Courts

Order that law firm pay attorney fees reversed

February 12, 2009
Jennifer Mehalik
The Indiana Court of Appeals reversed today an order awarding attorneys fees based on the actions of an Indianapolis law firm in a dispute involving the dissolution of another firm, finding the record didn't provide any insight into why the trial court granted the award.
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Judges disagree on if remand is necessary

February 11, 2009
Jennifer Mehalik
The Indiana Court of Appeals reversed and remanded a trial court's grant of an ex-wife's petition for additional relief for funds, finding the trial court didn't hear evidence on certain "critical" factors. The judges on appeal didn't agree as to whether the case should be remanded.
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Court: ALJ's ruling had several errors

February 11, 2009
Jennifer Mehalik
Finding an administrative law judge's decision to deny a woman's claim for disability benefits contained several significant errors, the 7th Circuit Court of Appeals vacated the District Court's affirmation of the denial and remanded the case to the Social Security Administration.
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Lake County fee bill moves forward

February 10, 2009
Michael Hoskins
The House Judiciary Committee met this morning to consider five bills that included assessing a $10 fee for Lake County court filings, which would be used to fund a consolidated judicial center.
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Court rules on upward sentence revision

February 10, 2009
Jennifer Mehalik
The Indiana Supreme Court held today that appellate courts have the authority to increase a sentence on appeal, but the state can't initiate or cross-appeal review of the sentence and can't ask for a greater sentence if the defendant doesn't initiate an appeal.
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Judge named chairman of alcohol commission

February 10, 2009
IL Staff
A longtime Wayne County judge has been appointed the new chairman of the Indiana Alcohol and Tobacco Commission.
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Judge allows class action in hail damage suit

February 9, 2009
Jennifer Mehalik
A U.S. District judge is allowing certain State Farm insurance policy holders to proceed in a class action suit against the company as a result of how the insurer handled roof claims following a 2006 hail storm in central Indiana.
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SCOTUS asked to take Indiana wine case

February 9, 2009
Michael Hoskins
The Supreme Court of the United States is being asked to consider the constitutionality of Indiana's wine shipping law, which requires in-person contact before any direct delivery is allowed.
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Courts celebrate Black History Month

February 9, 2009
Rebecca Berfanger
The chair of the Department of Africana Studies and associate professor of history at Notre Dame University will speak to children and the general public in a lecture titled "Forging the Children of the Sun: The Human Spirit and Jim Crow," a Black History Month program Feb. 20 at the Federal Courthouse in Indianapolis.
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Woman didn't prove she should get new trial

February 6, 2009
Jennifer Nelson
Finding a defendant didn't meet her burden of proving her newly discovered evidence claim, the Indiana Court of Appeals today upheld the denial of her petition for post-conviction relief.
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COA rules on negligence claims in library case

February 6, 2009
Jennifer Nelson
he Indiana Court of Appeals affirmed summary judgment today in favor of engineering and construction companies in a lawsuit filed by a central Indiana library, finding the economic-loss doctrine bars the library's negligence claims against the companies.
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St. Joseph judicial election bill out of committee

February 5, 2009
IL Staff
The bill requiring the non-partisan election of Superior Court judges in St. Joseph County has made it out of committee.
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COA: Statements not made in illegal detention

February 5, 2009
Jennifer Mehalik
The Indiana Court of Appeals affirmed the denial of a defendant's motion to suppress statements given to authorities while detained, finding he was legally detained because police already had probable cause to arrest him.
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Justices split in granting transfer

February 4, 2009
Jennifer Nelson
The Indiana Supreme Court was split in its decision to deny transfer in a case in which a defendant claimed misconduct by the prosecutor when he read a poem about drugs during voir dire.
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Snow closes Porter, LaPorte courts

February 4, 2009
IL Staff
The Porter and LaPorte county courts were closed today after the area received more than a foot of lake-effect snow. Starke, Pulaski, and St. Joseph counties reported no closings or delays today because of the weather.
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Letter not covered by attorney-client privilege

February 4, 2009
Jennifer Nelson
A Southern District magistrate judge has decided a letter between the city of Madison's mayor and city attorney isn't protected by attorney-client privilege in a civil action seeking damages over strip searches of three women.
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Court: Church program at school should end

February 4, 2009
Michael Hoskins
A church-owned religious education program held on school grounds in Huntington County should be terminated because it violates the Establishment Clause of the First Amendment, a federal magistrate has ruled.
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Man's claims against officers can proceed

February 3, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals reversed summary judgment in favor of police officers in a man's civil suit, finding the man may have Fourth and Fifth Amendment claims against them.
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Attorney's kidnapper nets 60-year sentence

February 3, 2009
Jennifer Nelson
The man who abducted his attorney in July 2008 has been sentenced to 60 years in the Indiana Department of Correction.
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High court grants 2 transfers

February 2, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to two cases Jan. 29, one involving statements given to police and the other whether a man's trial counsel was ineffective.
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Court rules on agency record appeals

January 30, 2009
Jennifer Nelson
In two separate opinions, the Indiana Court of Appeals tackled the issue of timely and complete filing of an agency record.
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COA: Mother not liable for death as gun buyer

January 30, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in a negligence claim in favor of a woman whose husband killed her daughter with a gun she purchased for him, finding the designated evidence doesn't show proximate cause.
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Order restricts guns, alcohol in judge's home

January 30, 2009
Jennifer Nelson
Special Judge Walter Chapala issued an order this week requiring all firearms be removed from the home of a LaPorte Superior judge who was shot last month in her home.
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Opinion invites high court to reconsider decision

January 29, 2009
Jennifer Nelson
The Indiana Court of Appeals invited the Indiana Supreme Court to revisit its ruling that held only children born alive fall under Indiana's Child Wrongful Death Statute. In a decision today, the majority of the appellate court panel felt bound by the high court's previous ruling.
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COA clarifies unemployment benefits issue

January 29, 2009
Jennifer Nelson
The Indiana Court of Appeals used a case before it as an opportunity to clarify how an employee's eligibility for unemployment benefits should be determined when the employee is discharged for attendance issues.
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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. 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

  5. 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?

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