Courts

Court hears arguments in confrontation case

October 9, 2008
Jennifer Nelson
The Indiana Supreme Court heard arguments today in a case that asks whether the defendant had the right to confront the lab technician who performed the DNA testing relevant to the case.
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Bird settles French Lick lawsuit

October 8, 2008
IBJ Staff
Larry Bird has settled a lawsuit against a bed-and-breakfast that operates from his boyhood home in the southern Indiana town of French Lick.
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Court amends public accessibility, other rules

October 8, 2008
Michael Hoskins
The Indiana Supreme Court has revised its administrative and appellate rules governing how trial courts make records publicly accessible and how appeals are handled in certain cases requiring confidentiality.
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Former commissioner testifies against judge

October 7, 2008
Michael Hoskins
A former Marion County commissioner took the stand against the judge she once worked for, hinting at a pattern of disorganization in his courtroom. However, she took most of the blame for an almost two-year delay in releasing a man who had been cleared of rape charges.
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COA: Insurance company can't deny coverage

October 7, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a trial court's decision that an insurance company was estopped from denying coverage to the suspected driver of a car because the company failed to properly preserve its right to deny the driver coverage.
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COA disagrees on reason to grant appeal

October 6, 2008
Jennifer Nelson
The Indiana Court of Appeals unanimously reversed the revocation of a man's probation but disagreed as to the manner in which the appellate court was authorized to do so.
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Disciplinary case ends for 1, continues for judge

October 6, 2008
Michael Hoskins
A Marion County commissioner has resolved the judicial disciplinary action against her, though a similar case against her supervising judge proceeded today with the start of a two-day hearing.
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COA uses opinion to clarify sentence claims

October 3, 2008
Jennifer Nelson
The Indiana Court of Appeals used a defendant's appeal today to clarify that inappropriate sentence claims and abuse of discretion claims are to be analyzed separately.
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Bar wants merit-based selection extended

October 2, 2008
IL Staff
The Lake County Bar Association will send a delegation to Friday's Commission on Courts meeting to endorse the adoption of legislation that would support merit-based selection of judges to the County Courts Division.
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COA: Collateral estoppel not applicable

October 2, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a motion to suppress evidence because the defendant couldn't prove collateral estoppel precluded the trial court from denying his motion.
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Agency sues DOC over mentally ill prisoners

October 2, 2008
Michael Hoskins
A state agency created in response to a federal mandate is suing the Indiana Department of Correction for what it claims is poor treatment of mentally ill prisoners.
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Northern District amends magistrate local rule

October 1, 2008
IL Staff
The United States District Court for the Northern District of Indiana has amended its Local Rule 72.1 - Authority of United States Magistrate Judges.
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Transfer granted in write-offs case

October 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer yesterday to a case of first impression involving write-offs and insurance benefits.
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Forfeiture of money to FBI allowed

October 1, 2008
Jennifer Nelson
A man whose $12,000 was seized following an arrest after a traffic stop wasn't entitled to get his money back from the FBI because the organization properly followed the rules, and even went above typical forfeiture proceedings in an attempt to inform the man of the seized money.
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After exoneration

October 1, 2008
Michael Hoskins
Wrongfully convicted Hoosier settles federal suit for $4.5 million.
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System delivers injustice

October 1, 2008
Michael Hoskins
Exonerated face new, old legal hurdles after release.
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Amendment trumps high court ruling

September 30, 2008
Jennifer Nelson
Addressing the issue for the first time since the legislature amended the state's Workers' Compensation Act in 2006, the Indiana Court of Appeals ruled today the amendment overrules an earlier Indiana Supreme Court decision that placed the burden of proof on employers in cases involving "neutral risk" incidents.
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Judges disagree on attorney fee provision

September 30, 2008
Michael Hoskins
A legal battle that was once about Indiana's requirements to obtain a driver's license or state identification turned into a tug-of-war appeal about attorney fees.
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Transfer granted to school financing case

September 29, 2008
IL Staff
The Indiana Supreme Court granted transfer last week to a case of first impression involving the courts' authority to review the state's school financing formula.
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Evidence failed to support ending parental rights

September 29, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court's ruling to involuntarily terminate a mother's parental rights to her young twins, finding the court issued deficient termination orders and lacked clear and convincing evidence to terminate the parental rights.
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Judge allows transgender suit to proceed

September 26, 2008
Michael Hoskins
A transgender former high school student who was barred from his senior prom in Gary because he was wearing a pink dress for the occasion will have his day in court.
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Director elected VP of court administrators group

September 26, 2008
IL Staff
Lila Judson, executive director of the Indiana Supreme Court Division of State Court Administration, has been elected to serve as the vice president of the national Conference of State Court Administrators for the 2008-09 term.
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LLCs must have attorneys in federal court

September 26, 2008
Jennifer Nelson
Owners of limited liability companies must be represented by an attorney to appeal a decision in federal court, ruled the 7th Circuit Court of Appeals today.
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Federal death penalty trial still possible

September 25, 2008
Michael Hoskins
The first-ever federal death penalty trial in the Southern District of Indiana may still happen, even though the defendant has signed a plea agreement in connection with a violent killing spree almost three years ago.
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President signs new Federal Rule of Evidence

September 25, 2008
IL Staff
The Federal Rules of Evidence have been amended in hopes of lessening the skyrocketing costs of discovery.
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  1. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  2. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  3. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

  4. If justice is not found in a court room, it's time to clean house!!! Even judges are accountable to a higher Judge!!!

  5. The small claims system, based on my recent and current usage of it, is not exactly a shining example of justice prevailing. The system appears slow and clunky and people involved seem uninterested in actually serving justice within a reasonable time frame. Any improvement in accountability and performance would gain a vote from me. Speaking of voting, what do the people know about judges and justice from the bench perspective. I think they have a tendency to "vote" for judges based on party affiliation or name coolness factor (like Stoner, for example!). I don't know what to do in my current situation other than grin and bear it, but my case is an example of things working neither smoothly, effectively nor expeditiously. After this experience I'd pay more to have the higher courts hear the case -- if I had the money. Oh the conundrum.

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