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COA finds man initiated communication with detective

March 2, 2012
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of a defendant’s motion to suppress an incriminating statement to a detective because the defendant initiated the discussion and understood his Miranda rights before speaking.
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Shepard to be focus of 2 public radio broadcasts

March 2, 2012
IL Staff
Indiana Chief Justice Randall T. Shepard will be on WFYI Public Radio’s “No Limits” program the week of March 5 as the show takes a look at his legacy.
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Governor has met with Supreme Court finalists

March 2, 2012
Michael Hoskins
Indiana Governor Mitch Daniels wants to move quickly on appointing the state’s next Indiana Supreme Court justice. He has already met with the three finalists who are vying for that position.
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Attorney general suing Super Bowl home rental companies

March 2, 2012
IL Staff
Indiana Attorney General Greg Zoeller filed lawsuits Thursday against two Arizona-based home rental companies for scamming residents.
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7th Circuit ponders search of cell phone

March 1, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals, which likened modern cell phones to computers, had to decide whether police could search a man’s phone for the phone’s number without a search warrant.
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Judges affirm ruling in favor of Jeep dealer

March 1, 2012
Jennifer Nelson
The Indiana Court of Appeals has ruled in favor of a southwestern Indiana car dealer being sued by a customer for injuries in a car accident under the Indiana Products Liability Act after Chrysler LLC filed for bankruptcy.
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Attorneys needed to provide legal advice to homeless

March 1, 2012
IL Staff
The Neighborhood Christian Legal Clinic is looking for attorneys to volunteer during the 2012 Indy Homeless Connect event April 11 at the Indiana Convention Center in Indianapolis.
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Power of attorney, Allen County magistrate bills ready for enrollment

March 1, 2012
Jennifer Nelson
Legislation that deals with power of attorney and that would give Allen Circuit Court a second full-time magistrate have made it through both houses of the Indiana Legislature.
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Parents cannot each recover under policy's underinsured motorist provisions

February 29, 2012
Jennifer Nelson
The parents of a teenager killed in a crash during a drag race cannot recover funds in their individual capacities under their automobile insurance underinsured motorist provisions, the Indiana Court of Appeals concluded.
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Appellate court overturns sexual battery conviction

February 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has reversed a man’s conviction of Class D felony sexual battery because the defendant’s actions don’t qualify for sexual battery under Indiana statute. It ordered the man be convicted of Class B misdemeanor battery.
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Judges rule in favor of California attorney in Simon case

February 29, 2012
Jennifer Nelson
A divided Indiana Court of Appeals has reversed the decision of a Marion Superior judge that denied a California attorney’s motion to dismiss a defamation lawsuit filed by Herbert and Bui Simon for lack of personal jurisdiction. The lawsuit stems from comments the attorney made to an Indianapolis television station regarding lawsuits involving the Simons.
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Judges affirm dismissal for lack of subject matter jurisdiction

February 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has upheld the decision by a trial court to dismiss a company’s state law claims against a labor union, finding those claims are preempted by a decision of the National Labor Relations Board.
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Law professor tapped to tackle vacant property issues

February 29, 2012
IL Staff
Notre Dame Law School professor James Kelly will co-chair a task force with South Bend Mayor Pete Buttigieg that will look at ways to address the problems created by the city’s vacant and abandoned properties.
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COA: agency's claim for Medicaid reimbursement allowed

February 29, 2012
Jennifer Nelson
The Indiana Court of Appeals has found that a trial court erred in concluding that the Family and Social Services Administration’s preferred claim for reimbursement of Medicaid benefits against an estate was not timely filed.
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Leaders beyond the office

February 29, 2012
Jenny Montgomery
The Indiana State Bar hopes new leadership program will encourage lawyers to take on a more active role in communities.
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On watch for scams

February 29, 2012
Michael Hoskins
Attorneys see a rise in the amount of fraudulent notices clients receive.
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Indiana justice finalists named

February 29, 2012
Michael Hoskins
Gov. Mitch Daniels will select next justice from a pool of two men, one woman.
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Disclosing environmental violations

February 29, 2012
Case involving a pork producer was first test of law enacted in 2009.
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Bankruptcy discharge pushed for school debt

February 29, 2012
Jenny Montgomery
Delinquent borrowers may be relieved to learn that student loan default – unlike espionage and treason – is not punishable by death. But defaulting on a student loan can have disastrous effects on a borrower’s personal credit and lead to a lifetime of financial difficulties.
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Poor economy, other factors leading to new economic crisis

February 29, 2012
Jenny Montgomery
Rising tuition, combined with a long recession where many people have had difficulty finding work, means more students are relying on student loans. In 2011, overall student borrowing surpassed $1 trillion for the first time.
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Students, attorneys learn about historic Dred Scott case

February 28, 2012
IL Staff
A U.S. Supreme Court decision from 155 years ago that helped ignite the Civil War came to life again Tuesday in the Indiana Supreme Court and a nearby university as part of a Black History Month observation to teach students and attorneys about the importance of the Dred Scott decision on constitutional rights.
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ALA to present workplace wellness seminar

February 28, 2012
IL Staff
The Association of Legal Administrators, Indiana Chapter, will hold a seminar March 14 about how to successfully implement workplace wellness plans.
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Divided court affirms liability in 'courtesy wave' case

February 28, 2012
Jenny Montgomery
In a case of first impression, the Indiana Court of Appeals has affirmed a trial court’s grant of summary judgment in favor of a motorcyclist injured in a crash. One judge disagreed with the majority decision, stating the opinion is contrary to sound public policy.
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COA finds double jeopardy in DeLaney attacker's case

February 27, 2012
Michael Hoskins
The Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.
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Court properly preserved home habitability claim

February 27, 2012
Michael Hoskins
The Indiana Court of Appeals has found that a Clark County case can continue involving claims against a home construction company. The former homeowners allege that the company defectively built their home and that mold and water damage occurred, leading to loss of habitability.
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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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