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Commission conducts first Tax Court judge interviews

September 27, 2010
Michael Hoskins
The Indiana Judicial Nominating Commission is interviewing 14 people who’ve applied to be the state’s next Tax Court judge, narrowing down the list to semi-finalists who will return for second interviews in October.
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Legal conclave discusses diversity, stress, ethics

September 27, 2010
Rebecca Berfanger
Among the focuses for this year’s Indiana State Bar Association's fourth Legal Education Conclave conclave, which takes place every few years, were diversity, ethics, and stress among lawyers and law students.
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Supreme Court takes case involving sentencing discrepancy

September 27, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case in which a defendant challenged his sentence following his guilty plea to Class B felony burglary and admitting to being a habitual offender.
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Indiana co-authors amicus brief in Prop 8 case

September 27, 2010
Jennifer Nelson
Indiana is one of four states that have written an amicus brief asking the 9th Circuit Court of Appeals to overturn a California judge’s ruling that would lift the ban on same-sex marriages.
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Court reaffirms 3-step test for in camera review

September 24, 2010
Jennifer Nelson
The Indiana Court of Appeals doesn’t believe that its previous ruling regarding the in camera review of an organization’s documents relating to alleged molestation victims sends the message that it’s “open season” on the records of victim services providers.
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Tax court applicant withdraws name from consideration

September 24, 2010
Jennifer Nelson
Indiana Tax Court applicant Richard Hofmann of Noblesville has removed his name from consideration for the upcoming vacancy on the court.
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High court amends Indiana rules

September 24, 2010
IL Staff
The Indiana Supreme Court has issued 14 orders amending various Indiana rules.
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Appellate court vacates murder, dealing convictions

September 23, 2010
Jennifer Nelson
The Indiana Court of Appeals vacated convictions of felony murder and dealing in a controlled substance because the state didn’t prove the man was involved in the dealing of ecstasy.
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Mental-health facility report not same as charging instrument

September 23, 2010
Jennifer Nelson
The due process protections applicable to a charging instrument in a criminal case aren’t applicable to a report filed after someone is detained in a mental-health facility, the Indiana Court of Appeals ruled.
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Lugar, Zoeller to discuss Mexico's criminal justice system

September 23, 2010
IL Staff
Sen. Richard Lugar and Attorney General Greg Zoeller will be in Indianapolis Sunday to discuss Mexico’s conversion to a new criminal justice system as it struggles with organized crime cartels.
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Religious defense doesn't discharge court's subject matter jurisdiction

September 22, 2010
Jennifer Nelson
A court with authority to hear defamation and invasion of privacy claims is not ousted of subject matter jurisdiction just because a defendant pleads a religious defense, the Indiana Supreme Court ruled today.
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COA: Hearsay evidence properly admitted

September 22, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the admission of hearsay evidence of a woman’s testimony to an officer that her boyfriend hit her because the evidence was admissible under the excited utterance exception.
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Lawyers can't appeal termination without parent's authorization

September 22, 2010
Jennifer Nelson
The Indiana Supreme Court held Tuesday that although parents have a statutory right to appellate counsel to appeal an order ending their parental rights, a parent’s trial lawyer cannot pursue an appeal without the parent’s authorization.
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High court clarifies harmless error under Sixth Amendment

September 21, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer to a man’s case in order to address the application of harmless error to Sixth Amendment violations involving confronting those who create laboratory reports.
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ACLU of Indiana's dinner to honor organization’s founder

September 21, 2010
IL Staff
The American Civil Liberties Union of Indiana’s annual dinner this year will honor Irving Fink, an attorney who helped found the organization and Indiana Legal Services.
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Supreme Court takes 4 cases

September 21, 2010
IL Staff
The Indiana Supreme Court granted transfer to four cases Sept. 17, including one involving translated transcripts presented to a jury in a drug case.
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15 apply to be next Tax Court judge

September 21, 2010
Jennifer Nelson
Fifteen people want to be Indiana’s next Tax Court judge. Judge Thomas G. Fisher announced in August his plans to retire Jan. 1, 2011.
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Appellate court finds lawsuit brought in bad faith

September 20, 2010
Jennifer Nelson
The Indiana Court of Appeals ruled today for a fifth time on a contentious family dispute over the estate of deceased parents, affirming a small claims court judgment in favor of two of the siblings for damages and fees against their brother and his wife.
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Northern District seeks comment on local rules

September 20, 2010
IL Staff
The U.S. District Court for the Northern District of Indiana and the Bankruptcy Court in the Northern District are seeking public comment on several proposed local rule changes.
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Law school needs judges for moot court competition

September 20, 2010
IL Staff
Indiana University School of Law – Indianapolis needs judges for its annual Honorable Robert H. Staton Intramural Moot Court Competition.
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Wrongful death statute allows for attorney fees, other costs

September 17, 2010
Elizabeth Brockett
Compensation for attorney fees and other costs can be awarded under the Adult Wrongful Death Statute, ruled a Court of Appeals panel today.
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Governor names Boone Circuit judge to Indiana Supreme Court

September 17, 2010
Michael Hoskins
David videoGov. Mitch Daniels announced this morning his pick for the state’s highest appellate court, choosing Boone Circuit Judge Steven H. David to replace retiring Justice Theodore R. Boehm once he steps down Sept. 30.
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Governor chooses Judge Steven David as next Supreme Court justice

September 17, 2010
Michael Hoskins

Boone Circuit Judge Steven David will become the next Indiana Supreme Court justice, meaning the state’s highest court will remain without a woman.

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Justices remind parties about decision certification

September 16, 2010
Michael Hoskins
The Indiana Supreme Court has granted a rehearing on the appeal involving East Chicago casino money, using the chance to warn parties to not jump the gun in how it responds once an appellate ruling is initially issued.
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ISBA poll on judicial retention to be e-mailed

September 16, 2010
Michael Hoskins
A third of the Indiana Court of Appeals judges face retention this year, but before voters mark their ballots the state’s attorneys have a chance to say what they think about the five appellate judges who want to remain on the bench.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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