Legal News

Legislature's final days bring up merit selection, out-of-state placement issuesRestricted Content

March 17, 2010
Michael Hoskins
Hoosier lawyers and judges were kept on the edge of their seats as the Indiana General Assembly navigated its final days of the session, reviving talk on two issues that have significant impact on the state's judiciary and legal system.
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German law student chooses Indianapolis firm for unique internshipRestricted Content

March 17, 2010
Michael Hoskins
During the early months of the year you might have found Andreas Wissman clerking at an Indianapolis firm, having dinner at a state appellate judge's home, observing a civil or criminal trial in federal court, or even paging at the Indiana Statehouse. But the well-versed 28-year-old law student isn't a permanent part of the Hoosier legal community.
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Re-entry program offers support, services to inmatesRestricted Content

March 17, 2010
Rebecca Berfanger
It's not a secret this is a tough economy. Add in a criminal record and time served, and that only complicates one's situation when looking for a job, housing, treatment, or other services.
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Ohio law firm acquires Indianapolis firmRestricted Content

March 17, 2010
Scott Olson
One of Indianapolis' oldest law practices has been absorbed by a Cleveland law firm.
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Agencies examine UPLRestricted Content

March 17, 2010
Michael Hoskins
Long before he became Greenwood's police chief, attorney Joe Pitcher recalls sitting as a special judge in town court and facing an Unauthorized Practice of Law case that may be one of few like it in Indiana.
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Mortgage company didn't act in good faith

March 16, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed that a mortgage company shouldn't have been treated as a bona fide purchaser because it didn't act in good faith in providing a mortgage that was obtained by fraud.
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Couple not a 'successful party' in settlement

March 16, 2010
Jennifer Nelson
Despite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."
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Legislature's end suspenseful for legal community

March 15, 2010
Michael Hoskins
As the Indiana General Assembly got down to its final hours in a short-session, significant changes for the Hoosier legal community were on the table to possibly increase the number of appellate judges, change how one county chooses its trial judges, and impact how juveniles can be placed outside the state.
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All elements of 'fair value' must be considered

March 15, 2010
Jennifer Nelson
Although there isn't any Indiana caselaw detailing how the shares held by dissenting shareholders are to be appraised, the Indiana Court of Appeals adopted the view that trial courts should consider all possible elements of the present value of the corporation on the valuation date, including the company's possible future plans.
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Judges disagree on chemical possession charge

March 12, 2010
Jennifer Nelson
A panel of Indiana Court of Appeal judges disagreed as to whether a defendant who stole anhydrous ammonia with the intent of selling it to a third party in the future to make methamphetamine, but who never actually sold the chemical, could be charged with possession with intent to manufacture methamphetamine.
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Racketeering case nets $108 million in damages

March 12, 2010
Michael Hoskins
A federal judge has ordered an ex-mayor and top allies to pay more than $108 million in damages on a civil racketeering case, but in doing so he's rejected the Indiana Attorney General's most novel and far-reaching legal arguments centered on public corruption in East Chicago.
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High court rules on prisoners issues

March 11, 2010
Jennifer Nelson
The Indiana Supreme Court handed down two opinions Wednesday in which the high court expressly adopted the "prison mailbox rule" and determined a majority of the Indiana Parole Board constitutes the full parole board when making final decisions.
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Lawmakers mull veto override on merit selection

March 11, 2010
Michael Hoskins
Vetoed legislation that would scrap St. Joseph County's merit selection for judicial elections and also add a new three-judge panel to the Indiana Court of Appeals is back in play.
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COA rules on landowner first-impression issue

March 10, 2010
Jennifer NelsonMore

Vote expected on Indiana federal magistrate

March 10, 2010
Michael Hoskins
A U.S. Senate committee is expected to discuss and vote Thursday on an Indianapolis federal magistrate judge's nomination for a judgeship in the Southern District of Indiana.
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SCOTUS declines death row inmate's appeal

March 8, 2010
Michael Hoskins
The nation's highest court has declined to accept a death row inmate's case, leaving intact an Indiana judge's ruling that OK'd a federal prison policy banning face-to-face interviews with reporters.
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Appellate ruling addresses priority rights

March 5, 2010
Jennifer Nelson
In reversing summary judgment for a home loan company on its complaint for strict foreclosure, the Indiana Court of Appeals specifically adopted the reasoning set forth in a federal decision involving priority rights on liens.
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BREAKING: Senate panel OKs Johnsen

March 4, 2010
Michael Hoskins
Dawn Johnsen, nominated to be a key legal advisor for the president, was approved 12-7 along party lines by the U.S. Senate Judiciary Committee. Also, two of the three Indiana judicial nominees for the federal bench have gotten a green light from the committee.
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Judge certifies sex offender's class-action suit

March 4, 2010
Jennifer Nelson
A federal judge has certified a convicted sex offender's suit against the Indiana Department of Correction as a class action. The plaintiff claims registrants have no procedure to correct errors on the sex and violent offender registry.
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Judges find search of car for gun not justified

March 4, 2010
Jennifer Nelson
A panel of Indiana Court of Appeals judges reversed the denial of a defendant's motion to suppress evidence of drugs found in his car during a search, but one judge believed the man's cooperation and respect toward the police officer shouldn't factor into their decision making.
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Committee approves some Indiana nominees

March 4, 2010
Rebecca Berfanger
More than a year since she was first nominated to head the Office of Legal Counsel, the U.S. Senate Judiciary Committee this morning approved Indiana law professor Dawn Johnsen along party lines for the second time. Two of the three Indiana judicial nominees for the federal bench also received the green light this morning. Johnsen and the judicial nominees can now be voted on by the full Senate.
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Mistake invalidates termination of dad's rights

March 3, 2010
Jennifer Nelson
A father's consent to voluntarily terminate his parental rights so his sister could adopt his daughter was invalidated by misrepresentations made by a family case manager for the Department of Child Services. As such, the father's petition to set aside the judgment should have been granted, the Indiana Court of Appeals ruled today.
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Decision resolves conflicting appellate rulings

March 3, 2010
Jennifer Nelson
An offense of attempted dissemination of matter harmful to minors can be committed when a defendant attempts to transmit prohibited matter by the Internet to an adult police detective posing as a minor, the Indiana Supreme Court ruled Tuesday.
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Legislature, courts navigate uncertainty about registry lawsRestricted Content

March 3, 2010
Michael Hoskins
Hoosier lawmakers are revising state law following the confusion created by an Indiana Supreme Court ruling last year, which involves how convicted sex offenders can be removed from a statewide registry if they believe registration wasn't required at the time of their conviction.
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Lawmakers move court-funding billsRestricted Content

March 3, 2010
In the last days of the legislative session, lawmakers addressed funding proposals in HB 1154 on converting Marion County commissioners into magistrates and using a $35 fee on traffic infractions to pay for this; SB 307 that would allow a $50 fee on Bartholomew County traffic infractions to pay for a new Superior Court there; and SB 399 on capping traffic violation fines statewide.
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  3. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  4. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?

  5. Once again Indiana has not only shown what little respect it has for animals, but how little respect it has for the welfare of the citizens of the state. Dumping manure in a pond will most certainly pollute the environment and ground water. Who thought of this spiffy plan? No doubt the livestock industry. So all the citizens of Indiana have to suffer pollution for the gain of a few livestock producers who are only concerned about their own profits at the expense of everyone else who lives in this State. Shame on the Environmental Rules Board!

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