Courts

Appellate court openings spark discussion about experience

July 7, 2010
Michael Hoskins
Whether someone has worn a black robe before joining an appellate court is a discussion that often surfaces whenever one of those judiciary posts opens in either the state or federal system.
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High court opening process wasn't public 25 years ago

July 2, 2010
Michael Hoskins
The nearly three-dozen attorneys who’ve applied to become the state’s newest justice sets a record for the past 25 years, but it falls short of the number who’d applied for an Indiana Supreme Court post a quarter century ago.
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District judge asks court to answer certified question

July 2, 2010
Jennifer Nelson
The U.S. District Court in the Southern District of Indiana is asking the state’s Supreme Court to accept a certified question in litigation involving the Indiana Products Liability Act.
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Police entry violated man's constitutional rights

July 1, 2010
Jennifer Nelson
The entry by police into a man’s apartment based on uncorroborated information from an anonymous source violated the man’s federal and state constitutional rights, the Indiana Supreme Court ruled Wednesday. Because of this, the drugs found in the man’s apartment must be suppressed.
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1-year limit toll not extended by appeal

July 1, 2010
Jennifer Nelson
The one-year limit to file a motion for relief from judgment under Indiana Trial Rule 60(B) is not from the time an appeals court rules on the matter, but must be made within one year after the trial court enters its order, the Indiana Court of Appeals ruled today in an issue of first impression.
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COA finds fundamental error in juvenile case, again

June 30, 2010
Jennifer Nelson
In a case identical to one it ruled on earlier this year, the Indiana Court of Appeals found the state violated a juvenile’s right to counsel at her detention hearing.
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Booking card exception to hearsay rule

June 30, 2010
Jennifer Nelson
A booking card created by law enforcement in the course of a ministerial, nonevaluative booking process is not subject to the police reports exclusion under Indiana Evidence Rule 803(8), the Indiana Court of Appeals decided today.
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Justices address economic loss rule in 2 opinions

June 30, 2010
Jennifer Nelson
In two separate rulings involving the “economic loss rule,” the Indiana Supreme Court ruled against a library seeking to hold subcontractors and an engineer responsible for negligence, and in favor of a bank in its tort claim against a title company.
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Water company not a political subdivision

June 29, 2010
Jennifer Nelson
The company that provides the water utility to the City of Indianapolis is not a political subdivision of the state, the Indiana Court of Appeals concluded today.
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COA balances free speech vs. minor's privacy rights

June 29, 2010
Jennifer Nelson
The Indiana Court of Appeals was faced with competing constitutional rights today: a mother’s right to free political speech versus her daughter’s right to privacy as to whether her father allegedly sexually abused her.
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Justices answer certified question

June 29, 2010
Jennifer Nelson
The Indiana Supreme Court Monday answered the certified question sent to them by the U.S. District Court in New York about what standard should be applied in determining whether a director is “disinterested” under Indiana Code Section 23-1-32-4(d).
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High court takes 4 cases

June 29, 2010
IL Staff
The Indiana Supreme Court granted four transfers June 24, including one in which the Indiana Court of Appeals extended the duty to prevent injury to sports participants to include sporting event volunteers.
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COA reverses judgment on 1 cross-claim in library appeal

June 28, 2010
Jennifer Nelson
The Indianapolis-Marion County Public Library should be able to pursue a cross-claim against an engineering company for breach of professional standard of care, the Indiana Court of Appeals ruled today.
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SCOTUS has historic day in ending session

June 28, 2010
Michael Hoskins
On a historic day for the Supreme Court of the United States, one justice stepped down after more than three decades as his successor began her confirmation hearings before the U.S. Senate Judiciary Committee.
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Partnership targets Indiana's corrections system

June 28, 2010
Elizabeth Brockett
To address Indiana’s growing prison population and increasing related costs, the state is partnering with The Pew Center on the States and the Council of State Governments Justice Center for the first comprehensive review of the state’s criminal code and sentencing policies since 1976.
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Judge Pratt sworn in as District Judge

June 28, 2010
The newest federal judge took the oath June 25.
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Justices order trial on reasonable force issue

June 28, 2010
Jennifer Nelson
A law enforcement officer’s use of force in excess of reasonable force authorized by statute isn't shielded from liability under the "enforcement of a law" immunity under Indiana Code Section 34-13-3-3(8), the Indiana Supreme Court held today.
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2 new judges on federal court make history

June 23, 2010
Michael Hoskins
History has been written within the state’s legal community, thanks to a pair of new federal judges who within days of each other joined the Southern District of Indiana.
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Robo-calls at issue in Indiana courts

June 23, 2010
Michael Hoskins
A line of litigation has been playing out in state and federal courts involving what is and isn't allowed under the Automatic Dialing Machines Statute.
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Eyeing new magistrate openings

June 23, 2010
Michael Hoskins
Within a year, the federal court system that covers the southern half of Indiana could have two new full-time magistrates, one being a newly created position that would be the first creation of its kind in almost three decades.
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Camm's attorneys seek special judge

June 23, 2010
Michael Hoskins
Defense attorneys for the former state trooper facing a third triple-murder trial want the Indiana Supreme Court to name a special judge because of what they say are delays from the current presiding judge.
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Court: refusal to identify law applies to passengers

June 22, 2010
Michael Hoskins
Although state law allows police to request identification from passengers inside a car that they’ve stopped, two Indianapolis officers shouldn’t have done arrested a man for refusing to identify himself when there was no reasonable suspicion he’d done anything wrong.
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Revised rule cuts time to request continuance

June 21, 2010
The U.S. Bankruptcy Court for the Northern District of Indiana revised Local Rule B-5071-1 on continuances.
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Checkpoint doesn't violate separation of powers

June 21, 2010
Jennifer Nelson
The use of sobriety checkpoints does not violate the separation of powers provision in the state’s constitution, the Indiana Court of Appeals ruled today.
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Magistrate judge applications due July 14

June 21, 2010
IL Staff
Anyone interested in becoming the newest magistrate judge for the U.S. District Court’s Southern District of Indiana has until July 14 to apply.
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  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

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  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

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