Courts

Supreme Court upholds denial of continuance

October 27, 2009
Jennifer Nelson
The majority of justices on the Indiana Supreme Court agreed that the trial court didn't abuse its discretion in denying a married couple's pro se motion to continue after their attorney withdrew six weeks before trial. The dissenting justice argued because of the complexities of the case, the trial court should have granted the couple's motion.
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COA: Plaintiff class in FSSA suit too broad

October 27, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of certification of a proposed class suing the Family and Social Services Administration because plaintiffs believed the modernized public benefits program system has a disparate impact on people with disabilities. Even though the contract with the company providing the system was terminated earlier this month, the parties don't claim this action alters their appeal.
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Appellate court travels to Vincennes

October 27, 2009
IL Staff
The Indiana Court of Appeals will hear arguments at Vincennes University Thursday in a case that seeks to determine who is responsible to pay costs and expenses related to environmental contamination.
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Supreme Court grants transfer to OWI case

October 26, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer Oct. 22 to a case involving a conviction of operating a motor vehicle while intoxicated.
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Court history symposium Nov. 6

October 26, 2009
IL Staff
The second annual CLE forum "Court History Symposium: Court History and History in the Making" will feature Elizabeth Monroe, who will discuss federal territorial materials and what they reveal about the early practice of law in Indiana; Indiana Supreme Court Chief Justice Randall T. Shepard; and a judicial roundtable of judges from the Southern District.
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Student loan repayment program resumes

October 26, 2009
IL Staff
A suspended program that helps attorneys working with civil legal aid organizations repay their student loans has been reinstated thanks to the Indiana Supreme Court.
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'Prison mailbox rule' applies to direct appeals

October 23, 2009
Jennifer Nelson
The "prison mailbox rule," which the Indiana Court of Appeals had previously determined applies in post-conviction proceedings, also is applicable in direct appeals, the appellate court decided today.
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COA to hear arguments at school

October 23, 2009
IL Staff
The Indiana Court of Appeals travels to Oxford Tuesday to hear arguments in a drug case.
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Court erred in judgment, sanctions order

October 22, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals overturned summary judgment in favor of a company on a former employee's suit for disability discrimination, finding there is a genuine issue as to whether the company regarded the employee as disabled when it fired him.
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St. Joseph Bar evaluates judges

October 22, 2009
IL Staff
The St. Joseph County Bar Association has released the results of its 2009 survey evaluating Superior Court judges. This is the second time the bar association has completed and published this survey.
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COA reverses dismissal of drug charges

October 21, 2009
Jennifer Nelson
A trial court erred when it sua sponte decided to exclude evidence from a warrantless search of a defendant's car and dismiss the drug charges against him as a result of that search, the Indiana Court of Appeals ruled today.
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COA: Destroyed tape doesn't make record silent

October 20, 2009
Jennifer Nelson
The premature destruction of a tape of a guilty plea hearing by court staff doesn't render the record silent for purposes of Boykin, the Indiana Court of Appeals ruled Monday.
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SCOTUS remands Indiana death penalty case

October 20, 2009
Michael Hoskins
The 7th Circuit Court of Appeals was wrong in disposing of an Indiana man's death penalty challenges without any explanation, and should have allowed a Northern District of Indiana judge to consider those unresolved claims, the nation's highest court ruled today.
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Hearing officer named in discipline case

October 20, 2009
IL Staff
The Indiana Supreme Court has appointed Shelby Circuit Judge Charles O'Connor as the hearing officer in the disciplinary matter against Marion County Prosecutor Carl Brizzi.
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Writ removes special prosecutor

October 20, 2009
Jennifer Nelson
The Indiana Supreme Court has ordered Delaware Circuit Court to vacate its order appointing J.A. Cummins as special prosecuting attorney and appoint someone else to serve in that capacity.
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Attorneys ask justices to consider voter ID case

October 19, 2009
Michael Hoskins
In an expected move, the Indiana Attorney General's Office has asked the state Supreme Court to consider whether the 4-year-old voter identification law is constitutional.
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Court: Conference constitutes 'congestion'

October 19, 2009
Michael Hoskins
A Marion Superior judge didn't err by continuing a jury trial because a mandatory judicial conference resulted in too few judges and magistrates being available, the Indiana Supreme Court has reiterated in an order.
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Efforts to aid those facing foreclosure continue

October 19, 2009
Rebecca Berfanger
More than 1,000 Indiana attorneys, judges, and mediators have attended CLE trainings since June about mortgage foreclosures.
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Mortgage CLE numbers announced Monday

October 16, 2009
Rebecca Berfanger
Representatives from the Indiana Supreme Court will be in Evansville Monday to release the number of judges, attorneys, and mediators who were trained this summer and fall to represent borrowers and handle settlement conferences.
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Farming dispute creates first impression issue

October 16, 2009
Michael Hoskins
In a ruling from the Indiana Supreme Court on an issue of first impression, two of the state's five justices fear a new holding will have far-reaching impact not only on the forfeiture cases at issue, but also mortgage foreclosure cases impacting the commercial and industrial real estate world.
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Court grants transfer in foreclosure case

October 16, 2009
IL Staff
The Indiana Supreme Court will consider a mortgage foreclosure case involving whether one of the parties was entitled to a foreclosure decree for equitable real estate liens on an Indianapolis property.
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COA to visit ISU for arguments

October 15, 2009
IL Staff
The Indiana Court of Appeals travels to Terre Haute Oct. 19 to hear arguments in an interlocutory appeal of a drug case in which the defendant claims the trial court abused its discretion in denying her motion to suppress.
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Commission on Courts ponders money issues

October 15, 2009
Michael Hoskins
Money matters took up the most time for an interim legislative committee this morning, as members considered issues delving into the balance between fiscal responsibility and judicial efficiency.
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Supreme Court considers MySpace statement

October 15, 2009
Rebecca Berfanger
he Indiana Supreme Court today issued an opinion that affirmed a Kosciusko Circuit jury's conviction of a man who murdered his girlfriend's 2-year-old daughter and the resulting sentence of life in prison without parole. The opinion also considered the defendant's novel question: whether statements from his social networking Web site, which were presented to the jury as evidence of his character, were admissible in court.
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7th Circuit warns attorneys about compliance

October 14, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals chastised the U.S. Attorney's Office in Indiana's Northern District to "get its act together" to comply strictly with a statute that imposes a mandatory life sentence for a defendant convicted of a drug offense with two prior drug convictions.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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