Indiana Trial Courts

Indiana judge weighs fate of BMV overcharges case

May 19, 2015
 Associated Press
A judge is weighing the fate of a lawsuit targeting the Indiana Bureau of Motor Vehicles after he heard arguments Monday in the case alleging that the BMV overcharged motorists by tens of millions of dollars for fees and services.
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COA rejects former guardians’ arguments on rehearing

May 8, 2015
Jennifer Nelson
An elderly man's former temporary guardians were unable to convince the Indiana Court of Appeals that it erred in overturning an award to them of $15,000 after finding potential misconduct by the guardians.
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Deaf litigant’s ADA case proceeds, minus state defendants

May 5, 2015
Dave Stafford
A judge has dismissed state defendants from a lawsuit brought by a deaf man who was denied a court-appointed interpreter during a mediation, but his lawsuit against the Marion Circuit Court will proceed.
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Website domain dispute pulled from justices’ calendar

May 5, 2015
Dave Stafford
A dispute over a website address that had been scheduled for oral arguments Wednesday before the Indiana Supreme Court has been settled, an attorney involved in the case said.
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Justices affirm upward deviation from child support guidelines

April 29, 2015
Jennifer Nelson
A trial court did not commit clear error when it deviated from the Indiana Child Support Guidelines by not granting a father the full parenting time credit calculated and allowed his ex-wife to claim their child each year on her taxes, the Indiana Supreme Court ruled Tuesday. The justices also outlined the best practices to be used when a trial court conducts summary proceedings.
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Dearborn County judges headed to trial on discrimination claims

April 22, 2015
Marilyn Odendahl
Two judges and a magistrate judge in Dearborn County appear headed to trial in federal court on a discrimination claim arising from their decision not to provide a sign language interpreter for a courtroom spectator.
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Man’s affidavit entered after final order requires reversal of summary judgment

April 10, 2015
Jennifer Nelson
A trial court abused its discretion when it did not allow a set of parents to introduce the affidavit from their son, who allegedly suffered a brain injury from an attack, after he was able to remember the night of the incident. The affidavit was submitted shortly after a final judgment was entered in their lawsuit against the alleged attacker.
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Lawsuit over Covanta recycling center plan set for hearing

March 6, 2015
Kathleen McLaughlin, IBJ Staff
A lawsuit prompted by Indianapolis Mayor Greg Ballard’s controversial recycling-plant deal is set for hearing March 10.
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Winter storm delays child neglect trial in South Bend

February 2, 2015
 Associated Press
A winter storm that brought as much as 19 inches of snow to northern Indiana has delayed a South Bend child neglect trial.
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Rush rolls out commercial court plan in State of Judiciary

January 28, 2015
Dave Stafford
Commercial courts heralded by Indiana Chief Justice Loretta Rush in her first State of the Judiciary address could be in business soon, with the first pilots launching as early as this summer, according to judges and lawyers involved in developing the plans.
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Fewer cases filed in 2013 in state courts

December 31, 2014
IL Staff
There were 1,152,052 new cases filed in state courts in 2013, a decrease of 7.3 percent over the previous year, according to data released Tuesday by the Indiana Supreme Court and the Division of State Court Administration. The data continues to show the trend of a drop in filings over recent years.
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5 judges presiding over Muncie City Court

December 24, 2014
 Associated Press
Five eastern Indiana Circuit judges have been appointed to fill in for a suspended Muncie City Court judge facing misconduct allegations.
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State and federal courts clamp down on confidential filings

December 17, 2014
Dave Stafford
Come Jan. 1, lawyers better make certain they’re on firm ground before asking a judge to file court pleadings under seal. Attorneys also may face new liability if confidential information is mistakenly entered in a public case file. State and federal courts have rewritten rules for when and how court pleadings can be filed out of public view, reaffirming they should be open to inspection with limited exceptions.
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More than 3 dozen Indiana jurists retiring, leaving bench at year’s end

December 3, 2014
Dave Stafford
Five judges with a combined bench experience of more than a century are departing the Marion County courts at the end of the year, joining dozens of jurists around the state who are calling it a career.
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Eagle Creek deer hunt goes forward

November 26, 2014
Dave Stafford
A city-sponsored deer hunt at Indianapolis’ Eagle Creek Park will proceed this weekend after a judge refused to block the first such hunt in the park’s history.
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Appeal aims to block planned 4,000-hog facility

November 11, 2014
 Associated Press
A group of homeowners wants a county judge to block a southern Indiana farmer from being allowed to build a facility that would house 4,000 hogs.
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Judge: Heroin use is driving explosion in CHINS filings

November 3, 2014
Dave Stafford
More than 25,000 Marion County youths have been referred to juvenile court this year for adjudication as children in need of services, an increase of more than 35 percent compared to last year.
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Trial of surgeon in murder plot may be moved

October 31, 2014
 Associated Press
A northern Indiana surgeon accused of plotting to kill his ex-wife and make it look like suicide could get a change of venue for his upcoming trial.
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Not guilty pleas for suspect in 7 Indiana deaths

October 29, 2014
 Associated Press
A judge recorded not guilty pleas Wednesday for a former Marine who is charged with murder in the strangulation deaths of two women found in northwestern Indiana and is suspected of killing five others.
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Judges recognized for service, educational pursuits

October 24, 2014
IL Staff
Indiana Supreme Court Chief Justice Loretta Rush recently recognized 17 judges for their long-time service or completion of educational programs through the Indiana Judicial Center.
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Student sues Megabus over crash near Indianapolis

October 24, 2014
 Associated Press
A student at Indiana University-Purdue University Indianapolis claiming permanent injuries from a Megabus crash on Interstate 65 is suing the carrier.
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Man suspected of killing 7 refuses to answer judge

October 23, 2014
 Associated Press
A man who allegedly confessed to killing seven women in Indiana refused to speak or even acknowledge his name to a judge Wednesday, and a sheriff explained later that the suspect was upset his hearing was in open court before dozens of journalists.
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Indiana man was violent long before 7 killings

October 22, 2014
 Associated Press
With hindsight, there were signs years ago of increasing violence against women by Darren Vann, who police say has confessed to killing seven women in northwestern Indiana and is scheduled to appear in court Wednesday.
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Attorneys debate impact of reality crime TV shows on the judicial process

October 22, 2014
Marilyn Odendahl
The reality television show “Cold Justice” linked Earl Taylor to the 1975 murder of his first wife, Kathy Taylor. Dennis Majewski, Earl Taylor's attorney, said the TV program carried by the TNT cable network, and a follow-up newspaper article that told viewers the episode was available on YouTube, led him to doubt he could find an untainted jury in Vigo County.
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Lawmakers in no rush to fix Marion County’s judicial selection process

October 22, 2014
Dave Stafford
Marion County’s unique power-sharing judicial-election system won’t be fixed anytime soon, even though a federal judge has ruled the four-decade-old system is unconstitutional.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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