Courts

Court reverses handgun conviction

April 12, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed today a defendant's conviction of carrying a handgun without a license because the circumstantial evidence doesn't support that the man had the requisite intent to constructively possess the gun.
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AG objects to East Chicago settlement

April 12, 2010
IL Staff
The Indiana Attorney General has filed an objection to a City of East Chicago deal with Second Century, a for-profit company that has received casino money, that would settle a lawsuit between the parties.
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Law professor ends 15-month nomination battle

April 12, 2010
Michael Hoskins
On a historic day when a longtime U.S. Supreme Court justice announced his retirement and an Indianapolis judge marked his investiture to the 7th Circuit Court of Appeals, an Indiana law professor withdrew her name from consideration for a post with the Department of Justice.
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High court upholds life sentenceRestricted Content

April 9, 2010
Jennifer Nelson
The Indiana Supreme Court upheld a man's sentence of life in prison, noting the defendant's numerous opportunities to reform, but that he continued to commit crimes.
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Tax court relocating

April 7, 2010
Jennifer Nelson
The Indiana Tax Court is relocating, but the court won't be moving very far. It's moving two floors down in its current building, the National City Center in Indianapolis.
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Justices grant 2 transfers

April 6, 2010
Michael Hoskins
The Indiana Supreme Court has agreed to consider cases that involve a trial court's handling of a mentally ill murder defendant, and whether the First Amendment protects a volunteer firefighter's e-mails about the township department's financial situation.
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Governor appoints 2 city court judges

April 6, 2010
Michael HoskinsMore

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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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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