Courts

Man convicted in attorney attack

August 3, 2009
Jennifer Nelson
The man who attempted to push a Fort Wayne attorney over a railing in the Tippecanoe County courthouse in 2007 was convicted of Class C felony criminal confinement Friday.
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Police officer not entitled to qualified immunity

August 3, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a police officer isn't entitled to qualified immunity in a suit claiming excessive force because the officer didn't have a reason to point a submachine gun at the plaintiffs during the execution of a search warrant.
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Indiana federal judge sanctions attorneys

August 3, 2009
Michael Hoskins
A federal judge in Hammond has sanctioned two Detroit attorneys who filed what he calls a frivolous claim demonstrating a pattern of misconduct, fining each lawyer and their client in a sharply worded ruling.
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District Court erred in drug sentence

July 31, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals vacated a man's sentence for conspiracy to distribute methamphetamine because the District Court failed to figure out the quantity of the drug reasonably attributable to the defendant.
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Court: Murderer not eligible for parole

July 31, 2009
Jennifer Nelson
The Indiana Supreme Court ruled that a man serving two life sentences for his 1975 murder convictions isn't eligible to seek parole under the laws in effect at the time the murders took place, but could seek clemency though the Indiana Parole Board.
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Law students complete diversity program

July 31, 2009
IL Staff
A program implemented by the state to help minority, low income, or educationally disadvantaged college graduates who will attend law school and plan to practice in Indiana has wrapped up its annual event.
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COA: University should get summary judgment

July 30, 2009
Jennifer Nelson
The Indiana Court of Appeals ruled in favor of the trustees of Indiana University, finding the trial court erred when it denied summary judgment for the school and concluded a provision in an agreement between the school and a fired professor was ambiguous.
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Supreme Court grants 2 transfers

July 30, 2009
Jennifer Nelson
The Indiana Supreme Court granted two transfers this week to cases involving a negligence claim against a grocery store and subordinated judgment liens.
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Judge again finds death row inmate competent

July 30, 2009
Michael Hoskins
A federal judge in Indianapolis has found that a death row inmate is competent to assist his attorneys and proceed with a five-year-old habeas appeal that's been stayed twice because of mental health concerns.
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Court failed to include all assets in marital pot

July 29, 2009
Jennifer Nelson
For the second time in the same case, the Indiana Court of Appeals reversed a trial court's division of assets in a marital dissolution because the trial court excluded from the marital pot the property the parties brought into marriage.
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COA reverses small claims judgment

July 29, 2009
Jennifer NelsonMore

Man wasn't competent to sign contract

July 28, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a neighbor of a mentally ill man shouldn't have been able to purchase the man's farm because the man was incompetent when he signed the sales contract.
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Judge awards $42 million in back pay suit

July 28, 2009
Michael Hoskins
A Marion Superior judge is awarding more than $42.4 million to a class of thousands of former state employees who sued to recover back pay for unequal wages earned between 1973 and 1993.
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Court: Suit doesn't belong in federal courtRestricted Content

July 28, 2009
Jennifer Nelson
In a ruling that could impact pending litigation involving Indiana Protection and Advocacy Services, the 7th Circuit Court of Appeals decided the agency doesn't have standing to bring suits in federal court.
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Trial date set for suspended judge

July 27, 2009
IL Staff
Suspended LaPorte Superior Judge Jennifer Evans Koethe's trial has been set for Jan. 4, 2010, in Lake County.
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Apartment creates issue of first impression

July 27, 2009
Jennifer Nelson
In an issue of first impression, the Indiana Tax Court decided housing owned by a non-profit that receives governmental subsidies to rent to low- and moderate-income people at below-market rates is not property used for a charitable purpose.
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Counties test expanded protective order registry

July 24, 2009
IL Staff
Eight Indiana counties will be the first to use the state's expanded electronic protective order registry. The expansion is a result of a partnership between the Indiana Supreme Court, law enforcement, clerks, and domestic violence groups.
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Supreme Court grants writ of mandamus

July 24, 2009
IL Staff
Indiana Supreme Court justices unanimously voted to grant a permanent writ of mandamus and prohibition in a case out of Howard Superior Court.
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COA rules on coal bed gas dispute

July 24, 2009
Jennifer Nelson
In settling a dispute between two Illinois companies regarding who has the legal right to recover coal bed methane gas, the Indiana Court of Appeals made its decision based on public safety and ruled in favor of the company assigned the coal bed gas lease.
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Supreme Court grants 2 transfers

July 23, 2009
Jennifer NelsonMore

Judges disagree in police entry case

July 23, 2009
Jennifer NelsonMore

COA splits in application of statute in med-mal suit

July 23, 2009
Jennifer Nelson
The issue of whether the Journey's Account Statute applied to a woman's medical malpractice claim filed after the statute of limitations expired caused a split of an Indiana Court of Appeals panel.
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Court rules on suspended sentence issue

July 23, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges ruled on an issue that has generated a split of opinion among them: whether a fully executed sentence is equivalent to a sentence of equal length but partially suspended to probation for purposes of review under Appellate Rule 7(B).
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Mentally ill prisoners suit dismissal denied

July 23, 2009
Jennifer Nelson
A federal judge has denied the Indiana Department of Correction's motion to dismiss a suit brought last year that challenges the DOC's practices and programs regarding mentally ill patients.
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Former Indiana Supreme Court chief justice dies

July 22, 2009
Jennifer Nelson
A Former Indiana Supreme Court Chief Justice who was known for his colloquialisms and quick wit died Tuesday morning at his home.
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  1. 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.

  2. 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?

  3. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

  4. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  5. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

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