Courts

Marion Superior judges on the move

July 20, 2007
Michael Hoskins
The Marion County Executive Committee is moving a criminal court judge to the civil side to replace Judge Cale Bradford, who's joining the Indiana Court of Appeals in August.
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Woman sues Crown Point defense attorney over fees

July 18, 2007
Michael Hoskins
Court battles aren't yet over for a Schererville woman sentenced to 27 months in federal prison after pleading guilty in May to facilitating prostitution and money laundering.
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7th Circuit issues U.S. Grand Prix rulingRestricted Content

May 25, 2007
Michael Hoskins
Race fans have a reason to watch the 7th Circuit Court of Appeals today.
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7th Circuit rules on police chase violationsRestricted Content

May 21, 2007
Jennifer Nelson
Police chases do not violate the Fourth and 14th Amendments when the officers involved do not intentionally and forcibly halt the fleeing subject, according to a ruling today by the 7th Circuit Court of Appeals.
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ACLU wants SCOTUS to hear Indiana voter ID case

May 17, 2007
Michael Hoskins
The Supreme Court of the United States is now being asked to weigh in on Indiana's two-year-old voter identification law.
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3 names for the governor

May 11, 2007
Michael Hoskins
It's now up to Gov. Mitch Daniels to decide who will be the next Indiana Court of Appeals judge.
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'Rotunda filing' to change with Statehouse security

May 10, 2007
Michael Hoskins
Those needing to make after-hour filings for Indiana's two highest appellate courts will have to alter their routine as soon as June 1.
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ACLU files federal suit against corrections center

April 27, 2007
Michael Hoskins
The American Civil Liberties Union of Indiana filed a federal lawsuit this week against the Marion County Community Corrections Center in Indianapolis, alleging the facility's conditions violate the Constitution and threaten health and safety of inmates.
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7th Circuit shoots down Homeland Security decisionRestricted Content

April 11, 2007
Michael Hoskins
he Department of Homeland Security wrongly second-guessed the federal labor department in denying an application by a mental health residential care group - Hoosier Care Inc. - asking for labor certification and immigrant visas for two Filipinos, the 7th Circuit Court of Appeals ruled today.
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AG argues automated dialing statute in 7th Circuit

April 3, 2007
Michael HoskinsMore

7th Circuit rules in favor of Locke ReynoldsRestricted Content

March 15, 2007
Indianapolis law firm Locke Reynolds has won an appeal in a case with a former paralegal who sued over allegations that she was fired because of her race.
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7th Circuit: Google v. Wikipedia citationsRestricted Content

February 1, 2007
Michael Hoskins
Judges and appellate attorneys should feel free to include Google satellite photos in cases to the 7th Circuit Court of Appeals in Chicago.
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COA rules on home improvement fraud

January 1, 2007
Jennifer Nelson
When two parties knowingly enter into a contract for home improvements that will not be done, the contractor cannot be charged with home improvement fraud under Indiana Code 35-43-6-12(a)(4), the Court of Appeals ruled today. In Lawrence Golladay v. State of Indiana, 08A02-0701-CR-93, the court reversed Golladay's conviction for home improvement fraud under subsection (4)(a), which states, "A home improvement supplier who enters into a home improvement contract and knowingly: uses or employs any deception, false pretense, or false promise to...
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Judge: Wine shipping law unconstitutional

January 1, 2007
Michael Hoskins
Indiana's law prohibiting out-of-state wineries from shipping to Hoosier customers without face-to-face contact is unconstitutional, a federal judge in Indianapolis has ruled.U.S. District Judge John D. Tinder issued a 71-page decision http://www.insd.uscourts.gov/News/Baude.pdf, and a separate four-page judgment http://www.insd.uscourts.gov/News/BaudeJudgment.pdf and injunction late Wednesday in Patrick L. Baude et al. v. David L. Heath and Wine and Sprits Wholesalers of Indiana, No. 1:05-cv-0735-JDT-TAB.At issue in this case was whether state statute involving direct wine shipment violated the out-of-state wineries rights by barring them...
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Evansville attorney suspended from practice of law

January 1, 2007
Rebecca Berfanger
The Indiana Supreme Court Monday suspended Evansville attorney Bradley Happe from the practice of law, effective immediately until further order of the court. Happe was arrested in March, accused of having a meth lab in his law office and apartment.Indiana Lawyer reported in its May 2 issue that on April 26, the Disciplinary Commission asked the Supreme Court to issue an order of interim suspension because two-thirds of the commission voted that Happe may pose a threat to his clients, and...
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Marion judges choose court administrator

January 1, 2007
Michael Hoskins
An Indianapolis law firm partner who has led three state agencies is the new administrator for Marion County courts. On Monday, the four-judge executive committee chose Glenn R. Lawrence to fill the position, which has been vacant since the former administrator Ron Miller resigned in late March. Since then, Senior Judge Richard Good has been filling in as interim administrator.The committee offered Lawrence the $93,500-salary job Monday afternoon, according to presiding Superior Judge Gerald Zore. Judges had received about 20 applications...
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Former Allen County judge dies

