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Prosecutor misconduct leads to reversal

November 23, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a defendant's conviction of intimidation because several acts of misconduct constituted fundamental error. The appellate court also ruled the man could be retried on the charge.
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FBI releases hate crime stats

November 23, 2009
Rebecca Berfanger
More than 9,000 offenses in the U.S. in 2008 motivated by bias to particular groups of people were reported to the FBI in 2008, according to the FBI's Uniform Crime Reporting Program that publishes those statistics, the FBI announced today.
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Survey assesses PACER program

November 20, 2009
IL Staff
The federal judiciary is seeking feedback from users through a short survey on its PACER program, which allows people to search federal court records.
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Worker didn't prove discrimination, retaliationRestricted Content

November 20, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the lower court ruling that a company's elimination of a worker's position, along with not rehiring her after restructuring, didn't constitute retaliation or a hostile work environment.
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Dinner to celebrate attorney's 60-year career

November 19, 2009
IL Staff
The James C. Kimbrough Bar Association will host a retirement dinner to celebrate the 60-year career of Hilbert L. Bradley, a Gary attorney.
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7th Circuit offers alternatives to destroying gunsRestricted Content

November 19, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals vacated a District judge's order that a defendant's guns be destroyed instead of returned to him, ruling that there were other alternatives than what the District Court considered.
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U.S. Senate confirms Hamilton for 7th Circuit

November 19, 2009
Michael Hoskins
U.S. District Judge David F. Hamilton is the newest jurist on the 7th Circuit Court of Appeals.
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Judges disagree as how to review sentence

November 18, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges affirmed today that a defendant's sentence following a guilty plea wasn't inappropriate, but the judges didn't agree as to how to reach that conclusion.
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Reimbursement to estate should be proportional

November 18, 2009
Jennifer Nelson
The Indiana Supreme Court ruled today that a proportional allocation of proceeds from a pre-trial settlement would be best way to reimburse an estate for funeral and burial expenses.
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Man faces federal charge in courthouse plot

November 18, 2009
IL Staff
The Pike County man arrested after police discovered his plan to blow up the county courthouse now faces federal charges.
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New academy named after chief justice

November 18, 2009
IL Staff
Students in Vanderburgh County soon will be able to attend an academy named after the state's chief justice; the academy will focus on the law and social justice.
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COA splits, reverses probation revocation

November 17, 2009
Jennifer Nelson
The Indiana Court of Appeals was split today in its decision to reverse the revocation of a defendant's probation. The judges didn't agree that the probation revocation hearing comported with due process.
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2010 Organization Day for lawmakers today

November 17, 2009
IL Staff
Lawmakers returned to the Indiana Statehouse today for Organization Day, a traditionally ceremonial time spent electing leaders and organizing priorities for its second regular session - the short session - that starts in January. More coverage will be in the Nov. 25 issue of Indiana Lawyer.
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UPDATE: Senate passes cloture motion

November 17, 2009
Michael Hoskins
The full U.S. Senate has ended debate on the controversial nomination of U.S. Judge David F. Hamilton, and now senators will vote as soon as Wednesday morning on his confirmation to the 7th Circuit Court of Appeals.
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U.S. Senate debating Indiana judge's nomination

November 17, 2009
Michael Hoskins
Indiana is at the heart of a legislative discussion about the future of the federal judiciary, and debate about a judge's controversial nomination is coming to a head this week.
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ACLU recognizes civil liberty allies

November 16, 2009
Rebecca Berfanger
The ACLU of Indiana recognized supporters of civil liberties and raised awareness and funds for the organization during its annual dinner Nov. 13 in Indianapolis.
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Court says why it removed special prosecutor

November 16, 2009
Jennifer Nelson
The Indiana Supreme Court released an original action Nov. 13 explaining why it ordered an appointed special prosecutor in Delaware County removed from a case.
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COA: Insurance funds aren't a money judgment

November 16, 2009
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals decided today that a summary judgment granting insurance policies isn't equivalent to a money judgment that would allow for 8 percent post-judgment interest.
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Governor names first DCS ombudsman

November 16, 2009
IL Staff
An Indianapolis woman with nearly three decades of experience working in child welfare, social work, and family counseling has been named the state's first Department of Child Services ombudsman. Gov. Mitch Daniels announced the selection Nov. 13.
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High court takes post-conviction case

November 13, 2009
IL Staff
The Indiana Supreme Court granted transfer Thursday to a post-conviction case in which the defendant, who spoke only Spanish, claimed he didn't enter his plea knowingly or intelligently.
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7th Circuit rules en banc on mezuzah caseRestricted Content

November 13, 2009
Michael Hoskins
The full 7th Circuit Court of Appeals has ruled that condominium owners prevented from hanging religious objects on their home can in some cases sue their association under the Fair Housing Act for alleged religious and racial discrimination, after they've bought the residence and moved in.
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Good-faith exception not applicable

November 13, 2009
Jennifer Nelson
An Indiana trial court erred when it denied a defendant's motion to suppress evidence because the good-faith exception doesn't apply in this case, the Indiana Court of Appeals concluded today.
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COA to hear arguments at college

November 13, 2009
IL Staff
As a part of its "Appeals on Wheels" initiative, a panel of Indiana Court of Appeals judges will visit St. Mary-of-the-Woods College Nov. 17 to hear arguments in a medical malpractice suit.
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Debate to discuss liability in securities fraud

November 12, 2009
IL Staff
The Federalist Society student chapter at Indiana University Maurer School of Law is hosting a debate Nov. 17 in response to a bill in Congress that could overturn recent Supreme Court of the United States' decisions.
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Justices hear compulsive gambling arguments

November 12, 2009
Michael Hoskins
State gaming regulations prohibit a compulsive gambler from even filing a lawsuit against a casino, a New Albany attorney told the Indiana Supreme Court today.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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