Latest News

7th Circuit reverses ruling on police excessive force

April 16, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has decided that a prisoner should have the chance to proceed on a federal claim of police using unreasonable force during and after his arrest for which he's been convicted at the state level.
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Justices reaffirm precedent on worker's comp claims

April 16, 2010
Michael Hoskins
The Indiana Supreme Court has upheld a decision by the state Worker's Compensation Board dismissing an injured trucker's claim, finding the employee's settlement with a third-party driver voided whatever responsibility the company had on the issue.
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Court: Medical record loss is negligence

April 16, 2010
Michael Hoskins
If a hospital or provider loses records so that a patient can't pursue a medical malpractice case, the Indiana Court of Appeals says state law allows that person to pursue a separate civil action for spoliation of evidence.
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COA decides sex offender registration plea case

April 16, 2010
Michael Hoskins
The Indiana Court of Appeals today declined to ignore a year-old precedent from the state's highest court about sex offender registration, finding that the ruling still applies to cases where an offender once signed a plea agreement requiring him to follow lesser registration requirements.
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COA rules on first impression railroad issue

April 15, 2010
Jennifer Nelson
In an issue of first impression, the Indiana Court of Appeals concluded a Federal Employer Liability Act claim premised on unsafe ballast isn't precluded by Federal Railroad Safety Act regulations of ballast in a man's suit for injuries he sustained while employed with a transportation company.
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U.S. News & World Report ranks law schools

April 15, 2010
Michael Hoskins
An annual report ranking the nation's law schools put Indiana's programs much in the same position as they were last year in terms of tuition and enrollment.
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Jury not properly instructed at man's trial

April 15, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a defendant's convictions of battery and resisting law enforcement, and disorderly conduct because the jury wasn't properly instructed about the man's defense of the right to reasonably resist unlawful entry into his home.
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Justices rule on in-state, out-of-state police actions

April 15, 2010
Michael Hoskins
The Indiana Supreme Court has upheld its own law enforcement practices, but leaves those of Alabama's police and judiciary out in the cold.
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Brizzi regrets perception damage

April 14, 2010
Michael Hoskins
If he had it to do over again, Marion County Prosecutor Carl Brizzi said he wouldn't get involved in a real estate deal with a local criminal defense attorney.
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COA: Inmate must pay filing fees

April 14, 2010
Rebecca Berfanger
The Indiana Court of Appeals has ruled today on another case filed by a New Castle Correctional Facility inmate who had filed at least 50 civil actions.
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Valparaiso law professor recognized for consumer advocacy

April 14, 2010
Rebecca Berfanger
A Valparaiso University School of Law professor was among three professors and four members of Congress honored with the Champion of Consumer Rights Award by the National Association of Consumer Bankruptcy Attorneys Tuesday.
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Justices rule on trust mill UPL case

April 14, 2010
Michael Hoskins
The Indiana State Bar Association has won an unauthorized practice of law action against an estate planning services company, but wasn't able to completely sway the state's highest court that all "costs and expenses" should be completely granted for the prosecution of the case.
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Judicial Center education director to retire

April 13, 2010
Michael Hoskins
The longtime education director for the Indiana Judicial Center is retiring at the end of April, capping a career that's given her the chance to develop and put in place countless instructive programs for the state's judiciary.
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Ex-racer loses appeal on Porsche ownership

April 13, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has issued its take on an ownership dispute over a classic 1979 Porsche on display at the Indianapolis Motor Speedway Foundation's Hall of Fame Museum.
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Indiana chief justice getting national award

April 13, 2010
Michael Hoskins
Indiana Supreme Court Chief Justice Randall T. Shepard will receive a prestigious award from the American Judicature Society, recognizing his judicial excellence in the state.
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Court denies request for emancipation, child support change

April 13, 2010
Michael Hoskins
In deciding whether a father's child support requirement should be modified or ended, the Indiana Court of Appeals refused to adopt new reasoning that any child attending college could be deemed emancipated if that child didn't live in the custodial parent's home.
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National accountability group accredits NCLC

April 12, 2010
IL Staff
The Neighborhood Christian Legal Clinic receives accreditation from national group.
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Court reverses handgun conviction

April 12, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed today a defendant's conviction of carrying a handgun without a license because the circumstantial evidence doesn't support that the man had the requisite intent to constructively possess the gun.
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AG objects to East Chicago settlement

April 12, 2010
IL Staff
The Indiana Attorney General has filed an objection to a City of East Chicago deal with Second Century, a for-profit company that has received casino money, that would settle a lawsuit between the parties.
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Law professor ends 15-month nomination battle

April 12, 2010
Michael Hoskins
On a historic day when a longtime U.S. Supreme Court justice announced his retirement and an Indianapolis judge marked his investiture to the 7th Circuit Court of Appeals, an Indiana law professor withdrew her name from consideration for a post with the Department of Justice.
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Inconsistent jury verdicts not reviewable

April 9, 2010
Jennifer Nelson
Inconsistent, contradictory, or irreconcilable jury verdicts in criminal cases aren't available for appellate review, the Indiana Supreme Court held Thursday.
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High court upholds life sentence

April 9, 2010
Jennifer Nelson
The Indiana Supreme Court upheld a man's sentence of life in prison, noting the defendant's numerous opportunities to reform, but that he continued to commit crimes.
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Debate tackles film piracy

April 8, 2010
IL Staff
The student chapter of the Federalist Society at Indiana University Maurer School of Law ­- Bloomington and the Intellectual Property Association student group will co-host the final John Templeton Series Debate on film piracy.
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SCOTUS chief visits law school

April 8, 2010
Rebecca Berfanger
The chief justice of the United States talked about the history of the Supreme Court to a full house Wednesday night at Indiana University School of Law - Indianapolis and took audience questions at the annual James P. White Lecture on Legal Education.
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Candidate wants prosecutor to step down

April 7, 2010
Cory Schouten
Marion County Republican prosecutor candidate Mark Massa has called on Marion County Prosecutor Carl Brizzi, also a Republican, to step down in the wake of a five-month-long Indianapolis Business Journal investigation.
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  1. Diocese of Fort Wayne-South Bend in December, but U.S. District Judge Robert Miller later reduced that to about $540,000 to put the damages for suffering under the statutory cap of $300,000.

  2. I was trying to remember, how did marriage get gay in Kentucky, did the people vote for it? Ah no, of course not. It was imposed by judicial fiat. The voted-for official actually represents the will of the majority in the face of an unelected federal judiciary. But democracy only is just a slogan for the powerful, they trot it out when they want and call it bigotry etc when they don't.

  3. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  4. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  5. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

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