Courts

Court affirms locked glove box search

November 9, 2010
Michael Hoskins
Without a case on point for the Indiana Court of Appeals to follow, the state’s second-highest appellate court has followed the direction of federal rulings and national precedent on allowing police to search locked glove boxes without a warrant.
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SCOTUS reverses 7th Circuit a second time on capital case

November 8, 2010
Michael Hoskins
An Indiana case has prompted the nation’s highest court to reiterate that federal courts can’t issue any writ of habeas corpus to state prisoners whose confinements do not violate U.S. law.
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Commission sends Tax Court finalists' names on to governor

November 8, 2010
IL Staff
The Indiana Judicial Nominating Commission submitted the names of the three finalists for the Indiana Tax Court to Gov. Mitch Daniels Friday.
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Court divided on invasion of privacy charge

November 8, 2010
Jennifer Nelson
The Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been convicted of invasion of privacy when she spoke to the protected party during a court hearing.
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Ticket can't constitute 'testimonial hearsay'

November 8, 2010
Jennifer Nelson
Because a chemical breath-test evidence ticket is a mechanically produced readout that can’t be considered “testimonial hearsay” under U.S. Supreme Court precedent, the Indiana Court of Appeals held a man’s Sixth Amendment rights weren’t violated when the equipment technician didn’t testify at his drunk-driving trial.
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DOC violated religious rights in denying kosher meals

November 5, 2010
Jennifer Nelson
A federal judge has found the Indiana Department of Correction was wrong to stop serving kosher meals to those whose religious practices required them to eat the specially prepared meals.
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Judges: early retirement ends unemployment benefits

November 5, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the termination of unemployment benefits for an auto worker who accepted an early retirement package after she was laid off.
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Indiana attorney is still battling merit-selection in courts

November 4, 2010
Michael Hoskins
A Terre Haute attorney has been dealt another blow in his national effort to challenge judicial merit-selection systems in favor of popular elections.
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Dozens apply for new federal magistrate spot

November 4, 2010
Michael Hoskins
More than 40 attorneys have applied for a new magistrate spot in the Southern District of Indiana, the first new position since the 1980s.
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COA affirms man not falsely arrested, imprisoned

November 4, 2010
Jennifer Nelson
The Indiana Court of Appeals declined to address whether a pro se prisoner is “incapacitated” for purposes of the Indiana Tort Claims Act in a man’s appeal of his suit involving false arrest and false imprisonment.
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High court takes certified questions in NCAA case

November 4, 2010
Jennifer Nelson
The Indiana Supreme Court has accepted three certified questions proposed by a federal appeals court that arose in a case involving the National Collegiate Athletic Association’s ticket-distribution system for championship tournaments.
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Southern District seeks comment on rule changes

November 4, 2010
IL Staff
The U.S. District Court for the Southern District of Indiana has proposed several amendments to its Local Rules involving discovery disputes, class action suits, appearances, and sentencing.
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COA upholds denial of post-conviction relief

November 3, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police in front of the attorney.
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All judges up for retention to stay on bench

November 3, 2010
IL Staff
The 11 judges up for retention this year – including five on the Indiana Court of Appeals – will remain on the bench.
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Hamilton Superior judge arrested out-of-state for DWI

November 2, 2010
Michael Hoskins
Hamilton Superior Judge William J. Hughes was arrested for drunk driving last week while vacationing in the Outer Banks of North Carolina.
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High court takes 3 cases

November 2, 2010
IL Staff
The Indiana Supreme Court will hear a case in which a dissenting Court of Appeals judge worried that the majority’s finding would head toward a bright-line rule regarding the officer safety exception to the warrant requirement in the context of a car on the side of the road.
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Court History Symposium set for Nov. 18

November 2, 2010
IL Staff
The third annual “Court History Symposium: Court History and History in the Making” CLE will feature remarks from Southern District judges as the court enters a new era.
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Judge grants attorney summary judgment in collections suit

November 1, 2010
Jennifer Nelson
A federal judge ruled in favor of an Indianapolis attorney involved in a class-action suit alleging he violated the Fair Debt Collection Practices Act. The judge granted summary judgment to the attorney after finding the class representative fell outside the class definition.
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Order asks for attorneys, court to use more professionalism

November 1, 2010
IL Staff
The Indiana Supreme Court denied a request for a writ of mandamus Friday, but noted that the attorneys and court involved had failed to act as professionally as they should regarding schedules.
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COA finds voyeurism statute not vague

October 29, 2010
Jennifer Nelson
The state’s voyeurism statute is not unconstitutionally vague, the Indiana Court of Appeals concluded today by rejecting a man’s claims that the statute would prevent taping a surprise birthday party.
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Court divides over injury claim under insurance policy

October 29, 2010
Jennifer Nelson
The Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury” under their uninsured motorist coverage.
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Judges split on court's role in garnishments with pro se debtors

October 28, 2010
Jennifer Nelson
The Indiana Court of Appeals was divided on whether a trial court should assert exemptions in garnishment actions on behalf of debtors who aren’t represented by counsel.
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Commission names 3 Indiana Tax Court finalists

October 27, 2010
IL Staff
The Indiana Judicial Nominating Commission has chosen Joby Jerrells, Hendricks Superior Judge Karen Love, and Martha Wentworth as finalists for the Indiana Tax Court.
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Federal courthouse to celebrate new, old murals

October 27, 2010
IL Staff
An event Friday at the Birch Bayh Federal Building and United States Courthouse in Indianapolis will celebrate the recent installation of new murals on the third floor of the building as well as recognize the 75th anniversary of murals on that floor.
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Rewriting the rules on attorney advertising

October 27, 2010
Michael Hoskins
If you practice law in Indiana, new rules are at your doorstep for how to go about attorney advertising in this state.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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