Courts

Court split in public defender 'firm' issue

March 12, 2009
Jennifer Nelson
In a disciplinary action released Wednesday by the Indiana Supreme Court, the justices disagreed as to whether two public defenders who worked part time in the same public defender office of Putnam County were "associated in a firm."
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Justices disagree on judge's penalty

March 12, 2009
Michael Hoskins
A suspended Marion Superior judge will be able to return to the bench after another 60 days off the bench, this time without pay.
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Court: Don't assume undue influence by child

March 11, 2009
Jennifer Nelson
The Indiana Court of Appeals used an opinion issued today to caution courts to not assume a child is exerting undue influence over a parent when analyzing cases involving adult children assisting an aging parent.
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Justices reprimand Allen Circuit judge

March 11, 2009
Michael Hoskins
The Indiana Supreme Court today publicly reprimanded Allen Circuit Judge Thomas Felts, who last summer was arrested for and later pleaded guilty to drunk driving.
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7th Circuit: Courts wrongfully denied re-litigationRestricted Content

March 11, 2009
Jennifer Nelson
Finding Indiana state and District courts erred in denying a convicted killer the chance to re-litigate his claim for relief from execution because he is mentally retarded, the 7th Circuit Court of Appeals vacated the District Court's denial of the man's habeas petition
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Judge suspended for 60 days, no pay

March 11, 2009
Michael Hoskins
The Indiana Supreme Court has suspended Marion Superior Judge Grant W. Hawkins from the bench for 60 days without pay, though two justices wanted a yearlong penalty while two others wanted a month suspension.
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Attorneys get public reprimand

March 11, 2009
Jennifer Nelson
In a disciplinary action released by the Indiana Supreme Court today, the justices held that the text of a 2004 version of the Indiana Professional Conduct Rule 1.15(b), as reinforced by Comment 3, required attorneys to promptly distribute undisputed portions of funds they held for clients or third parties.
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Courthouse commission members named

March 11, 2009
IL Staff
Gov. Mitch Daniels and Indiana Supreme Court Chief Justice Randall T. Shepard have selected the members of the Courthouse Preservation Advisory Commission. The commission will advise county officials on caring for Indiana's historic courthouses and provide recommendations on how they can be preserved.
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Court names temporary judges

March 10, 2009
IL Staff
Two temporary judges have been selected by the Indiana Supreme Court to fill vacancies in Wayne and Madison counties.
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Single order can have more than 1 disposition

March 10, 2009
Michael Hoskins
The Indiana Supreme Court has clarified juvenile caselaw, telling trial courts they can order a juvenile be committed to the Department of Correction and in the same order also require probation after release.
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High court: land seller not liable in death

March 10, 2009
Jennifer Nelson
Addressing an issue of first impression today, the Indiana Supreme Court considered under what circumstances a vendor of land may be liable to a third party for harm resulting from the condition of trees on the property near a road.
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Supreme Court grants transfer, remands case

March 10, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case involving a defendant's motion for leave to file a belated appeal and remanded the case for further proceedings.
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COA upholds denial of motion for class action

March 9, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a motion for a class-action suit because a claimant seeking redress pursuant the Wage Claims Act has to first submit the claim to the Department of Labor before filing a lawsuit and can't bypass the statute if another member of the putative class has already submitted a claim.
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Teen's Fourth Amendment rights not violated

March 9, 2009
Jennifer Nelson
Debating in a footnote whether a juvenile's argument that his Fourth Amendment rights were violated was subject to a Terry stop analysis, the Indiana Court of Appeals decided to apply the Terry analysis to his case.
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Transfer vacated in builder negligence suit

March 6, 2009
IL Staff
The Indiana Supreme Court vacated transfer in an order dated March 4 to a case involving homeowners and companies that performed work on their house
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Judges disagree on proof-of-age issue

March 6, 2009
Jennifer Nelson
Indiana Court of Appeals judges disagreed today about whether the state proved in its case a convicted child molester was 21 years old at the time the molestation occurred.
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High court transfers jury-instruction case

March 6, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer Thursday to a case in which a man's attempted murder conviction was ordered to be vacated as a result of his attorney's deficient performance on appeal.
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SCOTUS: Plaintiffs can sue drug companies

March 5, 2009
Michael Hoskins
The U.S. Supreme Court says pharmaceutical companies can be sued in state court over alleged drug effects, even if the Food and Drug Administration has approved the medication and its warning label.
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High court grants order in election case

March 5, 2009
IL Staff
The Indiana Supreme Court issued an order today granting the Marion County Election Board's corrected motion to remand a case pursuant to Appellate Rule 37.
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Panel disagrees in admitting expert testimony

March 5, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled today that a trial court didn't err in allowing into evidence an injured woman's testimony about medical tests and the cause of her pain.
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Appellate panel travels to Hammond

March 4, 2009
IL StaffMore

High court reverses $2.3 million jury award

March 4, 2009
Jennifer NelsonMore

Man isn't entitled to parental privilege defense

March 4, 2009
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals had to decide whether a defendant who lived in a woman's home in exchange for babysitting her children would fall under the parental privilege defense for disciplining a child.
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Appellate court gets dismissed Voter ID case

March 3, 2009
Michael Hoskins
The Indiana Court of Appeals is being asked to overturn a Marion Superior judge's decision that found the state statute requiring voters to show photo identification before casting a ballot is constitutional.
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Judge: punitive-damage cap unconstitutional

March 3, 2009
Michael Hoskins
A Marion County judge has refused to reduce damages in a priest sex-abuse case, saying the punitive damage caps put in place more than a decade ago are unconstitutional.
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  2. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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