Courts

Website set up for COA judges facing retention vote

July 18, 2016
IL Staff
Indiana’s state courts have established a website with information about four Indiana Court of Appeals judges facing retention on the November ballot.
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Cass County adopts e-filing; Elkhart up next

July 18, 2016
IL Staff
Cass County became the 10th in the state to implement electronic filing in its Circuit and Superior courts Monday, and the rollout of e-filing will continue next Monday when Elkhart County begins to offer the service.
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GM avoids some claims in suits over faulty ignition switches

July 18, 2016
 Bloomberg News
A federal judge dismissed a swathe of customer claims in the nationwide litigation over General Motors Co.’s deadly ignition switch defect that triggered the recall of millions of vehicles two years ago.
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Mandatory pro bono starting in Southern District

July 15, 2016
Marilyn Odendahl
The U.S. District Court for the Southern District of Indiana has adopted a new local rule which will mandate certain attorneys provide pro bono services to pro se litigants.
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COA affirms propane company must pay customers’ attorney fees

July 15, 2016
Jennifer Nelson
The Indiana Court of Appeals agreed with a trial court that a propane company is on the hook for two customers’ attorney fees after it failed to deliver prepaid propane gas under an agreement with the couple.
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Man charged in shooting officer's home wants trial moved

July 15, 2016
 Associated Press
A man accused of shooting at the home of an Indianapolis police officer days after a sniper killed five Dallas police officers told a judge Friday he doesn't believe he can get a fair trial in the Indianapolis area.
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Brady to drop appeal, serve 4-game 'Deflategate' suspension

July 15, 2016
 Associated Press
Tom Brady said on Friday he will stop fighting his suspension for "Deflategate," a scandal that tarnished the reputation of one of the sport's best players, tested the authority of Commissioner Roger Goodell and exposed rifts inside the league office.
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Judges uphold teen’s 40-year sentence for brutal attack on homeowner

July 15, 2016
Jennifer Nelson
A Grant County teen who participated in the rape of a homeowner during his burglary of her home deserves the 40-year sentence imposed in adult court, the Indiana Court of Appeals ruled Friday.
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Senior judge faces discipline case for OWI, alleged cover-up bid

July 15, 2016
Dave Stafford
Indiana Court of Appeals Senior Judge William Garrard will face judicial discipline proceedings after driving drunk in Mooresville last November, colliding with a car and later asking a policeman at the hospital to forget about it.
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Conour asks 7th Circuit for non-public defender to reopen appeal

July 15, 2016
Dave Stafford
Former Indiana lawyer William Conour filed a pro se jailhouse pleading Thursday asking the 7th Circuit Court of Appeals to appoint a non-public defender at taxpayer expense to reopen the limited appeal of his wire fraud conviction.
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Church not entitled to $322,000 on breach of contract claim

July 14, 2016
Jennifer Nelson
A trial court erred when it determined that a church was entitled to $322,000 on its breach of contract claim after its building lessor ordered the church to vacate the premises before the end of its contract, the Indiana Court of Appeals ruled.
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Quoting Dickens’ ‘Bleak House,’ judge decides 24-year-old lawsuit

July 14, 2016
Dave Stafford
A Lake County judge on Wednesday ordered summary judgment for defendants in a 24-year-old lawsuit he likened to the interminable Jarndyce and Jarndyce case in Charles Dickens’ novel “Bleak House.”
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Doctor’s criminal charges provide 2 first impression issues

July 14, 2016
Jennifer Nelson
The Indiana Court of Appeals had to decide two issues of first impression Thursday in an appeal regarding charges of reckless homicide and issuing an invalid prescription for legend drugs by a practitioner against an Indianapolis doctor.
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COA: Law doesn’t require insurer to provide UIM coverage

July 14, 2016
Jennifer Nelson
A trial court erred by denying an insurance company’s motion for summary judgment regarding underinsured motorist coverage because a law change in 2005 no longer required it to provide that coverage.
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Indianapolis man charged in shooting at officer's home

July 14, 2016
 Associated Press
An Indianapolis man who allegedly fired shots into a police officer's home as his wife and child slept inside has been charged with criminal recklessness and unlawful possession of a firearm by a serious violent felon.
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Time running out to get Indiana judicial nominees confirmed

July 14, 2016
Marilyn Odendahl
Three Democratic senators failed in their attempt Wednesday to force the Senate to hold a vote on the nominees to the federal bench, creating more doubt as to how many judges will be confirmed before the end of the year.
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Ginsburg regrets 'ill-advised' criticism of Trump

July 14, 2016
 Associated Press
Supreme Court Justice Ruth Bader Ginsburg says she regrets her "ill-advised" public criticism of Donald Trump.
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Court ruling opens GM to billions of dollars in death, injury claims

July 14, 2016
 Associated Press
A federal appeals court ruling that General Motors can't use its 2009 bankruptcy to fend off lawsuits over faulty and dangerous ignition switches exposes the automaker to billions of dollars in additional liabilities, according to legal experts.
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COA won’t rehear injured immigrant worker’s case

July 13, 2016
Jennifer Nelson
The Indiana Court of Appeals will not revisit its divided ruling that an injured masonry laborer’s immigration status is valid evidence in his lawsuit against the general contractor at his worksite.
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Democratic senators pushing for vote on federal nominees

July 13, 2016
Marilyn Odendahl
Some Democratic senators in the U.S. Senate Wednesday are calling for unanimous consent to hold a floor vote on the judicial nominations, including Winfield Ong who has been nominated for the U.S. District Court for the Southern District of Indiana.
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COA orders new trial on vicarious liability issue

July 13, 2016
Jennifer Nelson
A new jury will decide whether a Sony employee in Terre Haute was acting in the scope of his employment when he hit a security guard on the property while driving to recycle personal items on company property.
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Evidence supports order to raze uninhabited home

July 13, 2016
Jennifer Nelson
The Grant County Area Plan Commission provided enough evidence to support the trial court’s decision to order a home torn down because it is not up to code and is uninhabitable, the Indiana Court of Appeals ruled Wednesday.
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COA: Trial court properly reinstated demoted police officer’s rank

July 13, 2016
 Associated Press
In a case of first impression, the Indiana Court of Appeals agreed that a judge could order a police officer’s rank returned to sergeant instead of sending the matter back to the police merit board for further proceedings.
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COA: Plea agreement doesn’t prevent court from considering certain evidence

July 13, 2016
Jennifer Nelson
A Greensburg father who pleaded guilty to felony dangerous control of a child after his young son accidently shot his future stepbrother lost his claim before the Indiana Court of Appeals that the trial court shouldn’t have considered evidence relating to a dismissed charge.
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Indiana high court rejects rehearing in lawmaker emails case

July 13, 2016
 Associated Press, IL Staff
The Indiana Supreme Court has declined to rehear a case that sought to force lawmakers to release their email correspondence with lobbying groups and businesses.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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