Northern Indiana

Judges split over order property owner pay for construction of drainage-ditch arm

August 10, 2011
Jennifer Nelson
The Indiana Court of Appeals was divided in its ruling on whether a man whose land sits higher and isn’t prone to flooding should have to pay for the reconstruction of an arm of a nearby drainage ditch. The dissenting judge wrote that Wednesday’s decision will promote “water wars” between neighbors.
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Court rules on duty of care for healthy trees in residential areas

August 9, 2011
Michael Hoskins
The Indiana Court of Appeals has reiterated its stance that urban or residential area landowners have a duty to take reasonable precautions regarding their own trees, healthy or otherwise, and make sure they don’t harm a neighbor’s property based on the size and where they are planted.
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7th Circuit upholds mail fraud convictions

August 8, 2011
Jennifer Nelson
Although it found the evidence presented in a mail fraud case “thin,” the 7th Circuit Court of Appeals viewed it as enough to send the case involving three Calumet Township Trustee’s Office employees to the jury.
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AG: DCS out-of-state placements shouldn’t be reviewable by courts

August 4, 2011
Michael Hoskins
An Indiana Supreme Court decision upholding three statutes relating to juvenile judges’ authority on out-of-state placement cases created what the state attorney general’s office calls too much confusion, and the justices should revisit the ruling it made a little more than a month ago.
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South Bend attorney pleads guilty to fraud charges

August 1, 2011
Jennifer Nelson
A northern Indiana attorney accused of aiding and abetting mail and wire fraud has pleaded guilty to all 13 counts listed in an information filed Monday.
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Allen County bar seeks nominations for Niemann Citation

August 1, 2011
IL Staff
The Allen County Bar Association is accepting nominations for the 2011 Niemann Citation for Excellence and Professionalism, an award established in 2004 to honor the memory of attorney Scott T. Niemann.
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Judges ask family to end litigation over parents' interments

July 26, 2011
Jennifer Nelson
In a dispute among divided siblings on where their deceased parents should be buried, the Indiana Court of Appeals asked the family to end the litigation and let the parents “rest in peace.”
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Ex-mayor argues $108 million judgment can be discharged in bankruptcy

July 22, 2011
Michael Hoskins
The ex-East Chicago mayor hit with a $108 million racketeering judgment because of public corruption wants a federal bankruptcy court to dismiss a civil complaint against him that questions whether the judgment is dischargeable under bankruptcy code.
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Longtime Kosciusko County judge dies

July 22, 2011
IL Staff
A former judge in Kosciusko County died Wednesday. Hon. C. Robert “Bob” Burner was 81.
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Valparaiso professor to receive animal law award

July 21, 2011
IL Staff
Valparaiso University School of Law Professor Rebecca J. Huss will be given the Excellence in the Advancement of Animal Law Award at the American Bar Association’s annual meeting in August.
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COA upholds $12 garnishment

July 13, 2011
Jennifer Nelson
A Miami Circuit Court did not err in its interpretation of a statute involving garnishment of wages when ruling a company was correctly withholding only $12.17 from an employee, held the Indiana Court of Appeals Wednesday.
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AG sues to recover $18,000 from LaGrange County clerk

July 13, 2011
Jennifer Nelson
Indiana Attorney General Greg Zoeller has filed a civil suit against Beverly S. Elliott, LaGrange County clerk, seeking more than $18,000 in misappropriated funds. Elliot is also facing criminal charges following an investigation by the State Board of Accounts and the Indiana State Police.
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Valparaiso law school recognized for reconstruction of Heritage Hall

July 12, 2011
IL Staff
Valparaiso University School of Law was honored by the Valparaiso Chamber of Commerce at the 44th Annual Community Improvement Awards luncheon.
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COA to hold oral argument in Allen County

July 8, 2011
Jenny Montgomery
The Indiana Court of Appeals will hear oral arguments in Carrie Chapman v. Howard L. Chapman and Elizabeth W. Chapman, Trustees of The Stephen L. Chapman Irrevocable Trust Agreement, No. 02A03-1012-TR-624, at 10:30 a.m. July 12 at the Allen County Courthouse in Ft. Wayne.
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Supreme Court suspends Gary attorney

July 6, 2011
Jenny Montgomery
The Indiana Supreme Court has suspended a Gary attorney who has been the subject of suspension or reprimand three times since 1992.
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Hammond traffic judge faces misconduct charges

July 6, 2011
Michael Hoskins
Hammond City Judge Jeffrey A. Harkin faces three misconduct charges for operating an illegal traffic school deferral program and dismissing cases without collecting required fees, as well as dissuading one litigant from contesting a seatbelt violation in court.
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Hammond traffic judge faces misconduct charges

June 30, 2011
Michael Hoskins
Hammond City Judge Jeffrey A. Harkin faces three misconduct charges for operating an illegal traffic school deferral program and dismissing cases without assessing required fees, as well as dissuading one litigant from contesting a seatbelt violation in court.
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Justices: Child placement statutes are constitutional

June 29, 2011
Michael Hoskins
In a much-anticipated ruling, the Indiana Supreme Court has ruled three statutes relating to juvenile judges’ authority on out-of-state placement cases are constitutional and that the Department of Child Services has statutory power to consider costs when considering those placements.
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Justices take certified question on railroad issue

June 27, 2011
IL Staff
The Indiana Supreme Court has accepted a certified question posed by the United States Court of Federal Claims regarding railbanking and interim trail use.
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Group can't challenge high school closure

June 23, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the dismissal of a parent and taxpayer group’s legal challenge to the closing of a Fort Wayne school, finding the decision doesn’t violate the state constitution.
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High court questions whether transactions are leases or security interest sales

June 21, 2011
Michael Hoskins
Examining whether a transaction between two businesses is a lease or a sale subject to security interest, the Indiana Supreme Court has adopted an approach used in Colorado. The court held that various factors, such as the economy, must be considered in each situation to decide that question.
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Judges to travel to Angola for arguments

June 14, 2011
IL Staff
A panel of Indiana Court of Appeals judges will hear arguments in a contempt of court case Wednesday in northeast Indiana.
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7th Circuit: Indiana judge violated man's Sixth Amendment right to counsel

May 23, 2011
Michael Hoskins
An appellate court has ruled that a senior judge in the Northern District of Indiana violated a man’s Sixth Amendment rights by not allowing him to proceed to trial with the lawyer of his choosing.
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COA to hear arguments in trademark case at Merrillville High School

May 20, 2011
Jenny Montgomery
The Indiana Court of Appeals will hear oral argument in An-Hung Yao v. State of Indiana and Yu-Ting Lin v. State of Indiana at 12:30 p.m. (CDT) May 25, 2011, at Merrillville High School in the Freshman Center Lecture Hall. A panel of judges consisting of Chief Judge Margret G. Robb, Judge Michael P. Barnes, and Judge Terry A. Crone will hear the case on appeal from Huntington Circuit Court.
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Justices suspend former judge for misconduct

May 19, 2011
Michael Hoskins
The Indiana Supreme Court has suspended a northwest Indiana attorney for helping a litigant whose cases he’d presided over more than a decade ago when he was a Jasper Superior judge.
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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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