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COA affirms Lake County early-voting sites

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals late this afternoon has affirmed a preliminary injunction allowing the operation of three early-voting locations in Lake County. In John B. Curley, et al. v. Lake County Board of Elections and Registration, et al., No. 45A03-0810-CV-512, the appellate court held the trial court's order wasn't clearly erroneous when the court determined the offices of the Circuit Court Clerk in Hammond, East Chicago, and Gary are not "satellite" offices and that Indiana Code Section 3-11-10-26(a)(1) doesn't restrict the...
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Improperly fastened seatbelt can lead to stop

January 1, 2008
Jennifer Nelson
Front-seat passengers in cars must have their seatbelts properly fastened when the car is in motion, meaning the lap belt must be fastened and the shoulder belt across his or her shoulder, the Indiana Court of Appeals ruled today. The appellate court examined Indiana Code Section 9-19-10-2 to come to the conclusion that to avoid being stopped by a police officer for a seatbelt violation, a person must have both the lap and shoulder harnesses fastened and placed properly on the...
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Responses for Tinder investiture due April 4

January 1, 2008
IL Staff
Indiana State Bar Association members have until April 4 to RSVP to attend the investiture of Judge John D. Tinder as a circuit judge for the 7th Circuit Court of Appeals. The investiture will be at 2:30 p.m. April 11 in the William E. Steckler Ceremonial Courtroom in the Birch Bayh Federal Building and United States Courthouse, 46 E. Ohio St., Indianapolis. A reception at the Columbia Club, 121 Monument Circle, Indianapolis, will immediately follow the ceremony. The ISBA is now...
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Paper wants judge to set aside libel verdict

January 1, 2008
Jennifer Nelson
A Terre Haute newspaper is asking the judge who presided over a libel trial against the paper to set aside the $1.5 million jury verdict. The Tribune-Star Publishing Company Inc., which produces the Terre Haute Tribune-Star, filed its 39-page brief to support a motion to correct errors Aug. 22 in Sullivan Circuit Court.In July, a jury awarded Clay County Sheriff's Deputy Jeff Maynard $500,000 in compensatory damages and $1 million in punitive damages in his defamation suit against the newspaper, Jeff...
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New chief defender chosen

January 1, 2008
Michael Hoskins
Indianapolis defense attorney Robert J. Hill Jr. is poised to be the next top public defender in the state's largest county.The Marion County Public Defender Agency's governing board voted March 12 for him to lead the agency after David E. Cook resigns for private practice in mid-April. Cook notified the nine-member board of his decision in December to leave the office after 13 years at the helm, setting in motion a search for his successor.To help facilitate the transition, Cook agreed today to...
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Senator facing health concerns

January 1, 2008
IL Staff
Indiana Senate assistant majority floor leader and attorney Sen. David Ford, R-Hartford City, is hospitalized and awaiting news from his doctors regarding his health.Ford, 58, was hospitalized Jan. 15 in Fort Wayne and underwent surgery Jan. 18, the same day he and Rep. Jeff Espich, R-Uniondale, announced they would postpone town hall meetings scheduled for Jan. 19.A four-term senator, Ford represents Senate District 19, which covers Adams, Allen, Blackford, Grant, and Wells counties. He chairs the Technology Subcommittee of the Senate...
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Supreme Court dismisses moot appeal

January 1, 2008
IL Staff
The Indiana Supreme Court Feb. 26 granted transfer and dismissed a case involving state officials who violated the law by not following the public bidding process when they attempted to privatize a Fort Wayne development center that housed developmentally disabled adults. In Anita Stuller, et al. v. Mitchell E. Daniels, Jr., et al., No. 02A05-0601-CV-22, the high court dismissed the case as moot "because of events that transpired after the appeal was initiated," according to the order.The development center at issue in the...
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Death penalty film, discussion Thursday

January 1, 2008
IL Staff
The death penalty is the topic of a film screening and discussion May 22 presented by the Indiana Coalition Acting to Suspend Executions (InCASE), Indiana University School of Law -Indianapolis' Law Students Against Capital Punishment, and the Independent Film Channel. The film, "At the Death House Door," is a personal and intimate look at the death penalty in Texas from the perspective of Carroll Pickett, a pastor who served 15 years as the death house chaplain in a Huntsville prison unit and presided...
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Grant available for Family Court Project

