Legal News

Online attorney registration portal down

August 9, 2012
IL Staff
Attorneys looking to pay annual license fees have been met with an error message on the Indiana Appellate Clerk’s online portal this week.
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Court of Appeals orders trial court to re-evaluate child support order

August 9, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the part of a custody order modifying child support, finding the trial court miscalculated the mother’s current income and made other errors.
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Judges affirm drunk-driving conviction

August 9, 2012
Jennifer Nelson
A Madison Circuit judge did not abuse his discretion in instructing the jury on operating a vehicle while intoxicated as a Class C misdemeanor, a lesser-included offense of drunk-driving charges a man faced, the Indiana Court of Appeals concluded.
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Inmate’s suit alleging 8th Amendment violation allowed to continue

August 9, 2012
Jennifer Nelson
A federal judge was incorrect in dismissing an inmate’s lawsuit alleging Eighth Amendment violations by prison staff who ignored his abdominal pain for months until the inmate was diagnosed with ulcerative colitis, the 7th Circuit Court of Appeals ruled.
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Justices decline to take Decatur County arson case

August 9, 2012
IL Staff
The Indiana Supreme Court Wednesday unanimously decided to deny the state’s petition for transfer of Kristine Bunch v. State, in which a divided Court of Appeals ruled Kristine Bunch is entitled to a new trial. Bunch was convicted of the murder of her son, who died in a fire in their mobile home.
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Nominating commission picks 3 finalists

August 8, 2012
IL Staff
The Indiana Judicial Nominating Commission has selected the three finalists for the Supreme Court vacancy: Hamilton Superior Judge Steve Nation, Tippecanoe Superior Judge Loretta Rush, and attorney Geoffrey Slaughter. The commission had whittled down the number of applicants from 22 to 10 in July, and then to three Wednesday evening.
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Commission wraps up interviews, begins deliberations

August 8, 2012
Dave Stafford
The Indiana Judicial Nominating Commissions has finished interviewing the semifinalists who want to replace Frank Sullivan Jr. on the Supreme Court. The commission went into executive session around 4 p.m. Wednesday.
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MCBA to raise funds for Darden scholarship

August 8, 2012
IL Staff
The Marion County Bar Association is hosting a retirement dinner for Senior Judge Carr Darden Sept. 14. Darden stepped down from the Indiana Court of Appeals last month. All proceeds from the event will benefit the MCBA and the Judge Carr L. Darden and Mrs. Lundy Darden Public Sector Legal Education Scholarship Fund.
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Semifinalists discuss important qualities of a justice

August 8, 2012
Dave Stafford
The Indiana Judicial Nominating Commission Wednesday interviewed 10 semifinalists to fill the vacancy on the Indiana Supreme Court created by the retirement of Justice Frank Sullivan Jr. Commission chair and Supreme Court Chief Justice Brent Dickson opened the interviews by asking each candidate what factors he or she believed the commission should be looking for in a justice.
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Attorney can’t recast untimely 4th Amendment claim against prosecutor

August 8, 2012
Jennifer Nelson
The Muncie attorney who sued former Delaware County Prosecutor Mark McKinney, alleging due process violations following his arrest and acquittal on conspiracy to commit bribery charges, lost his appeal before the 7th Circuit Court of Appeals. The judges found the attorney was trying to recast an untimely false arrest claim into a due process claim.
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COA upholds domestic battery conviction

August 7, 2012
Jennifer Nelson
A trial court did not abuse its discretion when it denied a man accused of hitting his live-in girlfriend the opportunity to cross-examine her about a past domestic battery incident, the Court of Appeals concluded.
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Trial court erred in finding provision was liquidated damages clause

August 7, 2012
Jennifer Nelson
A forfeiture provision in a purchase agreement between the Dean V. Kruse Foundation and Jerry Gates, the buyer of West Baden property, did not constitute a liquidated damages clause as the trial court ruled, the Indiana Court of Appeals held Tuesday. The judges ruled that the Kruse parties are entitled to more damages as a result of Gates’ breach of contract.
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Court affirms judgment for developer, real estate company in suit over sinking home

