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COA offers suggestion about judicial notice rule

December 29, 2010
Michael Hoskins
A paternity and child custody case has given the Indiana Court of Appeals a chance to examine a newly amended evidence rule for the first time, while simultaneously offering guidance to trial judges about using publicly accessible information to dispose of cases.
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Court rules on farm tractor operation case

December 29, 2010
Michael Hoskins
Farm tractor drivers can’t be charged with driving with a suspended license, but they can be charged with operating a vehicle while intoxicated, according to the Indiana Court of Appeals.
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Governor names two new trial judges

December 29, 2010
Michael Hoskins
Gov. Mitch Daniels has chosen two new judges for the state’s trial bench roster, one of those to succeed the jurist elevated earlier this year to the Indiana Supreme Court.
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COA: Trial judges can't expand timetable on filing appeal notice

December 29, 2010
Michael Hoskins
State trial judges do not have the power to expand the appeal filing timetable outlined by Appellate Rule 9, the Indiana Court of Appeals cautioned today.
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COA: Trust not bound by ISTA employment arbitration clause

December 28, 2010
Michael Hoskins
The Indiana Court of Appeals has ruled that two former leaders in the Indiana State Teachers Association who served as trustees for a legally separate insurance trust can’t force the trust’s governing board to adhere to arbitration clauses outlined in their ISTA employment contracts.
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Panel criticizes late discovery introduction

December 28, 2010
Michael Hoskins
While recognizing that the state’s practice of allowing late introduction of evidence basically rewards attorneys who don’t prepare for trial, the Indiana Court of Appeals looked beyond that practice in a recent decison to how the rules still protect a person’s right to a fair trial.
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Justices accept one criminal case

December 28, 2010
Michael Hoskins
The Indiana Supreme Court has taken an Elkhart County appeal challenging three felony child molesting convictions and an 80-year aggregate sentence.
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Justice wants attorney suspended longer

December 28, 2010
Jennifer Nelson
The Indiana Supreme Court couldn’t agree on the appropriate sanction for an attorney who engaged in an improper ex parte communication with a judge, leaving one judge to argue for at least a 90-day suspension.
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Indianapolis attorney 'trailblazer' for civil rights

December 27, 2010
Jennifer Nelson
The Indianapolis lawyer who worked on several notable cases in Indianapolis history, including a lawsuit which led to the desegregation of Indianapolis Public Schools, died Sunday.
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Lawyers suspended for not complying with CLE requirements

December 27, 2010
IL Staff
The Indiana Supreme Court has suspended 12 attorneys for remaining delinquent regarding compliance with certain continuing legal education requirements for the period ending Dec. 31, 2009.
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Court rules on artificial insemination issues

December 27, 2010
Jennifer Nelson
A divided Indiana Court of Appeals found that a man who donated sperm can be found to be the father of only one of the two children conceived by artificial insemination.
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Justices sharply split on insanity defense case

December 23, 2010
Michael Hoskins
Faults in the state’s mental health system can’t be used to justify an insanity defense being rejected in favor of a different sentence that will keep a person locked up, an Indiana Supreme Court majority ruled.
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New Tax Court judge 'honored and humbled' by appointment

December 23, 2010
Michael Hoskins
A longtime lawyer and tax specialist received an early Christmas gift this week, learning that she’ll be the state’s newest Tax Court judge and the first woman to hold a seat on that bench.
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Governor names new Tax Court judge

December 22, 2010
Michael Hoskins
Gov. Mitch Daniels has chosen attorney Martha Wentworth as the state’s second-ever judge on the Indiana Tax Court.
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Justices order refunds in estate planning UPL case

December 22, 2010
Michael Hoskins
The Indiana Supreme Court is shaking its proverbial finger at a company it found had engaged in the unauthorized practice of law, making it clear that the court’s orders must be followed or non-compliant litigants will be sanctioned.
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Circuit Court reverses insurance case

December 22, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals reversed summary judgment for an insurer on the issue of whether the commercial general policy covered faulty subcontractor work, citing a similar case recently ruled on by the Indiana Supreme Court. The Circuit Court also dealt with an issue surrounding umbrella policies for the first time.
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Tax judge denies state's motion to dismiss

December 22, 2010
Jennifer Nelson
The Indiana Tax Court has denied the state’s motion to dismiss a mother and daughter’s challenge to the jeopardy tax assessments made against them after the state found they didn’t pay taxes on their sales of puppies.
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Judge dissents in denial of rehearing

December 22, 2010
Jennifer Nelson
Indiana Court of Appeals Judge Margret Robb has issued a lengthy dissent from her colleagues’ denial to rehear a case involving the state’s patient compensation fund. After reviewing the case, she believed the appellate court shouldn’t have applied Restatement (Second) of Torts Section 323.
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Court examines statute about paternity, child support

December 21, 2010
Michael Hoskins
The Indiana Court of Appeals ruled on a matter of first impression today, analyzing a specific state statute relating to how a court can cancel child support arrearage after a man’s paternity is vacated based on new genetic testing.
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Justice's first ruling affirms murder convictions, life sentence

December 21, 2010
Michael Hoskins
Indiana Supreme Court Justice Steven David issued his first decision as a member of the state’s highest court, affirming a life without parole sentence in a murder case out of Hamilton County.
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Southern District rules amended

December 21, 2010
IL Staff
Several Local Rules of the United States District Court for the Southern District of Indiana have been amended. The changes are effective Jan. 1.
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6 counties get federal grant for drug courts

December 21, 2010
IL Staff
Drug courts in Delaware, Marion, Monroe, Spencer, Vanderburgh, and Vigo counties will share $1 million from a Bureau of Justice Assistance Drug Court Discretionary Grant, the Indiana Supreme Court announced today. The award will help courts increase graduation rates and lower recidivism.
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High court denies rehearing

December 20, 2010
Jennifer Nelson
A split Indiana Supreme Court has denied rehearing a case involving faulty workmanship being covered under a commercial general liability policy.
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Judge donates SCOTUS items to law school

December 20, 2010
IL Staff
An Indiana Court of Appeals judge has found a new home for his extensive collection of United States Supreme Court memorabilia: Indiana University Maurer School of Law.
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Justices take 3 cases

December 20, 2010
IL Staff
The Indiana Supreme Court has granted transfer to three cases, including one of first impression involving Indiana’s victim-advocate privilege.
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  1. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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