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Overwhelming evidence of guilt trumps defendant’s post-conviction claims

October 24, 2013
Jennifer Nelson
The Indiana Court of Appeals upheld a northern Indiana man’s life without parole sentence for killing a police officer in 1997, finding the post-conviction court did not err when it denied him a new trial.
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COA once again rules guardians have no authority to file for divorce

October 24, 2013
Jennifer Nelson
Indiana law does not allow guardians the ability to petition for the dissolution of marriage on their ward’s behalf, the Indiana Court of Appeals held for the second time in nearly four months. The appeals court reversed the grant of a divorce filed by an incapacitated man’s daughters, who are his co-guardians.
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Court upholds 2-year suspension of teacher’s license

October 24, 2013
Jennifer Nelson
An administrative law judge in the Indiana Department of Education correctly imposed a two-year suspension of a special education teacher’s license, the Indiana Court of Appeals ruled Thursday. The court found no error in the ALJ’s reliance on a California case when considering whether to revoke or suspend a teaching license.
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Court of Appeals names Nancy Vaidik as next chief judge

October 23, 2013
IL Staff
The Indiana Court of Appeals of Indiana has selected Judge Nancy H. Vaidik to succeed Judge Margret G. Robb as the court’s next chief judge. Vaidik’s three-year term of office will start Jan. 1, 2014.
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Judge: better to assess defendant under mental health law, not criminal one

October 23, 2013
Jennifer Nelson
In a resisting arrest and battery case that drew opinions from each of the sitting judges on the Indiana Court of Appeals panel, Judge Paul Mathias addressed the issue of whether the defendant suffered from a mental illness. He urged law enforcement to consider mental health intervention to treat troubled – but innocuous – conduct instead of relying on criminal law.
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New survey outlines how corporate law departments are cutting costs

October 23, 2013
IL Staff
Chief legal officers have turned to negotiating price reductions with outside counsel, doing more work in house, and greater use of technology in efforts to control costs, according to a survey released Wednesday by legal management consulting firm Altman Weil Inc.
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Proposed changes to fee schedules in Allen County open to public comment

October 23, 2013
IL Staff
Allen Superior Court is, again, offering for public comment proposed changes to the fees for its alternative court programs.
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Conour’s 10-year sentence disappoints victims

October 23, 2013
Dave Stafford
Judge says the former attorney’s theft of nearly $7 million from clients casts a shadow over the legal profession.
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Faith in practice

October 23, 2013
Marilyn Odendahl
Red Mass reinforces the value of respect, civility and community in the legal profession.
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State bar approves pro bono reporting requirement

October 23, 2013
Dave Stafford
Proponents say the change will encourage volunteerism to meet legal needs of those who cannot afford attorneys.
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Dickson: Trial courts face 'crisis' of unrepresented litigants

October 23, 2013
Dave Stafford
About three in five litigants appearing in Indiana’s civil trial courts are doing it themselves, according to data compiled from statewide case filings this summer.
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When security actions become unconstitutional snooping

October 23, 2013
Marilyn Odendahl
Indiana University Maurer School of Law professors join the effort to curb government surveillance.
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7th Circuit blasts lawyers in reinstating malicious prosecution suit

October 22, 2013
Dave Stafford
A man wrongly prosecuted, convicted and imprisoned for the arson of Frankton High School more than 10 year ago was ultimately freed, but the 7th Circuit Court of Appeals Tuesday blistered attorneys in a subsequent malicious prosecution lawsuit who successfully argued in the U.S. District Court for dismissal of the man's federal complaint.
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Judges persuade Commission on Courts to reject bail bond proposal and review use of psychologists

October 22, 2013
Marilyn Odendahl
Proposed legislation regarding bail bonds died Oct. 21 in the Indiana General Assembly’s Commission on Courts hearing after Indiana Supreme Court Chief Justice Brent Dickson raised concerns about constitutionality and legislative overreach.
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Feds decline to press charges against former prosecutor Brizzi

October 22, 2013
IBJ Staff
Federal prosecutors have declined to press criminal charges against former Marion County Prosecutor Carl Brizzi after a three-year investigation failed to yield sufficient direct evidence he accepted bribes while in office.
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Library may go after contractors for cleanup costs outside building

