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Majority affirms default judgment against Sears

August 12, 2010
Jennifer Nelson
The Indiana Court of Appeals split today as to whether a department store was entitled to have a default judgment set aside.
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Indiana Tax Court judge retiring next year

August 12, 2010
IL Staff
Indiana Tax Court Judge Thomas G. Fisher is leaving the bench Jan. 1, 2011, the court announced this afternoon.
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7th Circuit affirms Lake County official's sentence

August 11, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld Robert Cantrell’s 78-month sentence for various convictions, including using his position in public office for kickbacks.
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COA affirms doctrine of transferred intent applies

August 11, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed that the doctrine of transferred intent applied in the case of a juvenile adjudicated for committing battery for hitting his teacher unintentionally when trying to punch another student.
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Couple should have jury trial on legal claims

August 11, 2010
Jennifer Nelson
A couple whose home is being foreclosed on is entitled to a jury trial on their legal claims against the mortgage holder and loan servicer, the Indiana Court of Appeals ruled today.
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7th Circuit: Officer allowed to resume frisk

August 10, 2010
Jennifer Nelson
As one 7th Circuit Court of Appeals judge cautioned, it’s generally not a good idea to ride around in a car with cocaine on you when police have many reasons why they may legitimately stop the car.
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Judges: 2-year statute of limitations doesn't apply

August 10, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed the dismissal of a medical group’s application for adjustment of claim for provider fee, finding the Indiana Worker’s Compensation Board erred by ruling the application was filed outside the statute of limitations.
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Judge: Look closer at claim of being part of a persecuted social group

August 10, 2010
Jennifer Nelson
In granting a petition for review of a denial of an asylum request, 7th Circuit Court of Appeals Judge David Hamilton believes the Board of Immigration Appeals applied too narrow of a concept of a “social group.&rdquo
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Court suspends attorney for 30 days

August 9, 2010
Michael Hoskins
The Indiana Supreme Court has imposed a 30-day suspension against an Indianapolis attorney who was one of nearly three dozen people to recently apply for an opening on the state’s highest court.
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Special judge rules on venue change in Camm case

August 9, 2010
Michael Hoskins
A southern Indiana judge has decided not to change the venue of a former state trooper’s third murder trial, and instead will bring in jurors from outside the region to consider charges in a case that has twice been overturned on appeal.
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A chargeback isn't a sale of insurance

August 9, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals held today that a chargeback for the cost of insurance is not a sale of insurance, as some owner-operators of leased trucks argued. The Circuit Court also took issue with the District judge’s decision on which statute of limitations applied to the parts of the suit.
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Race against domestic violence Aug. 14

August 9, 2010
IL Staff
The 7th annual Race Away from Domestic Violence 5k will be held on Saturday in Indianapolis. The race is hosted by the Indiana Coalition Against Domestic Violence and raises awareness and money to help end domestic violence in the state.
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Felony can't be modified to misdemeanor 9 years later

August 6, 2010
Rebecca Berfanger
In a case of first impression, the Court of Appeals reversed and remanded with instructions a trial court’s modification of a criminal sentence from a Class D felony to a Class A misdemeanor nine years after the appellee-defendant pleaded guilty to operating a vehicle while intoxicated.
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Commission sends finalists letter to governor

August 6, 2010
Michael Hoskins
A 60-day clock has started for Gov. Mitch Daniels to choose the next Indiana Supreme Court justice, after three names were officially sent to him Thursday afternoon.
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Programming causes error on annual attorney registrations

August 6, 2010
IL Staff
Attorney annual registration statements mailed last month may contain an error because of programming, but state officials say lawyers don’t have to correct that specific problem.
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Court: Man properly executed will, not under undue influence

August 6, 2010
Elizabeth Brockett
The Indiana Court of Appeals today affirmed a jury’s decision that upheld a will after the decedent’s children questioned whether the will was executed properly and whether the trial court erred in rejecting a jury instruction regarding undue influence.
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Judges find ruling denied mentally ill man's due process rights

August 5, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed today the denial of a mentally ill man’s motion to dismiss charges against him because not dismissing the charges was a violation of his due process rights.
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7th Circuit expands inquiry to implicit motion for new attorney

August 5, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals expanded caselaw today when ruling on a defendant’s request for new counsel.
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Election for judicial commissions member this fall

August 5, 2010
IL Staff
The Indiana Judicial Nominating Commission and Indiana Commission on Judicial Qualifications are looking for a new attorney member.
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Judges needed for moot court

August 4, 2010
IL Staff
The Sherman Minton Moot Court competition at Indiana University Maurer School of Law is seeking judges for this fall’s competition.
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Man entitled to commission, but a reduced amount

August 4, 2010
Jennifer Nelson
Because a former employee wasn’t aware of nor agreed to a plan that would effectively limit his earnings from selling crop insurance, the Indiana Court of Appeals affirmed based on Indiana law that he was entitled to his commission he secured in 2005 even if premiums weren't received until later. The appellate court did, however, reduce the amount of money his former employer owed him due to draws and set-offs.
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Appellate rulings can create confusion for attorneys, trial judgesRestricted Content

August 4, 2010
Michael Hoskins
Clear and concise court rulings are what judges hope can be produced, so that lawyers and lower courts can have guidance on how to address a particular legal issue. But that doesn’t always happen.
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Justice selection process wasn't always public

August 4, 2010
Michael Hoskins
Twenty-five years ago, choosing an Indiana Supreme Court justice was confidential.
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IBF provides classes for educational programs

August 4, 2010
Rebecca Berfanger
An annual highlight for participants, mentors, and organizers, the summer institutes for Project Citizen and We The People have once again actively prepared teachers to present civics lessons so students can understand and become responsible citizens.
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3 remain in running for high court

August 4, 2010
Michael Hoskins
The governor must choose among two judges, one appellate attorney for next justice.
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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

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