August 7, 2012
Jennifer Nelson
A couple who sued a subdivision developer and real estate company after the builder went out of business to recover damages because their home was sinking could not convince the Indiana Court of Appeals to reverse summary judgment for the companies.
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Man unable to show prejudice by attorney’s lack of deportation advisement

August 7, 2012
Jennifer Nelson
A Pakistan-born man who faces automatic deportation as a result of his guilty plea to felony theft lost his pursuit for post-conviction relief before the Indiana Court of Appeals. The judges found Naveed Gulzar was unable to show he was prejudiced by his attorney’s failure to advise him that automatic deportation is a consequence of his guilty plea.
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Agreement doesn’t preclude subsequent lawsuit for water damage

August 7, 2012
Jennifer Nelson
A release agreement a Warrick County couple signed in 2002 regarding water issues in their home resulting from county work that disconnected downspout lines from the home does not preclude the couple from suing the city after discovering water damage to their home in 2007, the Court of Appeals held.
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Justice interviews set for Wednesday

August 7, 2012
IL Staff
The Indiana Judicial Nominating Commission will interview the 10 semifinalists for the Supreme Court Wednesday.
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Indiana University launches media law center

August 7, 2012
IL Staff
The Indiana University School of Journalism has created a new research center that focuses on legal protection for the media here and around the world. The Center for International Media Law and Policy Studies will support research and host public events related to free expression issues and give students the chance to work with organizations that promote media freedom, the school announced Monday.
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Pyle: COA appointment an ‘awesome honor’

August 7, 2012
Jennifer Nelson
Gov. Mitch Daniels Tuesday appointed Madison Circuit Judge Rudolph Pyle III to the Indiana Court of Appeals, filling a vacancy left by Pyle’s mentor, Judge Carr Darden.
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Governor appoints Rudolph Pyle to Court of Appeals

August 7, 2012
Jennifer Nelson
Gov. Mitch Daniels announced Tuesday morning that Madison Circuit Judge Rudolph Pyle III will fill the vacancy on the Indiana Court of Appeals left by Judge Carr Darden’s retirement in July.
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Justices deny 1 case

August 6, 2012
IL Staff
The Indiana Supreme Court denied transfer last week to a civil case out of Owen County involving a quiet title action.
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Dickson takes oath as chief justice

August 6, 2012
Dave Stafford
Indiana Chief Justice Brent Dickson formally took the oath of office Monday before more than 300 people in the atrium of the Indiana Statehouse.
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Judges: Grant bank’s request for receiver

August 6, 2012
Jennifer Nelson
Because PNC Bank was able to show that the requisite provisions of Indiana Code 32-30-5-1 have been satisfied and it did not relinquish its right to the appointment of a receiver, the trial court order denying PNC’s request for appointment of a receiver was an error, the Indiana Court of Appeals concluded.
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Court affirms convictions of man who shot at teenagers

August 6, 2012
Jennifer Nelson
A Porter County man who shot at four teenagers near his property at night because he claimed they were trying to break into his home is not entitled to a new trial, the Indiana Court of Appeals ruled.
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Court rules for city, water company in suit over frozen hydrants

August 3, 2012
Jennifer Nelson
The Indiana Court of Appeals found that the city of Indianapolis and water company – which contracts with the city to operate the water utility – are entitled to common law immunity from a lawsuit brought by a restaurant and its insurers after a fire destroyed a Texas Roadhouse restaurant.
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7th Circuit upholds ruling in favor of borrowers

August 3, 2012
Jennifer Nelson
A dispute between a lender and subsidiaries created by a restaurant owner to refinance its debt made its way before the 7th Circuit Court of Appeals for the second time. This time, the judges ruled in favor of the borrowers.
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