Courts

Magistrate denies any pre-bench wrongdoing

January 9, 2009
Michael Hoskins
A newly appointed federal magistrate in Indianapolis denies any misconduct or knowledge of wrongdoing that a judge says happened during a clean air trial last spring prior to her taking the bench.
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Court: Driver didn't prove discrimination

January 9, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a truck driver's former company in the driver's suit against it for discrimination, finding he failed to present a genuine issue of material fact in his Americans with Disabilities Act claims.
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Transfer granted in insurance dispute

January 9, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer to an insurance coverage dispute case that has already been before the high court twice, and the chief justice didn't vote on whether to grant transfer to a case involving local government reform.
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'Rocket docket' now set for juvenile appeals

January 8, 2009
Michael Hoskins
New rules from the Indiana Supreme Court this week officially create an expedited "rocket docket" for certain juvenile cases going through the appellate system.
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Court certifies exotic dancer suit as class action

January 8, 2009
Jennifer Nelson
Anyone who danced in the past three years at one Indianapolis strip club embroiled in a lawsuit over minimum wage may be able to collect on unpaid wages, ruled a District Court judge Wednesday.
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Justices asked to accept judicial review case

January 7, 2009
Michael Hoskins
A national business group and several state associations want the Indiana Supreme Court to take a case that could impact judicial review of state administrative agency rules, particularly those that may be outside an agency's authority to address.
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Reception honors retiring Fulton Circuit judge

January 7, 2009
IL Staff
The public is invited to attend a reception honoring Fulton Circuit Judge Douglas B. Morton as he retires from the bench.
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High court to hear insurance, dissolution cases

January 7, 2009
Jennifer MehalikMore

COA to webcast more arguments

January 6, 2009
IL Staff
The Indiana Court of Appeals has announced plans to webcast most oral arguments in the Court of Appeals courtroom in the Statehouse.
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Justices: judicial discipline now moot

January 6, 2009
Michael Hoskins
The Indiana Supreme Court has ended a disciplinary action against a former LaPorte Superior judge who'd served in senior capacity for three years because that jurist has retired and will no longer practice law.
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Court rules in transgender discrimination case

January 6, 2009
Jennifer Mehalik
A District Court judge today granted summary judgment in favor of a convenience store company that was being sued by a transgender employee for sex discrimination after she was fired.
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Sexual misconduct may not be abusive

January 5, 2009
Jennifer Mehalik
The 7th Circuit Court of Appeals vacated today a man's sentence following a guilty plea on a child pornography charge because it was unsure whether his previous conviction in Indiana for sexual misconduct with a minor should be considered abusive and allow for his minimum sentence to be increased.
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Justices split in traffic-stop decision

January 5, 2009
Jennifer Mehalik
The Indiana Supreme Court justices were split in their decision issued Dec. 31 on whether a defendant's state and federal constitutional rights were violated when police questioned him about weapons and drugs after he was pulled over for a traffic violation.
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COA reverses assisting criminal conviction

January 5, 2009
Jennifer Mehalik
The Indiana Court of Appeals reversed a woman's conviction of misdemeanor assisting a criminal Jan. 2 because the state failed to define "fugitive from justice" and prove the criminal was charged with an offense in another state and fled to Indiana.
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Justices consider 'costs' in UPL action

January 1, 2009
Michael Hoskins
The Indiana State Bar Association wants the state's highest court to define the term "costs and expenses" as it's never done before, and in doing so order a company being prosecuted for the Unauthorized Practice of Law to have to pay those fees and disgorge any profits it shouldn't have made in the first place.Hearing arguments today in State of Indiana, Ex. Rel. Indiana State Bar Association v. United Financial Systems Corp., No. 84S00-0810-MS-551, justices considered an issue of first...
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State wants detailed audit of corruption money

January 1, 2009
Michael HoskinsMore

Judges need more details on reduction denial

January 1, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals is sending the denial of a defendant's motion for a sentence reduction back to the District Court because the Circuit Court needs more than the one-sentence explanation given by the lower court. U.S. District Court Judge Larry J. McKinney of the Southern District of Indiana, Indianapolis Division, denied Kelvin Marion's motion to reduce his sentence under Section 3582(c)(2) on a form order that simply said "As directed by 18 U.S.C. § 3581(c)(2) the Court...
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UPDATE: Hamilton vote set for Thursday

