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Indianapolis Bar Foundation awards grant to teen court program

May 30, 2012
IL Staff
The 2012 Impact Fund grant from the Indianapolis Bar Foundation has been given to Reach For Youth – Teen Court to support a part-time teen court coordinator.
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Judges rule on lease dispute involving hospital

May 29, 2012
Jennifer Nelson
The Indiana Court of Appeals concluded that a hospital did owe rent to the property owner for a broken lease involving a third party, but the damages the trial court ordered the hospital pay need to be reconsidered.
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Defendant's fleeing justifies delayed arrest

May 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the revocation of a man’s suspension for probation violations after finding the trial court did not err in ordering the man serve the remainder of his originally suspended sentence.
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COA split on whether judgment on pleadings was proper

May 29, 2012
Jennifer Nelson
In a lawsuit against an attorney, law firm and the firm’s insurer, the Indiana Court of Appeals was divided in its ruling over whether the trial court correctly granted the insurer’s motion for judgment on the pleadings.
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Next round of COA interviews June 4

May 29, 2012
IL Staff
The five semifinalists for the Indiana Court of Appeals will have their second round of interviews the afternoon of June 4.
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Nephews' appeal over estate dispute dismissed

May 25, 2012
Jennifer Nelson
Even though the trial court said its order regarding a petition to set aside a family settlement agreement was final and appealable, it was not, so the Indiana Court of Appeals dismissed an appeal sua sponte.
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Court didn't err in allowing impeachment testimony

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals found the trial court did not err in allowing a police detective to testify as to what a witness told him about a shooting.
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Judges uphold murder conviction

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals found the evidence that a defendant committed murder was overwhelming, so any suppression of a witness’s testimony by the prosecution was no more than a harmless error.
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Court dismisses appeal because order isn't final

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals dismissed sua sponte a man’s appeal of his conviction of and sentence for Class B felony dealing in methamphetamine, because the order he appeals from isn’t a final judgment.
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Accident not covered under insurance policy

May 25, 2012
Jennifer Nelson
A man who was involved in a car accident while riding in his friend’s vehicle lost his appeal in which he argued that his friend’s car was a temporary substitute for his own and he should be entitled to underinsured motorist coverage.
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No error in finding defendant jointly and severally liable

May 25, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the finding that a man was jointly and severally liable for damages following a fight over a girl.
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Shepard to attend 4th commencement

May 25, 2012
IL Staff
Since stepping down from the Indiana Supreme Court in March, former Chief Justice Randall T. Shepard has been busy attending college graduations. On Friday, he will visit his fourth school, New England Law – Boston, and deliver the commencement speech.
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Judges find mortgage company not culpably negligent

May 24, 2012
Jennifer Nelson
In a dispute over which mortgage has priority in a foreclosure action, the Indiana Court of Appeals affirmed summary judgment for the senior mortgage holder. The judges found the doctrine of equitable subrogation applies.
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COA rules on first impression possession of marijuana issue

May 24, 2012
Jennifer Nelson
A woman’s objection over how much marijuana was being attributed to her led the Indiana Court of Appeals to apply for the first time Supreme Court precedent regarding possession of marijuana.
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Legislature announces summer study committees

May 24, 2012
Jennifer Nelson
The Legislative Council of the Indiana General Assembly has assigned the study topics various committees will examine this summer and fall. Some of the areas include creating a centralized department of administrative law judges and review of various Department of Child Services practices.
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122 Indiana courts now on Odyssey

May 23, 2012
IL Staff
With the additions of Henry and Jackson counties to the Odyssey case management system, 41 counties and 122 courts are now hooked into the system.
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Court upholds sentence following threat to school

May 23, 2012
Jennifer Nelson
A father who was upset that he couldn’t talk to his daughter after she was arrested at school for having drugs threatened to come to the school with his “guns blaring.” He was arrested and given a suspended sentence for Class D felony intimidation, which the Indiana Court of Appeals affirmed.
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Woman evicted from apartment denied due process

May 23, 2012
Jennifer Nelson
The Indiana Court of Appeals held that a woman was denied due process in small claims court when the court reporter presided over an initial hearing and ordered the woman to move out of her apartment.
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Trial court ordered to determine if man was diligent in pursuing appeal

May 23, 2012
Jennifer Nelson
The Indiana Court of Appeals held that a man cannot appeal the denial of his petition for post-conviction relief, but the trial court should determine whether the defendant has been without fault and diligent in pursuit of his original appeal of child molesting convictions.
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Justices clarify 'notes on oral arguments' use

May 23, 2012
IL Staff
The Indiana Supreme Court issued an order May 18 informing attorneys that filing of “notes on oral arguments” without leave of court is no longer part of Indiana’s appellate practice.
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Shootings put safety on lawyers' radar

May 23, 2012
Jenny Montgomery
Two separate shootings involving Fort Wayne attorneys highlight the need for lawyers to use common sense when it comes to protecting themselves.
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Dickson values continuity for court

May 23, 2012
Dave Stafford
Indiana’s new chief justice will preside as the Supreme Court faces a 'precarious' future.
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Pro Bono Commission chair sees dramatic drop in funding during term

May 23, 2012
Dave Stafford
Colleagues say Indiana Court of Appeals Judge Melissa May's selflessness and volunteer spirit made her ideally suited for the position.
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Fund will build on Shepard's legacy of promoting diversity

May 23, 2012
Dave Stafford
Former Indiana Chief Justice Randall Shepard’s commitment to diversity will continue thanks to a permanent fund that aims to expand on his pioneering efforts to make the legal profession more reflective of society at large.
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5 make first cut for Court of Appeals vacancy

May 23, 2012
Dave Stafford
A consumer protection official, a public defender, two judges and a law professor are semifinalists for a position on the Indiana Court of Appeals.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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