January 1, 2008
Jennifer Nelson
A one-year grant of up to $40,000 is available to launch a Family Court Project. The grant is an opportunity for county governments to get funding for a project that provides judicial coordination of multiple cases involving the same family. Last year, only two new projects received funding for the 2008 year, so the Indiana Supreme Court had an extra $40,000 to include in the 2009 budget, said Loretta Olesky, Family Court manager. Typically, the grants run on two-year cycles; however,...
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Judge crosses out cell tower dispute

January 1, 2008
Michael Hoskins
A federal suit is going back to Jeffersonville to decide whether a wireless carrier can put up a cell tower disguised as a Baptist church cross.U.S. District Judge Sarah Evans Barker Thursday remanded the case Sprint Spectrum v. City of Jeffersonville Board of Zoning Appeals, No. 4:05-cv-00154-SEB-WGH, issuing a final judgment and denying cross-motions for summary judgment from both parties. The nearly three-year-old suit was filed in the Southern District of Indiana New Albany Division.Sprint wanted to build a "stealth facility"...
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Judge dismisses prisoner suit

January 1, 2008
Michael Hoskins
A federal judge in Fort Wayne has dismissed a pro se complaint against a local sheriff and jail officials because it doesn't adequately state a claim to recover for alleged sexual harassment during a weapons strip search.U.S. District Judge Philip Simon ruled in Nathan W. Romine v. Nick Yoder, et al., No. 1:08-CV-036 PS, which involved a suit from an Adams County Law Enforcement Center inmate. Romine said he was sexually harassed at the jail during a strip search for...
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Justices: MySpace use not harassment

January 1, 2008
Michael Hoskins
A teenager's use of the social networking site MySpace.com didn't rise to the level of harassment because her expletive-laden postings criticizing her principal about school policy weren't available to everyone online, the Indiana Supreme Court has ruled.In a unanimous ruling late Tuesday afternoon, the state's five justices agreed to reverse a lower court's decision in A.B. v. State of Indiana, No. 67S01-0709-JV-373.While the case presented justices with a chance to explore free speech rights as they pertain to online activity in...
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Judge penalizes no-show juror

January 1, 2008
Michael Hoskins
A Lake County criminal court judge took a former juror to task Tuesday for skipping jury duty during a murder trial this spring.Superior Judge Thomas Stefaniak Jr. found a 20-year-old Cedar Lake resident in contempt of court and sentenced him to three hours in the county jail, as well as ordering him to carry a 24-inch by 24-inch sign saying "I failed to appear for jury duty" from 7:30 to 9 a.m. Monday outside the Crown Point courthouse.That will be a warning...
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Courts can review public school financing

January 1, 2008
Michael Hoskins
Hoosier courts have the authority to review the state's school financing formula to determine whether Indiana is meeting a constitutional requirement to provide a quality public education for all students, the Indiana Court of Appeals ruled May 2.A 2-1 ruling from the COA revives the public education financing case of Joseph Bonner, et al. v. Mitch Daniels, et al., No. 49A02-0702-CV-188, which presents an issue of first impression. Nine public school students and their families from eight different school systems throughout the...
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Justices find ineffective assistance in case

January 1, 2008
Michael Hoskins
The Indiana Supreme Court has determined an appellate attorney rendered ineffective assistance in an Evansville kidnapping case that resulted in a police dog being fatally shot 10 years ago.A unanimous court ruled Feb. 27 in Antwain Henley v. State of Indiana, No. 82S05-0701-PC-31, which comes from a Vanderburgh County case at the post-conviction relief stage involving a pro se litigant. The Court of Appeals panel issued a ruling in October 2006, reversing and holding in favor of the defendant Henley, and remanding for a new...
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Court: delayed rape conviction OK

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed a defendant's rape conviction, finding his due process rights weren't violated when charges were filed in 2005 for a rape that happened nearly 25 years earlier. In Thomas N. Schiro v. State of Indiana, No. 10A01-0701-CR-21, Thomas Schiro appealed his conviction of felony rape, arguing the trial court erred by denying his motion to dismiss the charges brought against him in 2005 for two rapes that occurred in 1980 and by admitting his written sexual...
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Hearing set in Lake County early-voting case

January 1, 2008
IL Staff
Special Judge Diane Kavadias Schneider has set a hearing for the consolidated Lake Circuit Court and Lake Superior Court cases involving early-voting sites, according to Indiana Supreme Court spokesperson Kathryn Dolan. The hearing is scheduled for 10 a.m. CDT Oct. 20 in Courtroom 1, 232 Russell St., Hammond. The Indiana Supreme Court appointed Lake Superior Judge Schneider as special judge Thursday to resolve the dispute between the Lake County courts as to whether satellite early-voting sites should be allowed to be...
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Convict fights tooth and nail, loses on the tooth

