Legal News

Judge dissents on qualified immunity issue

April 5, 2010
Jennifer Nelson
Judges on the 7th Circuit Court of Appeals disagreed as to whether law enforcement officers were entitled to qualified immunity for their use of flash-bang devices in attempting to remove a suicidal man from his home.
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Court puts death penalty case on hold

April 2, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has reversed an Indianapolis judge's decision on a death penalty case, putting a condemned convict's death penalty appeal on hold indefinitely because of his current mental state.
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FMLA leave doesn't accrue hours for benefits

April 2, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has affirmed an Indiana District judge's decision that an employee on family medical leave doesn't accrue those hours for benefits and can be fired for violating attendance policies.
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Maintenance affects state courts online services

April 1, 2010
IL Staff
Scheduled maintenance will make several online services provided on the Indiana Court's Web site unavailable beginning today at 7 p.m.
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COA upholds termination of parental rights

April 1, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the termination of a mother and father's parental rights based on sufficient evidence. The appellate court also found the mother couldn't appeal on the basis that the Department of Child Services failed to prove her drug use when she repeatedly refused to submit to drug testing.
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Judges disagree on retroactive support issue

March 31, 2010
Jennifer Nelson
In a matter of first impression, a panel of Indiana Court of Appeals judges couldn't agree on whether an initial support order can be retroactive to a date preceding the filing of a petition for resolution. The judges disagreed as to whether a court has the authority to reach into an intact marriage and order a party to pay child support to the other.
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COA sets standard in parental rights cases

March 31, 2010
Michael Hoskins
In addressing a statutory inconsistency on parental rights terminations, the Indiana Court of Appeals has held that trial judges must offer findings of fact in those types of cases just as they're required to by law for children in need of services cases and grandparent visitation matters.
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Indiana juvenile justice bill first in nationRestricted Content

March 31, 2010
Rebecca Berfanger
In what started at a summit hosted by the Indiana State Bar Association in August, House Enrolled Act 1193, which authorizes a work study commission to consider various juvenile justice issues in Indiana, was signed by the governor March 17.
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Legal process on mental illness isn't yet where it should beRestricted Content

March 31, 2010
Michael Hoskins
Courts nationally began in the mid-1990s to focus on mental illness and how the judiciary could fine-tune what it does to better address that issue. But many within the Hoosier legal community say that the criminal justice system hasn't gone far enough in the past decade, and both the courts and society are a long way from where they need to be on addressing mental illness.
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The Midwest, Indianapolis legal markets prime for opportunitiesRestricted Content

March 31, 2010
Elizabeth Brockett
Sommer Barnard. Locke Reynolds. Dann Pecar Newman & Kleiman. Those are just a few Indiana law firm names that are now only part of history.
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Lawyers support ISBA's oral history projectRestricted Content

March 31, 2010
Rebecca Berfanger
Having read some of the transcripts from an oral history project, it's easy to see why members of the Indiana State Bar Association's Senior Lawyers Section decided to interview men and women who've significantly contributed to the practice of law in Indiana.
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Non-profit offers legal aid to food pantry clientsRestricted Content

March 31, 2010
Rebecca Berfanger
On a sunny, brisk Tuesday morning in March, the parking lot for the St. Vincent de Paul Society warehouse on the northeast side of Indianapolis was completely full.
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Courthouse artwork on display at ISBARestricted Content

March 31, 2010
Rebecca Berfanger
The Indiana State Bar Association's courthouse art project is now on display for the public at the ISBA's offices in downtown Indianapolis.
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Recent SCOTUS ruling was 'brainchild' of Terre Haute attorney Jim BoppRestricted Content

March 31, 2010
Michael Hoskins
In the world of campaign finance and election law, Terre Haute attorney Jim Bopp is one of the leading legal minds involved in some of the most influential cases in these areas of law.
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2 county court systems get e-filing approval

March 31, 2010
Michael Hoskins
Two of Indiana's largest counties are getting close to putting electronic filing plans into place after receiving a green light from the Indiana Supreme Court late last year and early this year for pilot projects.
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SCOTUS rules against student-loan companyRestricted Content

March 31, 2010
Jennifer Nelson
The Supreme Court of the United States clarified March 23 the discharge of federal student-loan debt in bankruptcy involving an Indianapolis-based education loan guarantor.
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Appellate court to hear arguments in Lafayette

March 30, 2010
IL Staff
A panel of Indiana Court of Appeals will visit Ivy Tech Community College in Lafayette Thursday to hear the appeal of a man challenging his sentence for dealing cocaine.
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Judges rule on custody issues

March 30, 2010
Jennifer Nelson
When modifying custody, the change in circumstances required by Indiana Code doesn't need to be so decisive in nature as to make the change necessary for the child's welfare, the Indiana Court of Appeals ruled today.
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COA lengthens defendant's sentence

March 30, 2010
Jennifer Nelson
The Indiana Court of Appeals revised a defendant's sentence for rape and other convictions, but it may not have been what the man had in mind when he appealed. In a rare move, the Court of Appeals increased his sentence by 25 years.
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Indiana joins lawsuit over health-care bill

March 29, 2010
IL Staff
The Indiana Attorney General announced today that Indiana will join 13 other states in challenging the recently passed federal health-care law.
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Law professor not named as recess appointment

March 29, 2010
Michael Hoskins
A Bloomington law professor tapped for a leading Department of Justice job wasn't among those included in recess appointments during the weekend by President Barack Obama, but the administration hopes that she'll soon be considered for a full Senate vote.
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COA rules against voting-systems company

March 29, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed a lower court order denying an electronic voting systems company's petition for stay on an order prohibiting it from marketing, selling, or leasing voting systems in Indiana for 18 months.
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Governor signs last of legislation

March 26, 2010
IL Staff
The 2010 session of the Indiana General Assembly wrapped up Thursday with Gov. Mitch Daniels signing the remaining legislation pending before him.
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Company not bound by defiant agent's actions

March 26, 2010
Jennifer Nelson
A trial court erred in finding that a company was bound by its insurance agency's acts even though the agency acted against the company's wishes, the Indiana Court of Appeals ruled today.
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Judge dissents in eviction case

March 25, 2010
Jennifer Nelson
There is "potential for abuse" when an armed and uniformed police officer is at the scene of a self-help eviction or repossession of a private party, according to an Indiana Court of Appeals judge.
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