Latest News

Police not responsible for woman's murder

November 24, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the dismissal of a woman's lawsuit against Vanderburgh County officials following the death of her daughter because there isn't a federal constitutional right to be protected by the government against private violence when the government isn't complicit.
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Commission wants judge suspended now

November 24, 2008
Michael Hoskins
The Indiana Judicial Qualifications Commission agrees with a three-masters panel that a Marion Superior judge should be removed from the bench but wants him immediately suspended while the Indiana Supreme Court considers his final punishment.
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Judgment for prison employees affirmed

November 21, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment in favor of prison employees in an inmate's Eighth Amendment violations suit, finding the inmate's lack of cooperation in providing details of threats against him prohibited the officials from protecting him from an attack by another inmate.
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IU law alumnus gives $2 million for scholarships

November 21, 2008
IL Staff
Indiana University School of Law - Bloomington alumnus Bill Hunt and his wife, Nancy, have donated $2 million to be used to provide scholarships to students working toward a law degree at Indiana Law.
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High court's e-ticket wins first place award

November 21, 2008
IL Staff
The Indiana Supreme Court's electronic Citation and Warning System won first place in the Cygnus 2008 Innovation Award for Software at the International Association of Chiefs of Police Conference in San Diego earlier this month, the court announced today.
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Court sanctions Allen County judge

November 21, 2008
Michael Hoskins
The Indiana Supreme Court has suspended Allen Superior Judge Kenneth R. Scheibenberger for three days without pay as part of an agreement to resolve a judicial misconduct action.
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Ukrainian judges observe Indiana legal system

November 21, 2008
IL Staff
Five Ukrainian judges have been in central Indiana this week examining the U.S. judicial system.
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7th Circuit cautions about propensity inferenceRestricted Content

November 20, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals today affirmed a man's drug convictions with intent to distribute, but questioned how a previous drug conviction showed the man had intent or absence of mistake in the instant case.
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IU Law professor on Obama transition team

November 20, 2008
IL Staff
A professor at Indiana University School of Law - Bloomington has been chosen to serve on President-elect Barack Obama's transition team, the law school announced this week.
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Immigration, foreclosure training in December

November 20, 2008
IL Staff
The Neighborhood Christian Legal Clinic, Heartland Pro Bono Council, and the Indianapolis Bar Association have partnered to provide volunteer training for attorneys who would like to help those in the community with bankruptcy and mortgage foreclosure or immigration issues.
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Woman sues BMV over vanity plate denial

November 19, 2008
Jennifer Nelson
The Indiana Bureau of Motor Vehicles is again involved in a lawsuit involving the use of "God" on a license plate.
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Man not fired for being 'whistle-blower'

November 19, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a plaintiff's former company, finding no evidence the company fired him in retaliation for being a whistle-blower.
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Statute must be followed in all CHINS cases

November 18, 2008
Jennifer Nelson
The Indiana Court of Appeals today affirmed the involuntary termination of parental rights of a mother and father, but cautioned the Marion County Department of Child Services to continue to follow the statutory procedures in child in need of services cases and termination cases even if a court determines reunification efforts aren't required.
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Lecture to discuss judicial divide

November 18, 2008
IL Staff
A contemporary expert on sociological jurisprudence will discuss the formalist-realist judicial divide at Valparaiso University School of Law's 26th annual Edward A. Seegers Lecture Dec. 4.
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Students re-enact slavery case

November 17, 2008
IL Staff
A play documenting a young black woman's struggle for freedom in Indiana nearly 200 years ago will be presented at the Indiana Statehouse Tuesday as an educational tool for students.
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Court reverses joint tenancy interest ruling

November 17, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a finding that a mother and her daughter and son-in-law each held a one-half joint tenancy in a property, finding the parties actually held one-third undivided interest as joint tenants.
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COA rules on 'In God We Trust' plate suit

November 17, 2008
Jennifer Nelson
Not charging an administrative fee for Indiana's "In Got We Trust" license plates doesn't violate the state constitution, affirmed the Indiana Court of Appeals today in an unpublished decision.
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Future SCOTUS justices topic of event

November 17, 2008
IL Staff
With at least two anticipated vacancies on the United States Supreme Court within the next four years and numerous more vacancies at the Circuit and District Court levels, President-Elect Barack Obama will possibly appoint two U.S. Supreme Court justices in his first term in office.
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Adjudications don't violate double jeopardy

November 15, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed that double jeopardy violations can be applicable to juveniles, but denied reversing a girl's adjudications because there were no violations in her case.
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Prior conviction counts in sentencing decision

November 14, 2008
Michael Hoskins
A prior drunk-driving conviction - reached pursuant to a state statute now repealed and recodified in a newer law - can be used in determining a person's sentence, the Indiana Court of Appeals ruled today.
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Panel to discuss U.S.-China trade relations

November 14, 2008
IL Staff
A three-person panel will discuss U.S.-China trade relations at the Indiana University School of Law - Bloomington next week.
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Justices analyze occurrence-based limitations

November 13, 2008
Jennifer Nelson
Two Indiana Supreme Court justices dissented from the majority today in two medical malpractice suits because they believed the majority's reasoning behind the decisions that both plaintiffs' claims are time-barred would foster suspicion and doubt between health-care providers and their patients.
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Court orders re-trial after jury instruction error

November 13, 2008
Jennifer Nelson
The Indiana Court of Appeals has ordered a re-trial for a man convicted of attempted murder after ruling today the trial court failed to properly instruct the jury on accomplice liability.
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COA voids Terre Haute's 2007 mayoral election

November 13, 2008
Michael Hoskins
The man elected Terre Haute's mayor was ineligible because of federal law to become a candidate or assume office, the Indiana Court of Appeals ruled today on an issue of first impression. As a result, a special election is needed to fill the vacancy.
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Chilean judge, ambassador visit ND law school

November 13, 2008
IL Staff
The first judge to prosecute former Chilean dictator Augusto Pinochet and an ambassador and special envoy to Sudan will speak at the Notre Dame Law School Friday.
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  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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