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COA reverses and remands CHINS finding regarding stepfather

February 15, 2011
Rebecca Berfanger
After the juvenile court adjudicated two minor children as children in need of services following their mother’s admission to allegations filed by the Indiana Department of Child Services, the majority of a Court of Appeals panel today reversed and remanded that finding in favor of the stepfather, who denied the allegations and asked for a fact-finding hearing. One Court of Appeals judge dissented, writing that she disagreed that the trial court violated the stepfather’s right to due process in this case.
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Fair Finance trustee sues Indy attorney for $375,000

February 15, 2011
Greg Andrews
The bankruptcy trustee for Fair Finance Co. has filed a lawsuit against Indianapolis attorney Stephen Plopper and his wife, saying they defaulted on a 2003 loan from the defunct Tim Durham-owned business and now owe $375,000.
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Supreme Court suspends judge for 30 days

February 15, 2011
Michael Hoskins
A 30-day unpaid suspension begins next week for Marion Superior Traffic Judge William Young, though the chief justice expects the Indiana Supreme Court would have issued a lengthier sanction if a settlement had not been reached in the misconduct case.
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Traffic judge's suspension begins Feb. 22

February 14, 2011
Michael Hoskins
A 30-day suspension without pay begins next week for Marion Superior Traffic Judge William Young.
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Court reverses class certification in hail-damage action

February 14, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has reversed the class certification granted by the District Court in a suit brought by unsatisfied homeowners following a 2006 hailstorm in central Indiana.
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Judges reverse denial of motion to suppress

February 14, 2011
Jennifer Nelson
The Indiana Court of Appeals overturned the denial of man’s motion to suppress, finding the traffic stop that resulted in his drunk driving arrest wasn’t supported by reasonable suspicion.
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High court takes 4 cases

February 14, 2011
IL Staff
The Indiana Supreme Court has accepted four cases on transfer, including one in which they released an opinion on the matter the same day they granted transfer.
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CLE commission elects 2011 officers

February 14, 2011
IL Staff
The Commission for Continuing Legal Education has elected four officers to serve during the 2011 calendar year, the Indiana Supreme Court announced Monday.
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Supreme Court interactive event rescheduled

February 14, 2011
IL Staff
The Indiana Supreme Court has rescheduled its interactive drama “Bound for Freedom: The Case of Polly Strong,” which was postponed after a winter storm hit central Indiana earlier this month.
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Attorney reprimanded for charging unreasonable fees

February 14, 2011
Jennifer Nelson
The Indiana Supreme Court has publicly reprimanded a Hamilton County attorney for violating Indiana Professional Conduct Rule 1.5(a) by making agreements for and charging unreasonable fees.
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Lawyer suspended for 180 days due to conduct during disciplinary process

February 11, 2011
Michael Hoskins
The Indiana Supreme Court has ordered a six month suspension for an Indiana lawyer who primarily practices in Michigan, not because of the misconduct committed, but more specifically because of the attorney’s bad behavior during the disciplinary process.
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ISBA Women's Bench Bar Retreat March 4

February 11, 2011
IL Staff
The 10th Annual Women’s Bench Bar Retreat, hosted by the Indiana State Bar Association’s Women in the Law Committee, will take place March 4 to 6 at Culver Cove Resort in Culver.
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Court rules on child support nonpayment case

February 11, 2011
Michael Hoskins
Just because someone doesn’t pay child support for more than one son or daughter doesn’t mean the person can be charged more than once for that criminal nonpayment if there’s only one support order issued.
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JTAC fee bill amended, other bills moving

February 11, 2011
IL Staff
The Senate bill aimed at increasing the automated record-keeping fee to pay for a statewide case management system made it out of committee, but not before legislators decreased the fee beginning this year.
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Cuts proposed to LSC budget would affect ILS

February 10, 2011
Rebecca Berfanger
Among approximately 70 proposed budget cuts, the U.S. House Appropriations Committee has proposed cutting $75 million, or 17 percent of the budget for the Legal Services Corporation, which funds 136 civil legal aid programs around the country, the committee announced Wednesday.
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Justices find statute doesn't apply to landfill facility

February 10, 2011
Jennifer Nelson
The Indiana Supreme Court has ruled on a 30-year fight between the owners of a proposed landfill and neighbors, ruling that a new law doesn’t apply to the facility or require it to get a new permit.
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Appeals court reverses summary judgment for pharmacist, CVS

February 10, 2011
Jennifer Nelson
The Indiana Court of Appeals concluded that a pharmacist working in a Hendricks County CVS had a duty of care to a customer to either warn her of the side effects of a drug or withhold the medication. As a result, the judges reversed summary judgment in favor of the drug store and pharmacist in a negligence suit.
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Man gets 10 years for human trafficking

February 10, 2011
Jennifer Nelson
The first person convicted of human trafficking in Marion County has received 10 years on the charge.
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Supreme Court affirms admitting English transcript at trial

February 9, 2011
Jennifer Nelson
English language translation transcripts of statements recorded in foreign language, if otherwise admissible, may be properly considered as substantive evidence, the Indiana Supreme Court ruled Wednesday.
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Justices answer certified question on fault

February 9, 2011
Jennifer Nelson
After revising a certified question received from the federal court, Indiana Supreme Court justices answered the question in the affirmative.
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Judge reverses probate court in first opinion

February 9, 2011
Jennifer Nelson
Judge Martha Wentworth has handed down her first opinion as Indiana’s Tax Court judge. In her decision, she reversed the probate court’s finding that an estate didn’t have to file an inheritance tax return on checks issued to a deceased woman’s brother on an annuity contract.
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Justices uphold modification of physical custody to father

February 8, 2011
Jennifer Nelson
A majority of Indiana Supreme Court justices granted transfer today to Mariea L. Best v. Russell C. Best, No. 06S05-1102-CV-73, and affirmed a special judge’s decision to grant a father physical custody of his daughter M.B. They held the trial court made the necessary findings to support the modification.
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Fundraiser to benefit Legal Aid in Tippecanoe County

February 8, 2011
IL Staff
The Legal Aid Outback lunch and auction will be held Feb. 23 at Outback Steakhouse in Lafayette. Proceeds from the event benefit Legal Aid Corporation of Tippecanoe County, a nonprofit that provides low-cost legal assistance to low-income county residents on family law matters.
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JTAC fee, Clark County courts bills before committees

February 7, 2011
Jennifer Nelson
A bill that would increase the automated record-keeping fee to pay for implementation of a statewide case-management system and a bill that proposes to create a unified Circuit Court in Clark County are just two of the bills before committees this week in the Indiana General Assembly.
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Judges order new PCR hearing on guilty plea issue

February 7, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed in part the denial of a man’s pro se petition for post-conviction relief, holding the post-conviction court’s findings didn’t support its rejection of the man’s claim his plea was illusory or involuntary.
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  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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