January 1, 2008
Michael Hoskins
A tooth is considered a "bodily member or organ" within the definition of the state's aggravated battery statute, the Indiana Court of Appeals ruled March 7.Deciding a case of first impression in Derrick C. Smith v. State of Indiana, No. 45A03-0708-CR-357, the appellate court ruled that a Lake Superior judge properly determined that enough evidence existed to support Smith's conviction under the state's aggravated battery statute.Incarcerated at the Lake County Jail in August 2006, Smith and another inmate overpowered a jail...
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Court decides 2 disputed land cases

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals ruled on two cases today involving disputed tracts of land on lakefront properties and adverse possession in Kosciusko County. In Daisy Farm Limited Partnership v. Michael and Jill Morrolf, No. 43A04-0707-CV-390, the appellate court reversed the trial court judgment in favor of Michael and Jill Morrolf that a disputed tract of land didn't pass to Daisy Farm by virtue of adverse possession. Daisy Farm and its predecessors owned the lot adjoining the Morrolfs' in a neighborhood located...
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Plan: protect educators who discipline students

January 1, 2008
Michael Hoskins
Indiana Gov. Mitch Daniels wants more legal protection for educators who discipline students to keep order in their schools.A news release issued this morning announced the governor's plans to work with lawmakers in the coming legislative session to pass a law providing legal immunity for those teachers and school staff members who, in good faith, discipline students. He also wants the Indiana Attorney General's Office to use its statutory authority to defend any teacher who becomes the target of unreasonable litigation.The...
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Court: Official can take office once bonded

January 1, 2008
Jennifer Nelson
Elected public officials who haven't secured bond by the date they are to take office can begin their elected position once they have obtained the bond, ruled the Indiana Court of Appeals.At issue in Tom Shetler Sr. and Suzan Nicholson v. Linda K. Durham, No. 82A01-0706-CV-273, is whether Durham can hold office as elected trustee of Knight Township even though she failed to secure bond by her official start date. Durham was elected trustee in November 2006 and met with the incumbent...
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Marion County inspector training at IBA

January 1, 2008
IL Staff
The Marion County Clerk's office will hold an inspector training session at the Indianapolis Bar Association April 21 for people interested in becoming an inspector, precinct clerk, or precinct judge for the May 6 primary. Marion County Clerk Beth White will conduct the training session from 1:30 to 4:30 p.m. at the IBA's office, 107 N. Pennsylvania St., Suite 200, Indianapolis. The training session offers three free hours of CLE credit for any attorney who has signed up to be an...
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Magistrate named for Southern District

January 1, 2008
Jennifer Nelson
An Indianapolis attorney is the new magistrate judge for the U.S. District Court, Southern District of Indiana.Debra McVicker Lynch, of counsel at Taft Stettinius & Hollister, fills the position left empty after Judge William T. Lawrence was elevated to Article III judgeship July 1. Lynch said she is elated and honored that the court expressed its confidence in her to select her as magistrate judge. Although she has enjoyed her time in private practice, she said she's aspired to be a...
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Notre Dame Law receives $15 million gift

January 1, 2008
IL Staff
The Notre Dame Law School building will get a new name as a result of an alumnus who has donated $15 million to the school.Robert F. Biolchini, and his wife, Frances, donated the money to the school to help underwrite the renovation of the building. After renovations are finished, the building will be renamed Biolchini Hall. Renovations include an expanded Krege Law Library, two new 50-seat classrooms, new space for the Notre Dame Law Review, and new offices and workspace for...
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Court can determine when defendant testifies

January 1, 2008
Jennifer Nelson
Defendants have the constitutional right to testify at trial, but they do not have the right to dictate when they take the stand, the Indiana Court of Appeals ruled Feb. 25.At issue in Kevin Book v. State of Indiana, No. 49A05-0707-CR-385, is whether the trial court violated Book's Fifth and Sixth Amendment rights when he was allegedly compelled to make a decision whether to testify at a particular time during his trial. Book was accused of smothering to death his girlfriend's 20-month-old...
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  1. Such things are no more elections than those in the late, unlamented Soviet Union.

  2. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  3. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  4. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  5. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

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