Courts

Former commissioner testifies against judge

October 7, 2008
Michael Hoskins
A former Marion County commissioner took the stand against the judge she once worked for, hinting at a pattern of disorganization in his courtroom. However, she took most of the blame for an almost two-year delay in releasing a man who had been cleared of rape charges.
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COA: Insurance company can't deny coverage

October 7, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a trial court's decision that an insurance company was estopped from denying coverage to the suspected driver of a car because the company failed to properly preserve its right to deny the driver coverage.
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COA disagrees on reason to grant appeal

October 6, 2008
Jennifer Nelson
The Indiana Court of Appeals unanimously reversed the revocation of a man's probation but disagreed as to the manner in which the appellate court was authorized to do so.
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Disciplinary case ends for 1, continues for judge

October 6, 2008
Michael Hoskins
A Marion County commissioner has resolved the judicial disciplinary action against her, though a similar case against her supervising judge proceeded today with the start of a two-day hearing.
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COA uses opinion to clarify sentence claims

October 3, 2008
Jennifer Nelson
The Indiana Court of Appeals used a defendant's appeal today to clarify that inappropriate sentence claims and abuse of discretion claims are to be analyzed separately.
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Bar wants merit-based selection extended

October 2, 2008
IL Staff
The Lake County Bar Association will send a delegation to Friday's Commission on Courts meeting to endorse the adoption of legislation that would support merit-based selection of judges to the County Courts Division.
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COA: Collateral estoppel not applicable

October 2, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a motion to suppress evidence because the defendant couldn't prove collateral estoppel precluded the trial court from denying his motion.
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Agency sues DOC over mentally ill prisoners

October 2, 2008
Michael Hoskins
A state agency created in response to a federal mandate is suing the Indiana Department of Correction for what it claims is poor treatment of mentally ill prisoners.
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Northern District amends magistrate local rule

October 1, 2008
IL Staff
The United States District Court for the Northern District of Indiana has amended its Local Rule 72.1 - Authority of United States Magistrate Judges.
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Transfer granted in write-offs case

October 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer yesterday to a case of first impression involving write-offs and insurance benefits.
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Forfeiture of money to FBI allowed

October 1, 2008
Jennifer Nelson
A man whose $12,000 was seized following an arrest after a traffic stop wasn't entitled to get his money back from the FBI because the organization properly followed the rules, and even went above typical forfeiture proceedings in an attempt to inform the man of the seized money.
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After exoneration

October 1, 2008
Michael Hoskins
Wrongfully convicted Hoosier settles federal suit for $4.5 million.
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System delivers injustice

October 1, 2008
Michael Hoskins
Exonerated face new, old legal hurdles after release.
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Amendment trumps high court ruling

September 30, 2008
Jennifer Nelson
Addressing the issue for the first time since the legislature amended the state's Workers' Compensation Act in 2006, the Indiana Court of Appeals ruled today the amendment overrules an earlier Indiana Supreme Court decision that placed the burden of proof on employers in cases involving "neutral risk" incidents.
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Judges disagree on attorney fee provision

September 30, 2008
Michael Hoskins
A legal battle that was once about Indiana's requirements to obtain a driver's license or state identification turned into a tug-of-war appeal about attorney fees.
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Transfer granted to school financing case

September 29, 2008
IL Staff
The Indiana Supreme Court granted transfer last week to a case of first impression involving the courts' authority to review the state's school financing formula.
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Evidence failed to support ending parental rights

September 29, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court's ruling to involuntarily terminate a mother's parental rights to her young twins, finding the court issued deficient termination orders and lacked clear and convincing evidence to terminate the parental rights.
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Judge allows transgender suit to proceed

September 26, 2008
Michael Hoskins
A transgender former high school student who was barred from his senior prom in Gary because he was wearing a pink dress for the occasion will have his day in court.
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Director elected VP of court administrators group

September 26, 2008
IL Staff
Lila Judson, executive director of the Indiana Supreme Court Division of State Court Administration, has been elected to serve as the vice president of the national Conference of State Court Administrators for the 2008-09 term.
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LLCs must have attorneys in federal court

September 26, 2008
Jennifer Nelson
Owners of limited liability companies must be represented by an attorney to appeal a decision in federal court, ruled the 7th Circuit Court of Appeals today.
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Federal death penalty trial still possible

September 25, 2008
Michael Hoskins
The first-ever federal death penalty trial in the Southern District of Indiana may still happen, even though the defendant has signed a plea agreement in connection with a violent killing spree almost three years ago.
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President signs new Federal Rule of Evidence

September 25, 2008
IL Staff
The Federal Rules of Evidence have been amended in hopes of lessening the skyrocketing costs of discovery.
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COA to visit IU School of Law - Bloomington

September 25, 2008
IL Staff
The Indiana Court of Appeals will hear arguments in an Elkhart County child molesting case in Bloomington Sept. 29.
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Granted transfers include hearsay case

September 24, 2008
Jennifer Nelson
The Indiana Supreme Court has granted two transfers, including a case involving whether a warrant based on hearsay was supported by probable cause or fell under the good faith exception.
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Comments sought on proposed reentry court rules

September 24, 2008
IL Staff
The Problem-Solving Courts Committee of the Judicial Conference of Indiana is seeking public comment on proposed reentry court rules.
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