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SCOTUS denies Indiana wine case

May 18, 2009
Michael Hoskins
The Supreme Court of the United States won't consider whether Indiana's wine shipping law is constitutional by requiring in-person contact before any direct delivery is allowed.
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Federal Circuit converges on Indianapolis

May 18, 2009
Michael Hoskins
The 7th Circuit Court of Appeals has kept up with a trend of publishing more written opinions than any other federal court, and one of the most significant happenings in the past year is the recent resurrection of inviting lower trial judges to sit by designation on appeals panels.
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Judges differ in non-compete agreement case

May 18, 2009
Jennifer Nelson
In a legal dispute regarding a non-compete agreement, the Indiana Court of Appeals judges disagreed as to whether the agreement could be enforced if the former employee's clients voluntarily left and contacted him to continue to be their accountant.
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AG discusses settlement of mortgage lender suit

May 15, 2009
Michael Hoskins
A civil deceptive practices suit against the former Countrywide Home Loans has ended with a $2.83 million settlement, as well as other components designed to address the state and country's mortgage foreclosure crisis.
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Indianapolis judge's nomination vote set

May 15, 2009
Michael Hoskins
The Senate Judiciary Committee plans to vote next week on U.S. Judge David Hamilton's nomination for the 7th Court of Appeals.
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COA: Manufactured home subject to law

May 15, 2009
Jennifer Nelson
The Indiana Court of Appeals determined that manufactured mobile homes are subject to Indiana's common law warranty of habitability, so it reversed the grant of summary judgment in favor of a manufacturer in a homeowner's property damage and personal injury complaint.
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Gov. appoints Madison Superior judge

May 15, 2009
IL Staff
Attorney David A. Happe is the new judge of Madison Superior Court IV.
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BMV policy needed to prevent identity theft

May 15, 2009
Jennifer Nelson
The inconvenience of a few Hoosiers outweighs the very real threat of identity theft, so the trial court was correct in denying a preliminary injunction against the Bureau of Motor Vehicle's verification of records using Social Security Administration data, the Indiana Court of Appeals ruled today.
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Justices rule on uninsured motorist statute

May 14, 2009
Jennifer Nelson
In an issue of first impression, the Indiana Supreme Court had to decide whether an insurance company's uninsured motorist policy - which requires the bodily injury be sustained by an insured - violates the state's uninsured motorist statute and is unenforceable.
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COA: No preliminary injunction against casinos

May 14, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges agreed a city isn't entitled to a preliminary injunction to order riverboat casinos to make payments to the city, but the judges disagreed as to why the city didn't meet its burden to prove an injunction was necessary.
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Judicial merit-selection override a possibility

May 14, 2009
Michael Hoskins
The state's top executive has rejected the idea of scrapping merit selection in St. Joseph County, but it remains unclear whether lawmakers will attempt to override that veto during a special session.
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COA: Just running red light not reckless

May 13, 2009
Jennifer Nelson
Ruling on the issue for the first time, the Indiana Court of Appeals held that not stopping at an intersection cannot, without more evidence, constitute criminally reckless conduct and establish a prima facie case.
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Statewide system debuts in City Court

May 13, 2009
Michael Hoskins
Greenwood City Court is the state's first city or town court to start using a tool that will eventually connect all of Indiana courts' case management systems.
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Jury instruction requires new damages trial

May 12, 2009
Jennifer Nelson
A jury instruction the Indiana Court of Appeals found to incorrectly state the law required the court to remand for a new trial on damages in a negligence suit.
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Prosecutor faces disciplinary charges

May 12, 2009
Michael Hoskins
Delaware County Prosecutor Mark R. McKinney faces disciplinary charges that he violated four professional conduct rules stemming from his role as a private attorney on civil forfeiture matters related to the criminal defendants he handled as a deputy prosecutor on behalf of the state.
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COA reverses decree award of military benefits

May 12, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a portion of a divorce decree awarding some of the husband's military benefits and housing allowance to his wife because the separation agreement excluded granting the wife any rights to them.
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Second Cinergy trial starts in Indy

May 12, 2009
Michael Hoskins
A second clean-air violation trial is underway in Indianapolis about whether coal-fired power plant modifications triggered a need for new pollution-control equipment at facilities in Indiana and Ohio.
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7th Circuit: No attorney conflict of interest

May 11, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the denial of a drug offender's petition for habeas corpus, ruling his attorney didn't render ineffective assistance of counsel when he also represented other co-defendants on the same drug charges.
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Court reprimands attorneys for trade-name use

May 11, 2009
Jennifer Nelson
Three attorneys who practiced separately but advertised as an LLC were publicly reprimand by the Indiana Supreme Court for violating several Indiana Professional Conduct Rules by not letting clients know they didn't practice law as a firm.
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Annual labor relations seminar May 15

May 11, 2009
IL Staff
Attorneys interested in learning more about labor and employment law issues, while earning CLE credit, can still register for the 30th annual seminar on labor-management relations May 15 in Indianapolis.
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Suspended judge returns to bench

May 11, 2009
IL Staff
Marion Superior Judge Grant Hawkins, who was suspended earlier this year without pay, returned to the bench today.
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Governor gives teachers more legal protection

May 11, 2009
Michael Hoskins
Hoping to curb frivolous lawsuits against teachers and schools, Gov. Mitch Daniels signed into law today legislation that he describes as being the strongest in the nation on protecting teachers from student discipline litigation.
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Speech to focus on Indiana church-state issues

May 11, 2009
IL Staff
Ken Falk, legal director of the ACLU of Indiana, is the guest speaker for the Indiana Chapter of Americans United for Separation of Church and State's spring event.
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Deputy prosecutor fired after arrest

May 8, 2009
Jennifer Nelson
A deputy Madison County Prosecutor has been fired following her arrest for allegedly driving drunk. Deputy Prosecutor Janine L. Sutton was arrested for operating while intoxicated, a Class A misdemeanor.
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Indicted judge to be suspended

May 8, 2009
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has filed a notice with the Indiana Supreme Court for a request of suspension of LaPorte Superior Judge Jennifer Koethe, who was indicted Thursday for attempted obstruction of justice stemming from a shooting incident at her home in December.
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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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