October 22, 2013
Dave Stafford
A diesel fuel leak in the basement of the main library branch in Fort Wayne spread to neighboring property, leading to more than $490,000 in cleanup bills. The Court of Appeals ruled Tuesday the library may pursue recovery against contractors it argues are responsible for the leak.
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Defense firm appeals $277M verdict for Humvee maker

October 21, 2013
Dave Stafford
A defense contractor is appealing an Indiana judge’s order that it pay $277 million to the Mishawaka-based manufacturer of Army Humvee military vehicles. The contractor overcharged for armor kits to retrofit the vehicles during the bloodiest days of the Iraq war, the judge ruled.
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Jurists to judge Wabash moot court

October 21, 2013
IL Staff
Indiana Justice Steven David and U.S. District Court Magistrate Judge Debra McVicker Lynch will serve as judges in the finals of the 20th Wabash College Moot Court Competition on Oct. 29, the college and the Indianapolis Association of Wabash men announced Monday.
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Marion Superior judge faces week-long disciplinary case

October 21, 2013
Dave Stafford
A week-long hearing has been set in the disciplinary case against a Marion Superior judge who now faces 47 counts alleging she violated Rules of Judicial Conduct.
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McKinney professor emeritus Harold Greenberg dies

October 18, 2013
IL Staff
Indiana University Robert H. McKinney School of Law professor emeritus Harold Greenberg died Tuesday. Family funeral services were to take place Friday, and a memorial celebration is being scheduled.
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State bar advances pro bono reporting requirement

October 18, 2013
Dave Stafford
Attorneys soon will be required to report the number of pro bono hours of service they provide on an annual basis under a proposal adopted Friday by the Indiana State Bar Association.
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Shares of dissolved corporation is matter to be handled by trial court, COA rules

October 18, 2013
Marilyn Odendahl
A dispute between two brothers over corporate shares left from the dissolution of the family business got a rehearing by the Indiana Court of Appeals, but no reversal.
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Location, location, location determines who has burden of proof

October 18, 2013
Marilyn Odendahl
Looking at the distance in the state statute between the description of the offense and a statutory exception, the Indiana Court of Appeals ruled the defendant had the burden of proof regarding a victim’s age.
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Convincing evidence, conflicting record doom search challenge

October 18, 2013
Dave Stafford
A thief who went from car to car in a hotel parking lot was being watched by a hotel employee, and the credit card and cell phone belonging to guests that police later found on the man was convincing enough that an Indiana Court of Appeals panel discarded claims that the court should have suppressed the result of a search.
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On rehearing, panel rejects double-jeopardy meth conviction claim

October 18, 2013
Dave Stafford
A Shelby County man convicted of possession of methamphetamine and manufacturing was not a victim of double jeopardy, a panel of the Indiana Court of Appeals held on Friday.
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  1. I will be filing a lawsuit in Tippecanoe County for so many violations in a case we became involved in, including failure to contact through mail, Violation of 4th Amendment rights, Violation of Civil Rights, and so on. Even the Indiana Ombudsmen Bureau found violations and I have now received the report and they are demanding further training in Tippecanoe County. I am going to make sure they follow through!!!

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  3. I thought the purpose of the criminal justice center was to consolidate all the criminal services and get them out of downtown to clean up the place. Why in the HELL are the civil courts moving? What a burden to all the downtown law firms. Now we all get to work downtown, but then have to get in a car and COMMUTE to court? Who approved this idiocy?

  4. I drive through the neighborhood whenever I go to the City-County Building or the Federal Courthouse. The surrounding streets are all two way with only two lanes of traffic, and traffic is very slow during rush hour. I hope that enough money has been allocated to allow for improvement of the surrounding streets.

  5. I have had an ongoing custody case for 6 yrs. I should have been the sole legal custodial parent but was a victim of a vindictive ex and the system biasedly supported him. He is an alcoholic and doesn't even have a license for two yrs now after his 2nd DUI. Fast frwd 6 yrs later my kids are suffering poor nutritional health, psychological issues, failing in school, have NO MD and the GAL could care less, DCS doesn't care. The child isn't getting his ADHD med he needs and will not succeed in life living this way. NO one will HELP our family.I tried for over 6 yrs. The judge called me an idiot for not knowing how to enter evidence and the last hearing was 8 mths ago. That in itself is unjust! The kids want to be with their Mother! They are being alienated from her and fed lies by their Father! I was hit in a car accident 3 yrs ago and am declared handicapped myself. Poor poor way to treat the indigent in Indiana!

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