Courts

Transfer granted in utilities case

September 15, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer Sept. 11 to a case involving a contract for the sale of electricity to a steel manufacturer.
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COA affirms joint legal custody

September 12, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a dissolution court's decision to grant joint legal custody of two minor children to the parents, finding the lower court followed Indiana statute in granting the custody.
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U.S. Chief Justice visits Notre Dame

September 12, 2008
Jennifer Nelson
The chief justice of the U.S. Supreme Court visited students at the Notre Dame Law School this morning for a one-day appointment to the James J. Clynes Visiting Chair at the school.
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Candidates interviewed for St. Joseph judgeship

September 12, 2008
IL Staff
he St. Joseph Superior Court Judicial Nominating Committee interviewed 15 candidates today to fill a vacancy on St. Joseph Superior Court. The vacancy will be created when Judge William T. Means retires at the end of this month.
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Judge recipient of IU alumni award

September 12, 2008
IL Staff
Dearborn Superior Judge G. Michael Witte will receive the 2008 Indiana University Asian Alumni Association's Distinguished Asian Pacific American Alumni Award, which recognizes outstanding professional achievements and community service of Asian Pacific American Alumni of the school.
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Judge orders man to stay away from city offices

September 11, 2008
Jennifer Nelson
A man who had repeatedly threatened city employees is now barred from visiting South Bend governmental offices after a St. Joseph Circuit judge granted a workplace violence protective order and permanent injunction against the man.
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District judge's robing ceremony Friday

September 11, 2008
IL Staff
Hon. William T. Lawrence, the newest judge in the U.S. District Court for the Southern District of Indiana, will be formally sworn in tomorrow at the federal courthouse in Indianapolis.
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Case vacated over jurisdictional questions

September 10, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals remanded a case to an Indiana District Court to determine whether the plaintiffs in a suit have citizenship in Indiana or Arizona.
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Masters named in Allen County judge's case

September 9, 2008
Jennifer Nelson
The Indiana Supreme Court has appointed three judges to serve as masters in an Allen Superior judge's disciplinary misconduct action following an incident in another judge's courtroom.
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7th Circuit upholds jury award reductionRestricted Content

September 9, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a District Court's grant of a motion for judgment as a matter of law on a breach of contract claim, finding a previously granted jury award of damages was based on speculation.
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Supreme Court adopts new ethics rules

September 9, 2008
IL Staff
The Indiana Supreme Court is adopting a new Code of Judicial Conduct based on the 2007 national model of the American Bar Association. The rules will become effective Jan. 1, 2009.
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Commission OK to rule on territory dispute

September 8, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed an order by the Indiana Utility Regulatory Commission, finding the commission had the authority to hear a dispute between a town and a water company.
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Court not ready to create paralegal rule

September 8, 2008
Michael Hoskins
The Indiana Supreme Court has declined to create a rule on paralegal registration for the state, putting a kink in an effort that's been under way for years.
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Partners receive public reprimand for ads' use

September 5, 2008
Jennifer Nelson
Two partners in the Indianapolis law firm Benkie & Crawford received public reprimands from the Indiana Supreme Court Thursday for attorney misconduct in their advertisements for legal services.
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Judge clears way for $4.5 million settlement

September 5, 2008
Jennifer Nelson
A U.S. District magistrate judge granted a joint motion Sept. 2 to vacate a jury verdict in favor of a man wrongfully imprisoned for rape, allowing a settlement reached between the man and the city of Hammond to be approved.
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Court sponsors Lincoln lecture, free CLE

September 5, 2008
IL StaffMore

Supreme Court grants 2 transfers

September 5, 2008
Jennifer Nelson
The Indiana Supreme Court granted two transfers Sept. 4, including one involving whether a juvenile court can order probation after a juvenile is ordered to commitment in the Department of Correction.
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Fishers company loses Marilyn Monroe suit

September 4, 2008
Michael Hoskins
An intellectual property licensing firm in Fishers has lost a federal lawsuit involving iconic images of the late actress Marilyn Monroe and the right of publicity.
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Federal court names new chief probation officer

September 4, 2008
IL Staff
The United States District Court for the Southern District of Indiana has appointed - effective immediately - a new chief probation officer, who also is the first African-American to serve in that capacity in the district.
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COA: Mortgage lien holder has priority

September 3, 2008
Jennifer Nelson
The Indiana Court of Appeals determined today that two contractors with mechanic's liens did not have priority over the mortgage lien held by the bank in a foreclosure action, discussing a law in a ruling for only the second time since it was enacted in 1999.
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Convictions don't violate double jeopardy

September 3, 2008
Jennifer Nelson
The Indiana Supreme Court affirmed today a post-conviction court's denial of a defendant's petition for relief, finding his convictions of burglary and attempted armed robbery didn't violate Indiana's double jeopardy clause.
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Government can create fire protection district

September 2, 2008
Jennifer Nelson
A board of commissioners in a southern Indiana county had the authority under Indiana statute to pass an ordinance creating a county-wide fire protection district, the Indiana Court of Appeals ruled today.
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President nominates federal judge for 7th Circuit

August 29, 2008
Michael Hoskins
President George W. Bush has nominated U.S. District Judge Philip P. Simon to the 7th Circuit Court of Appeals in Chicago.
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Commission mulls retention, mandates

August 29, 2008
Michael Hoskins
A legislative study committee on courts delved into a variety of topics on Thursday afternoon, ranging from a new judicial retention Web site, judicial mandates, and the first new court request of the year.
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Court split on mother's battery conviction

August 29, 2008
Jennifer Nelson
In a split decision by the Indiana Court of Appeals, the majority upheld a mother's conviction of battery against her daughter, but one judge felt her conviction had to be overturned in light of a recent Indiana Supreme Court decision.
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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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