Courts

Reversal: Trial court erred in vacating agreed paternity order

July 16, 2015
Dave Stafford
A Hendricks County trial court erred by disregarding a mother and father’s agreed paternity order, the Indiana Court of Appeals ruled Thursday, sending the matter back to the trial court. The court affirmed a judgment against father to pay mother’s attorney fees.
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Court aid offered for non-English-speaking, pro se litigants

July 16, 2015
IL Staff
Court improvement grants of up to $50,000 are available to assist unrepresented litigants and those with limited English proficiency.
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City not liable for injury caused by pothole

July 16, 2015
Marilyn Odendahl
The Indiana Court of Appeals split over the extent of governmental immunity after a woman who broke her leg crossing the street sued the city of Beech Grove for negligence.
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Tax Court: IndyGo appeal of $800,000 budget cut may proceed

July 16, 2015
Dave Stafford
IndyGo received the green light to proceed with a Tax Court appeal of about $800,000 in budget cuts the state ordered for the public transportation service in 2012.
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Next same-sex marriage fight could center on benefits

July 15, 2015
Marilyn Odendahl
In Indiana, some large companies have expanded their domestic partner benefit packages to include same- and opposite-sex couples.
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Examiners’ testimony about hair analysis being questioned

July 15, 2015
Marilyn Odendahl
The announcement earlier this year of concerns surrounding the FBI’s analysis of hair samples put forensic disciplines into the spotlight again and raised questions about reliability and validity of such evidence.
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Mark Leonard convicted of murder in deadly Indiana house explosion

July 14, 2015
 Associated Press
A jury convicted an Indianapolis man of murder, arson and insurance fraud Tuesday for his role in a house explosion that decimated a subdivision nearly three years ago, killing a couple living in the neighborhood.
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$5M bond set for man accused of plot to kill lawyer

July 14, 2015
 Associated Press
A $5 million bond has been set for a man accused of plotting with his mother to kill a Hamilton County divorce attorney seeking money from the mother's boyfriend.
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Fort Wayne hospital loses Medicaid payment appeal

July 14, 2015
Dave Stafford
Parkview Hospital in Fort Wayne was not wrongly denied $27 million in Medicaid payments it sought from the state when it failed to properly and timely document the claims, the Indiana Court of Appeals affirmed Tuesday.
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Judge orders Homeland Security chief, others to court

July 9, 2015
 Associated Press
A federal judge in Texas has threatened to hold Homeland Security Secretary Jeh Johnson and other top immigration enforcement officials in contempt of court for not fixing problems that led to work permits being mistakenly awarded under President Barack Obama's executive immigration action after the judge had put the plan on hold.
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Pot-smoking Indianapolis church sues over marijuana laws

July 9, 2015
 Associated Press
A pot-smoking church sued the city of Indianapolis and state of Indiana on Wednesday, claiming laws against possession and use of marijuana infringe on its religious beliefs.
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Ohio judge wants to know if he can refuse gay weddings

July 9, 2015
 Associated Press
A judge who refused to marry a same-sex couple said on Wednesday that he wants to know if he can skip out of performing gay weddings altogether.
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US to make marriage benefits available to gay couples

July 9, 2015
 Associated Press
Attorney General Loretta Lynch says the government will make federal marriage benefits available to same-sex couples following a Supreme Court of the United States decision last month that legalized same-sex marriage.
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Lilly, partner sue Lupin over generic testosterone

July 8, 2015
 Bloomberg News
Indianapolis-based Eli Lilly and Co. and Acrux DDS Pty Ltd. have filed a lawsuit against Lupin Pharmaceuticals Inc. for alleged infringement of patents that cover the testosterone treatment Axiron.
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Agents testify insurance was increased before home explosion

July 7, 2015
 Associated Press
Insurance agents say the girlfriend of a man accused of blowing up an Indianapolis house nearly doubled the coverage for the contents of her home 11 months before the explosion that killed two neighbors.
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GPS search after fatal crash unconstitutional, COA holds

July 7, 2015
Dave Stafford
The warrantless search of a driver's global positioning system after a crash in which a passenger died was unconstitutional, the Indiana Court of Appeals held Tuesday.
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Teens sentence their peers in Tippecanoe County program

July 7, 2015
 Associated Press
A special Tippecanoe County Courthouse program has jurors, lawyers and defendants, but they're all younger than 18.
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COA affirms habitual offender enhancement

July 7, 2015
Dave Stafford
A habitual offender failed to convince the Indiana Court of Appeals that an amended statute, which took effect July 1, 2014, should have been applied to enhance his dealing cocaine conviction.
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Law sending low-level offenders to counties raises questions

July 6, 2015
 Associated Press
Indiana counties are expecting to see increases in their inmate populations under a new law that will send low-level offenders to county jails, work release or home detention instead of to prison, the South Bend Tribune reported Sunday.
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Indiana Supreme Court weighs case on custody, mental illness

July 6, 2015
 Associated Press
The Indiana Supreme Court is weighing an emotionally charged case in which a man lost custody of his daughter after spurning child-welfare officials’ suggestions that he leave his mentally ill wife based on their fears that she might harm the girl.
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Despite rebuke, Court of Appeals tosses default judgment

July 6, 2015
Marilyn Odendahl
A defendant who consistently failed to appear for scheduled hearings in small claims court gained a reprieve, but with an admonishment, from the Indiana Court of Appeals.
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ICJI crime victim grant application process now open

July 6, 2015
IL Staff
Organizations that assist victims of crime now may apply for grants from a larger-than-ever pool of available money, the Indiana Criminal Justice Institute announced.
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Convenience stores win one, lose one in property assessment battle

July 6, 2015
Marilyn Odendahl
In a pair of decisions, the Indiana Tax Court has upheld two rulings that found different valuations for the same property.
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In 3-2 decision, justices reinstate molestation conviction

July 6, 2015
Dave Stafford
A 3-2 decision of the Indiana Supreme Court on Thursday reinstated a Class A felony child molestation conviction that the Court of Appeals reversed because the defendant was denied opportunities to admit evidence.
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7th Circuit affirms ruling for Emmis in unpaid-dividend suit

July 6, 2015
Dave Stafford
A ruling in favor of Emmis Communications in a federal lawsuit brought by owners of preferred shares in the company was affirmed Thursday by the 7th Circuit Court of Appeals.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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