Courts

Justices dismiss public school funding case

June 2, 2009
Michael Hoskins
Even if Indiana's public school system falls short of where it should be in providing quality education, courts aren't constitutionally able to set standards or establish a financing formula because that's a task falling solely to the General Assembly.
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Judge orders shutdowns of plant units

June 1, 2009
Michael Hoskins
A federal judge in Indianapolis has ordered the shutdown of three units at a Terre Haute coal-fired power plant because of clean air violations committed almost two decades ago.
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COA: Police didn't need to search car after stop

June 1, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a man's unlawful possession of a firearm by a serious violent felon conviction, ruling the warrantless search of the car the man was driving violated his federal and state constitutional rights.
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Comment sought on late fee rule change

June 1, 2009
IL Staff
Comments are being accepted regarding a proposed rule change that would allow Marion Superior and Circuit Courts to impose a $25 late payment fee for failing to pay costs, fines, or civil penalties.
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Justices: License plates can't be in rear windows

May 29, 2009
Michael Hoskins
Justice Robert Rucker says his four Indiana Supreme Court colleagues have issued a ruling that transforms millions of law-abiding residents into traffic offenders.
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Transfer granted to out-of-state warrant case

May 29, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer Thursday in a case involving an arrest in Indiana with an invalid Alabama warrant.
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COA rules insurer has no duty to defend

May 29, 2009
Jennifer NelsonMore

COA upholds dismissal of election challenges

May 28, 2009
Jennifer Nelson
Today Indiana's appellate courts are dealing with two mayoral election disputes, with the Court of Appeals ruling on one in Muncie and the Supreme Court hearing arguments in another from Terre Haute.
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Justices split on discounted medical expenses

May 28, 2009
Michael Hoskins
In a ruling about whether insurance discounts can be used to determine reasonable medical expenses, two Indiana Supreme Court justices say their colleagues have created a new rule that is "incomplete, misleading, and unfair" and will add "layers of complexity, time, and expense to personal injury litigation, impairing the efficient administration of justice."
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Minister sues Christian bookstore

May 27, 2009
Jennifer Nelson
A Northwestern Indiana minister has filed a lawsuit against a Christian bookstore claiming racial discrimination when he was told to leave the store and that he would be arrested if he ever returned.
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Death penalty, election arguments Thursday

May 27, 2009
Jennifer Nelson
The Indiana Supreme Court will hear arguments Thursday in a death penalty case, a dispute whether the elected mayor of Terre Haute was eligible to run for office, and whether an order for a mother's voluntary termination of parental rights should have been set aside.
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Judge to decide fate of Sidewalk 6 defendants

May 26, 2009
Michael Hoskins
The Indiana Attorney General personally attended a civil racketeering court hearing this morning in Hammond, a rare in-person appearance that comes in the civil case against a former East Chicago mayor and a top aide.
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Transfer granted to probation search case

May 22, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer Thursday to a motion to suppress case involving a search by a probation officer.
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Jefferson courts granted emergency relief

May 22, 2009
Jennifer Nelson
The Indiana Supreme Court granted emergency relief Thursday to Jefferson County courts pursuant to Administrative Rule 17. Jefferson County trial courts and clerk filed the petition with the high court following a fire that severely damaged the courthouse in Madison.
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Arrest upheld after seatbelt stop

May 22, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a defendant's motion to suppress evidence following a traffic stop for a seatbelt violation, finding the police officer's inquiry regarding an object in the man's pants didn't violate his constitutional rights or the Seatbelt Enforcement Act.
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Judges differ in ruling application in set-off case

May 21, 2009
Jennifer NelsonMore

Fire closes courts at historic courthouse

May 21, 2009
Jennifer Nelson
A fire heavily damaged historic Jefferson County Courthouse Wednesday evening. Remodeling and restoration to the courthouse and cupola were completed yesterday and bunting made by women in the Indiana Department of Correction was scheduled to be hung Friday.
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COA: Church not a 'youth program center'

May 21, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a man's Class A felony conviction of possession of cocaine, finding he wasn't within 1,000 feet of a "youth program center" because the building is a church running mostly faith-based programs. It's an issue of first impression for Indiana courts.
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Sidewalk 6 trial off; judge to decide penalty

May 21, 2009
Michael Hoskins
Less than a week before a state civil racketeering trial was set to begin, a former East Chicago mayor and one of his closest aides have waived their right to defend themselves before a jury in court.
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Judges disagree on statute's constitutionality

May 20, 2009
Jennifer Nelson
In an issue with great relevance given today's advances in technology and social networking, the Indiana Court of Appeals concluded someone who uses a computer to download an electronic image and save it on a CD doesn't "create" a digitalized image under the child-exploitation statute.
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Cinergy trial ends with split verdict

May 20, 2009
Michael Hoskins
A federal jury returned a verdict that a major energy company violated clean-air rules at a coal-fired power plant along the Ohio River in southeast Indiana.
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Advisory sentence not sentencing starting point

May 20, 2009
Jennifer Nelson
A man appealing his 15-year sentence for rape made a "novel" argument in his brief: the trial court should have started its calculation of his sentence using the advisory sentence of 10 years instead of using the midpoint of 13 years.
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Justices rule on Web IP issue

May 19, 2009
Jennifer Nelson
In a suit between a company and the marketing firm that created and hosted its Web site, the Indiana Supreme Court determined the Uniform Commercial Code doesn't apply and the marketing firm may collect for its work under principles of common law contract.
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Worker's entire service decides FMLA eligibility

May 19, 2009
Jennifer Nelson
In an issue of first impression, the majority of Indiana Supreme Court justices ruled an employee filling multiple positions with the same employer is eligible for leave under the Family and Medical Leave Act if the employee's total service is sufficient to qualify, even if the service in either position alone doesn't qualify.
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Transfer granted to judicial review case

May 19, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer May 14 to a case involving the means for judicial review of final agency actions.
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  1. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  2. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  3. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

  4. I would like to discuss a commercial litigation case. If you handle such cases, respond for more details.

  5. Great analysis, Elizabeth. Thank you for demonstrating that abortion leads, in logic and acceptance of practice, directly to infanticide. Women of the world unite, you have only your offspring to lose!

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