what good it would do” to ask jurors for life in prison instead of execution, showing no remorse for killing nine black church members during a Bible study in Charleston, South Carolina.
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Trial court domestic violence counseling order affirmed

January 10, 2017
Olivia Covington
The Marion Superior Court was within its discretion when it ordered a man to complete domestic violence counseling even though he was not convicted on a domestic battery charge, the Indiana Court of Appeals held Tuesday.
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Men in KKK costumes disrupt Sessions confirmation hearing

January 10, 2017
 Associated Press
Protesters disrupted Sen. Jeff Sessions’ confirmation hearing for attorney general Tuesday, including two men wearing Ku Klux Klan costumes and a woman wearing a pink crown.
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U.S. Supreme Court rules for officer in police shooting

January 10, 2017
 Associated Press
The U.S. Supreme Court says a New Mexico State Police officer did not violate clearly established law when he shot and killed an armed man without first calling out a warning.
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Indiana judge lets death penalty appeal go to high court

January 10, 2017
 Associated Press
A northern Indiana judge has ruled that a man who faces the death penalty can appeal, claiming the state’s death penalty law is unconstitutional.
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Adopt-A-Doll brings cuteness to courtroom

January 10, 2017
 Associated Press
Most of the child-related cases heard in Clark Circuit Court No. 4 are grim. Judge Vicki Carmichael is accustomed to tales of neglect, abuse and troubled juveniles. Saturday’s court docket brought something entirely different — children with smiles on their faces clasping dolls and stuffed animals in front of the bench.
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IU fraternity chapter suspended after hazing problems

January 10, 2017
 Associated Press, IL Staff
The governing body of Delta Tau Delta has suspended the charter for the fraternity's chapter at Indiana University Bloomington following problems with hazing. The fraternity also faces a lawsuit alleging sexual assault.
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  1. Im very happy for you, getting ready to go down that dirt road myself, and im praying for the same outcome, because it IS sometimes in the childs best interest to have visitation with grandparents. Thanks for sharing, needed to hear some positive posts for once.

  2. Been there 4 months with 1 paycheck what can i do

  3. our hoa has not communicated any thing that takes place in their "executive meetings" not executive session. They make decisions in these meetings, do not have an agenda, do not notify association memebers and do not keep general meetings minutes. They do not communicate info of any kind to the member, except annual meeting, nobody attends or votes because they think the board is self serving. They keep a deposit fee from club house rental for inspection after someone uses it, there is no inspection I know becausee I rented it, they did not disclose to members that board memebers would be keeping this money, I know it is only 10 dollars but still it is not their money, they hire from within the board for paid positions, no advertising and no request for bids from anyone else, I atteended last annual meeting, went into executive session to elect officers in that session the president brought up the motion to give the secretary a raise of course they all agreed they hired her in, then the minutes stated that a diffeerent board member motioned to give this raise. This board is very clickish and has done things anyway they pleased for over 5 years, what recourse to members have to make changes in the boards conduct

  4. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  5. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

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