January 1, 2009
Michael Hoskins
The full U.S. Senate will hold a roll call vote at 2:30 p.m. Thursday on an Indianapolis judge's controversial nomination, deciding whether U.S. Judge David F. Hamilton will move up to the 7th Circuit Court of Appeals.Eight months after President Barack Obama chose him, and five months after getting through the Senate Judiciary Committee on a partisan vote, Judge Hamilton will learn whether he'll be elevated to the appellate bench from the Southern District of Indiana, Indianapolis Division, where he currently...
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Senate Judiciary sets nomination hearing

January 1, 2009
Michael Hoskins
The U.S. Senate Judiciary Committee next week plans to consider an Indianapolis federal judge's nomination for the 7th Circuit Court of Appeals in Chicago.A hearing on U.S. District Judge David F. Hamilton's nomination for the appellate seat is set for 2:30 p.m. April 1 in Washington, D.C., according to an agenda posted online today. The hearing will be webcast live. An assistant attorney general nominee for the Department of Justice is also scheduled to be considered at that hearing.President Barack Obama nominated...
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DCS sued for cuts to adoption, foster care rates

January 1, 2009
Jennifer Nelson
Add foster and adoptive parents to the list of people unhappy with the Indiana Department of Child Services for making rate cuts in 2010. Some of those parents filed a class action suit Tuesday in federal court against DCS director James W. Payne in hopes of preventing the cuts. The foster and adoptive parents are unhappy about a 10 percent cut in all current foster care rates and adoption payments beginning January 2010. The parents received a letter from DCS...
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High court seeks comment on rule changes

January 1, 2009
IL Staff
The Indiana Supreme Court is seeking comment on potential changes to the Indiana Professional Conduct Rules, Rules of Appellate Procedure, and Trial Rules. The court's Committee on Rules of Practice and Procedure is considering recommending to the high court changes to Professional Conduct Rules 7.2, 7.3, 7.4, and 7.5, which deal with lawyer advertising, recommendations or solicitations of professional employment, and communication of specialty practice; Rules of Appellate Procedure 14, 18, 39, 41, 46, 49, and 50, which include interlocutory...
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Professor testifies about recusal

January 1, 2009
IL Staff
A professor at Indiana University Maurer School of Law in Bloomington was in Washington, D.C., Thursday to testify before the House Judiciary Committee's Subcommitee on Courts and Competition.Professor and judicial ethics expert Charles G. Geyh told the committee that the U.S. Supreme Court's decision in Caperton v. A.T. Massey serves as a wake-up call to state and federal courts to begin taking judicial disqualifications more seriously. Geyh gave a general outlook on judicial disqualification, noting the challenges in having sitting...
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Jefferson courts relocate, salvage documents

January 1, 2009
Jennifer Nelson
The Jefferson Superior and Circuit courts have relocated in Madison and are working to get their offices up and running to handle emergency matters. The courts were forced out of the Jefferson County Courthouse after a fire May 20. Circuit Court has moved to the Venture Out business center at 875 Industrial Dr. on the hill in Madison. Circuit Judge Ted Todd said the court is still trying to set up and is using folding tables and chairs until they can...
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Indiana Northern District judge dies

January 1, 2009
Michael Hoskins
U.S. District Judge Allen Sharp in the Northern District of Indiana died at his home Friday, ending more than 30 years on the federal bench. He was 77. A notice of his death was posted on the Northern District of Indiana's Web site Friday. Appointed to the federal bench Oct. 11, 1973, by President Richard Nixon, Judge Sharp took the bench that following month and served until taking senior status in November 2007. He was the fourth longest-serving active District judge in...
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COA: 'Serious deficiency' in treating mentally ill

January 1, 2009
Jennifer Nelson
A panel of the Indiana Court of Appeals used an opinion today to highlight what it considered a "serious deficiency" in the statutes for the treatment of developmentally disabled and mentally ill people in the state's criminal courts. "Simply said, the Indiana statutory framework allows courts to recognize the mental illness of a criminal defendant only in terms of guilt for the crime alleged, rather than as a condition that prevents the defendant's ability to form a punishable intention to...
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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