Legal News

Securities law conference Oct. 18

October 10, 2011
IL Staff
The Indiana Continuing Legal Education Forum will host a conference on securities law from 8:30 a.m. to 4:30 p.m. Oct. 18 at the ICLEF Conference Facility, 230 E. Ohio St., 5th floor, Indianapolis.
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Deadline approaching for criminal justice grant

October 10, 2011
IL Staff
On Sept. 30, the Bureau of Justice Assistance announced an award of $4,423,859 for the Indiana Criminal Justice Institute Edward Byrne Memorial Justice Assistance Grant (JAG). The deadline to apply for JAG funds is Oct. 31.
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COA affirms jury's rejection of insanity defense

October 7, 2011
Jenny Montgomery
The Indiana Court of Appeals has sided with a jury in rejecting a man’s insanity plea, holding that even when crimes seem horrific and senseless, that does not mean the perpetrator is legally insane.
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'Best Practices' will not advance to rulemaking stage

October 7, 2011
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard signed an order Oct. 7 stating that rather than advance the Mortgage Foreclosure Best Practices to the rulemaking stage, the court will oversee the guidelines, updating them as needed.
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Attorney must register as a sex offender

October 7, 2011
Jennifer Nelson
An attorney and former Democratic candidate for Gibson County prosecutor indicted on charges including possession of child pornography and false informing, entered into a plea agreement Tuesday that wouldn’t have required he register as a sex offender. After further review, the trial judge realized Indiana law requires him to do so.
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New bankruptcy rules effective Oct. 11

October 7, 2011
IL Staff
The United States Bankruptcy Court, Southern District of Indiana, issued an order Oct. 5 amending local bankruptcy rules.
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COA: Remonstrators didn't request timely stay of annexation

October 6, 2011
Jennifer Nelson
The Indiana Court of Appeals upheld the dismissal of remonstrators’ challenge to annexation of land by the city of Evansville, finding the issue to be moot because the annexation has already been completed.
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Deputy owed no duty to warn of icy road

October 6, 2011
Jennifer Nelson
A county sheriff’s department that doesn’t own, maintain or control a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway, the Indiana Supreme Court ruled Thursday.
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New fee allows for online payment of traffic tickets

October 6, 2011
IL Staff
The Indiana Supreme Court Division of State Court Administration has created an electronic system fee to allow people the ability to pay online for a traffic ticket in courts that use Odyssey.
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Foster families get in free to Marengo Cave

October 6, 2011
IL Staff
Thanks to a partnership between Marengo Cave and the Indiana Department of Child Services, foster parents and their foster, biological and stepchildren will be able to get in to Marengo Cave’s guided walking tours for free.
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COA: Court erred in admitting probable cause affidavit

October 5, 2011
Jennifer Nelson
A trial court should not have admitted a probable cause affidavit that contained multiple layers of hearsay at a probation revocation hearing, the Indiana Court of Appeals concluded Wednesday.
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Supreme Court appoints new CLE commission member

October 5, 2011
IL Staff
The Indiana Supreme Court has appointed Steven M. Badger of Indianapolis to the Indiana Commission for Continuing Legal Education, effective Jan. 1, 2012.
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Justices take certified questions

October 5, 2011
Jennifer Nelson
The Indiana Supreme Court has accepted three certified questions stemming from a case in the Southern District of Indiana.
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Judges extend due process safeguards regarding interpreters to civil cases

October 4, 2011
Jennifer Nelson
A trial court must take the same steps in a civil action as it does in a criminal action regarding the use of an interpreter in order to address due process concerns, the Indiana Court of Appeals held for the first time Tuesday.
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Pro bono award winners announced

October 4, 2011
IL Staff
An attorney who made significant contributions in pro bono service will receive a posthumous honor on Oct. 21.
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Appellate judges will hear arguments in East Chicago

October 4, 2011
IL Staff
A panel of Indiana Court of Appeals judges will travel to northern Indiana Thursday to hear the appeal of a man convicted of attempted murder.
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SCOTUS doesn't take any Indiana cases

October 3, 2011
Michael Hoskins
The Supreme Court of the United States has declined to take several Indiana cases, including a criminal appeal about whether a stun belt restraint on a defendant during trial and sentencing is prejudicial.
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PACER fee increase begins April 2012

October 3, 2011
IL Staff
The 2-cent increase per page to access electronic information on the Public Access to Court Electronic Records system will take effect April 1, 2012. The Judicial Conference of the United States authorized raising the fee to 10 cents a page to cover maintenance costs as well as to enhance the system.
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Judges uphold admission of robbery confession

October 3, 2011
Jennifer Nelson
A trial court did not err in admitting evidence of uncharged misconduct from another incident during a defendant’s trial for robbery, the Indiana Court of Appeals ruled Monday. The evidence contained a letter that helped corroborate the man’s confession to the robbery.
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Commission urges discipline for former Marion County prosecutor

September 30, 2011
Michael Hoskins
The Indiana Supreme Court’s Disciplinary Commission wants the state's highest court to find former Marion County Prosecutor Carl Brizzi committed misconduct when he made statements about two high-profile cases he handled as prosecutor.
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Justices agree subsidiaries are not new employers

September 30, 2011
Jennifer Nelson
Emphasizing its ruling only deals with determining the proper merit rate for unemployment fund contributions, the Indiana Supreme Court ruled a manufacturer did not create employers through its new subsidiaries, so it wasn’t entitled to a lower rate.
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Bankruptcy judges relocating

September 30, 2011
IL Staff
Beginning in October, three of the bankruptcy judges in the Southern District of Indiana will be relocating their courtrooms because of construction at the Birch Bayh Federal Building and United States Courthouse.
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SJCBA releases results of judicial survey

September 30, 2011
IL Staff
The St. Joseph County Bar Association has released the findings of its annual survey of Superior judges. The bar association conducts the survey each year even if no judges are up for retention, which is the case for 2011.
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Appellate court to visit southern Indiana Oct. 4

September 30, 2011
IL Staff
Two panels from the Indiana Court of Appeals will hear arguments at universities in southern Indiana next week.
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Circuit Court rules in favor of utility

September 29, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has affirmed summary judgment in favor of a Louisville utility in a dispute as to whether landowners could eject the utility from their property after violating portions of the lease. The appellate judges also declined to certify a question to the Indiana Supreme Court.
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  1. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  2. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  3. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

  4. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  5. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

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