January 1, 2007
Michael Hoskins
Allen County has lost a former judge who served with distinction in the military's legal arm in the 1950s and returned to serve the county's legal community for four decades as an attorney and jurist.Senior Allen Superior Judge Vern E. Sheldon, who retired in 1998 after more than a decade on the bench, died in his home Sunday after a short illness. He was 77.Judge Sheldon was appointed to the bench in 1985 and elected in 1990, then re-elected without opposition...
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Justices will consider corporal punishment case

January 1, 2007
Michael Hoskins
The Indiana Supreme Court will take up the issue of a mother's authority to discipline her child by applying corporal punishment, paving the way for justices to analyze the legal line between parental control and child battery.Justices granted transfer Wednesday in Sophia Willis v. State of Indiana, No. 49A02-06110-CR-982, which the Indiana Court of Appeals had decided May 17. Appellate judges affirmed the Marion Superior Court judgment finding sufficient evidence to convict Willis, mother of an 11-year-old, of misdemeanor child battery...
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Justices grant two transfers

January 1, 2007
Michael Hoskins
The Indiana Supreme Court has decided to consider whether trial courts can order restitution without determining a defendant's ability to pay, and an annexation case involving land in Boone County.Justices granted transfer this week in Brenwick Associates LLC, First Industrial Acquisitions Inc., and Town of Whitestown, Indiana v. Boone County Redevelopment Commission and the Board of Commissioners of Boone County, Indiana, No. 06A04-0611-CV-682; and Jeffrey Pearson v. State of Indiana, No. 45A03-0610-CR-507.In Brenwick, the court will get involved in a land dispute involving...
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Legal services keeps funding in Hammond

January 1, 2007
Elizabeth Brockett
The city of Hammond will continue to give $20,000 to the local office of Indiana Legal Services Inc. after city officials initially recommended the council cut the funding entirely.The city council voted 5-4 Monday to distribute funds from a federal Community Development Block Grant. The ILS office has received $20,000 for several years from the disbursement; however, the city received less CDBG money than in previous years and reduced funding for several agencies.Richard P. Komyatte, an attorney who practices in Highland...
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Court rules on Merit Board election

January 1, 2007
Jennifer Nelson
The Court of Appeals ruled today that John Buncich can retain his elected position on the Lake County Sheriff's Merit Board. In Lake County Sheriff's Merit Board v. John Buncich, et al., the court affirmed the trial court's decision in favor of Buncich's complaint for declaratory judgment and preliminary injunction, and in the alternative a temporary restraining order to prevent a new election. Buncich ran for a vacant position on Lake County Sheriff's Merit Board in June 2006 and received 83...
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Court criticizes appellate attorney for not citing material

January 1, 2007
Michael Hoskins
The Indiana Court of Appeals has affirmed a lower court's decision that a man convicted of felony forgery must submit a DNA sample.But that's only part of today's seven-page decision in James Keeney v. State of Indiana, No. 21A01-0611-CR-495, which goes on to admonish an appellate attorney who filed a brief with uncited material.In this case, Keeney challenged last year Fayette Circuit Judge Daniel Pflum's order, which said Keeney needed to submit a DNA sample after pleading guilty to forgery and...
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Indiana Black Expo offers look at legal world

January 1, 2007
Michael Hoskins
Visitors to the Indiana Black Expo this weekend will have a chance to see how being a lawyer is cool.Aside from games, giveaways, and the usual expo events, mock trials will be part of the Indianapolis Bar Association's booth during the final weekend of this year's expo, which is Friday through Sunday.For two hours each afternoon, teens from Reach for Youth's Teen Court program will conduct the mock trials, serving as judge, jury, attorneys, and the accused. Audience participation will also...
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International law lecture Monday

January 1, 2007
IL Staff
"Poodles and Bulldogs: the U.S., Britain and the International Rule of Law" is a public lecture by Philippe Sands, Indiana University School of Law - Bloomington's 2007 Addison C. Harris Lecturer, to be presented in the Moot Court Room at noon Sept. 24. A reception will follow.Sands is professor of law at University College London. A practicing barrister, Sands has extensive experience litigating cases before the International Court of Justice, the International Tribunal for the Law of the Sea, the International...
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Committed defendant can be charged

January 1, 2007
Jennifer Nelson
The Indiana Court of Appeals reversed and remanded a pre-trial motion to dismiss a pending felony criminal recklessness charge against a defendant, ruling the length of time incompetent defendants are committed to a mental health institution does not allow for dismissal of charges. In State of Indiana v. Charlene Davis, 49A02-0706-CR-545, the state argued the trial court did not have the legal authority to dismiss a Class D felony criminal recklessness charge against Davis. Davis was found to be incompetent to stand...
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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