Courts

AG sues Carmel business over undelivered Colts, sports memorabilia

January 7, 2013
IL Staff
A Carmel business and its owner face a state consumer protection lawsuit over accusations that the company bilked customers who used its website to pay for autographed photos and memorabilia of Indianapolis Colts player Reggie Wayne and former Colts Peyton Manning and Gary Brackett.
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SCOTUS to hear Indiana farmer’s case against Monsanto in February

January 7, 2013
Marilyn Odendahl
A patent infringement case involving a Knox County soybean farmer and an international seed producer will be argued Feb. 19 before the Supreme Court of the United States.
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Judge gets private reprimand

January 4, 2013
Jennifer Nelson
Four months after the Indiana Judicial Qualifications Commission filed charges against St. Joseph Probate Judge Peter Nemeth, the JQC and the judge have agreed to a private reprimand.
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Indianapolis attorney pleads guilty in deal with prosecutors

January 4, 2013
Cory Schouten
Indianapolis attorney and developer Paul J. Page has agreed to cooperate with federal prosecutors in an investigation that also targets former Marion County Prosecutor Carl Brizzi.
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Judges reinstate battery charges against drunken casino patron

January 4, 2013
Jennifer Nelson
The Indiana Court of Appeals found a Switzerland Circuit Court had no grounds to dismiss the information against a man charged with misdemeanor battery after jabbing the shoulder of a pit boss at Belterra Casino.
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Judges ‘disturbed’ by linking of drugs to defendant’s nationality

January 3, 2013
Jennifer Nelson
Even though the 7th Circuit Court of Appeals was “disturbed” by a government agent’s improperly admitted testimony linking a defendant’s Mexican nationality to the methamphetamine at issue, the court declined to grant a new trial.
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Attorney general sues 3 contractors over poor work, no refunds

January 3, 2013
IL Staff
Indiana Attorney General Greg Zoeller announced Wednesday that he has filed lawsuits against three contractors doing business in Indiana that didn’t perform work as promised or misrepresented the urgency of needed repairs.
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Dickson encourages compromise on House Democrat fines suit

January 3, 2013
Dave Stafford
Indiana Chief Justice Brent Dickson implored litigants to resolve a lawsuit over the collection of fines levied on House Democrats who walked out of the Legislature in 2011 and 2012.
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Judge: DOC treatment of mentally ill unconstitutional

January 2, 2013
Dave Stafford
A lack of basic treatment for mentally ill Indiana Department of Correction inmates held in isolation violates the U.S. Constitution’s Eighth Amendment prohibition of cruel and unusual punishment, a federal judge ruled Monday.
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Justices decide to allow big exhibit at arguments

January 2, 2013
Dave Stafford
The Indiana Supreme Court has reversed an order it issued Monday that prevented an appellant from bringing in a utility truck bucket to arguments scheduled Thursday.
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COA reverses conviction after BMV stumbles over address

January 2, 2013
Marilyn Odendahl
A driver whose conduct was “clearly blameworthy” had his conviction overturned after the Indiana Court of Appeals found the state’s evidence did not prove beyond a reasonable doubt that the driver knew his license was suspended.
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In test of 2012 emancipation law, COA affirms denial of college expenses

January 2, 2013
Dave Stafford
A statutory change in the age of emancipation for child support, except for educational support, does not preclude courts from modifying educational support obligations when parents demonstrate changes in their financial circumstances, the Indiana Court of Appeals ruled Monday.
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Traffic stop based on companion’s statement did not violate constitutional protections

January 2, 2013
Marilyn Odendahl
Police had the “reasonable suspicion” required to stop a possible impaired driver, the Indiana Court of Appeals has ruled, even though the driver’s companion did not specifically tell the officers the driver was intoxicated.
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Previous back problems not enough to disqualify public employee from disability benefits

January 2, 2013
Marilyn Odendahl
Although an employee had a pre-existing condition, the Indiana Court of Appeals ruled his on-duty injury qualified him for Class 1 impairment disability benefits from the Indiana Public Employee Retirement Fund.
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Judge Kiely takes oath for Vanderburgh Circuit Court

January 2, 2013
IL Staff
The Hon. David D. Kiely was sworn in Wednesday as the new Vanderburgh Circuit Court judge. A ceremony was scheduled at noon in the Vanderburgh Circuit courtroom.
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2012 Year in Review

January 2, 2013
IL Staff
2012 was another busy year for the legal community. We welcomed new justices and a new chief justice, witnessed the beginnings of the state’s fifth law school, and saw local stories garner national and international attention. Here’s a look back at the top news stories from last year.
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New group aims to prevent many from enetering juvenile justice system

January 2, 2013
Marilyn Odendahl
A number of federal and state agencies along with nonprofit organizations are working to help regain the youths’ footing after they stumble into trouble. Now, a new nonprofit has been formed with a focus on preventing children and teenagers from entering the juvenile justice system.
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Rush robing completes Supreme Court transition

January 2, 2013
Dave Stafford
Justice Loretta Rush formally was robed the 108th justice of the Indiana Supreme Court on Dec. 28, the third member of the five-member court appointed by Gov. Mitch Daniels.
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Public-record email case focuses on scope of requests

January 2, 2013
Dave Stafford
A dustup over access to public records reveals an uncertain standard exists for what is considered a reasonable request to disclose public officials’ emails under Indiana public record laws.
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Court cites fishy documents in reversing support order

December 28, 2012
Dave Stafford
A Marion Superior judge had no jurisdiction to enter a judgment against a father stating he owed $27,522 in support to his children’s mother, because Canadian court documents and other filings should not have been considered, the Court of Appeals ruled.
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Vintage Corvette belongs to the last buyer

December 28, 2012
Marilyn Odendahl
Although a 1965 Chevrolet Corvette was the subject of litigation over ownership when it was purchased by a third party on eBay, the Indiana Court of Appeals has found the hotrod belongs to the eBay bidder.
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Duke loses appeal of scandal-touched IURC rate case reversal

December 28, 2012
Dave Stafford
The Indiana Utility Regulatory Commission’s reversal and subsequent rejection of deferred accounting of $11.9 million for Duke Energy was affirmed by the Court of Appeals Friday in a case revisited because of an ethics scandal involving state regulators.
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Rush robing completes Supreme Court transition

December 28, 2012
Dave Stafford
Justice Loretta Rush formally was robed the 108th justice of the Indiana Supreme Court on Friday, the third member of the five-member court appointed by Gov. Mitch Daniels.
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Public interest in reducing poverty is grounds for application of doctrine of laches

December 27, 2012
Marilyn Odendahl
In overturning a lower court’s ruling, the Indiana Court of Appeals opened the door for the doctrine of laches to be applied to the Indiana Bureau of Motor Vehicles by finding the suspension of a Bloomington woman’s driving privileges conflicts with the public’s interest in reducing poverty.
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Testy divorce remanded for recalculation

December 27, 2012
Dave Stafford
A divorce order that satisfied neither party was sent back to the trial court for recalculation of several provisions.
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  1. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  2. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  3. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  4. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  5. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

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