Courts

Court OKs access to Odyssey data

September 28, 2011
Michael Hoskins
In an order released Sept. 14, the Indiana Supreme Court detailed the process for obtaining bulk distribution of and remote access to the records of Indiana courts using the Odyssey case management system, which is gradually connecting all of Indiana’s trial courts.
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Township board OKs court move

September 28, 2011
IBJ Staff
The Center Township Board on Sept. 21 approved a plan to move the township’s small claims court from the downtown Indianapolis City-County Building to the Julia M. Carson Government Center despite a judge’s objection.
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Index shows poor voter engagement

September 28, 2011
Jenny Montgomery
On Sept. 14, results of the inaugural Civic Health Index were released to the public. The data shows that while Indiana is on-par with national standards in volunteerism, the state’s voter turnout and registration are among the lowest in the country.
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BLE will strike broad question, revise other

September 27, 2011
Michael Hoskins
The Indiana Supreme Court’s Board of Law Examiners is cutting one controversial question from its annual bar exam application and will revise another in order to comply with a federal judge’s recent ruling.
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Judges rule on issues stemming from cemetery case

September 26, 2011
Jennifer Nelson
The Indiana Court of Appeals ruled on matters involving alleged looting of cemetery funds in two cases Monday, upholding the denial of class certification in one case and adopting a “plain legal prejudice” standard in the other case.
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Justices take attorney fees case

September 26, 2011
IL Staff
The Indiana Supreme Court has granted transfer to a case involving the award of attorney fees to an Indiana town.
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COA: woman not denied right to confrontation

September 26, 2011
Jennifer Nelson
In a woman’s appeal of her prostitution conviction, the Indiana Court of Appeals addressed the right to confront witnesses and its interrelationship with hearsay evidence.
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Supreme Court amends state rules for courts, attorneys

September 23, 2011
Michael Hoskins
Multiple new rule changes will begin next year for the state’s court system, which were announced in a slew of Indiana Supreme Court orders released earlier in the week.
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COA reverses trial court's ruling in favor of attorney

September 23, 2011
Jenny Montgomery
The Indiana Court of Appeals has reversed a trial court’s grant of summary judgment in favor of an attorney who failed to monitor an estate checking account while serving as the estate’s counsel.
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GAL/CASA conference registration deadline Monday

September 23, 2011
IL Staff
Registrations for the 15th annual GAL/CASA statewide conference must by postmarked by Sept. 26. The event is from 9 a.m. to 5 p.m. Oct. 15 at the Indianapolis Marriott East, 7202 E. 21st St., Indianapolis.
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Elements of crimes did not occur in Indiana

September 22, 2011
Jennifer Nelson
The Indiana Court of Appeals ordered that charges be dropped against a pair living in Houston who faced counterfeiting and theft charges, finding the trial court lacked territorial jurisdiction.
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2012 jury pool master list approved

September 22, 2011
IL Staff
The Indiana Supreme Court has approved the 2012 master list for jury pool assembly, ordering courts to use that list instead of directly contacting the Indiana Bureau of Motor Vehicles for data.
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Judges affirm division of property

September 21, 2011
Jennifer Nelson
Although a commissioners’ report that divided land among two owners was technically inadequate, the Indiana Court of Appeals upheld the division because one of the owners didn’t show he was prejudiced.
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Justices announce appointments

September 21, 2011
IL Staff
The Indiana Supreme Court has made appointments and reappointments to the Indiana Commission for Continuing Legal Education and the Indiana Judges and Lawyers Assistance Program Committee.
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Committees seek comments on proposed amendments

September 21, 2011
IL Staff
The Judicial Conference of the United States advisory committees on the appellate, bankruptcy, civil, criminal, and evidence rules are seeking comment on proposed amendments to these rules.
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Federal judge: 1 bar exam application question goes too far

September 21, 2011
Michael Hoskins
A federal judge has found that one of the Indiana bar exam application questions violates the Americans with Disabilities Act because it infringes on potential lawyers’ privacy rights.
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Supreme Court upholds Barnes ruling

September 20, 2011
Michael Hoskins
Emphasizing that it’s not trampling on the Fourth Amendment, the Indiana Supreme Court has revisited a ruling it made four months ago and upheld its holding that residents don’t have a common law right to resist police entering a person’s home.
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Man's conviction hinges on 'induce' definition

September 20, 2011
Jennifer Nelson
The Indiana Court of Appeals had to determine how to interpret the term “induce” related to a man’s contributing to the delinquency of a minor case and upheld his conviction based on the term’s dictionary definition.
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Justices stand firm on Barnes decision

September 20, 2011
Michael Hoskins
The Indiana Supreme Court has revisited a ruling it made four months ago in Richard Barnes v. State, affirming its initial holding that residents do not have a common law right to resist police in any situation.
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Supreme Court accepts 2 cases

September 20, 2011
IL Staff
The justices of the Indiana Supreme Court have granted transfer to a case involving a Batson challenge and another involving early retirement benefits.
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Judges uphold involuntary commitment

September 19, 2011
Jennifer Nelson
When a defendant has been previously committed to a state institution because he was found incompetent to stand trial, that state institution may be considered a community mental health center for purposes of a report required under Indiana Code 12-26-7-3(b), the Indiana Court of Appeals held Monday.
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COA finds 2007 version of statute is an ex post facto law

September 19, 2011
Jennifer Nelson
The Indiana Court of Appeals has reversed in part a man’s petition for post-conviction relief challenging the finding that he is ineligible to petition for a change of status regarding being a sexually violent predator. The 2007 version of the applicable statute is an unconstitutional ex post facto law as applied to him.
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Fired professor wins one, loses another appeal

September 19, 2011
Jennifer Nelson
A tenured English professor at the University of Evansville who was fired after an inappropriate interaction with a fellow professor lost his appeal against his co-worker, but his case against the university will proceed.
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Court commission OKs new judicial officer requests

September 16, 2011
Michael Hoskins
The Commission on Courts held its final meeting on Thursday, voting in support of new judicial officers for a handful of Indiana counties and agreeing to send those recommendations on to state lawmakers for consideration.
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Comments wanted on proposed changes to senior judge rules

September 16, 2011
Michael Hoskins
The Indiana Supreme Court wants to hear from the public and legal community about revising the state’s senior judge program, allowing certified former judges to serve in any court rather than specific jurisdictions.
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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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