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Martin selected as U.S. magistrate judge in Hammond

October 12, 2012
IL Staff
John E. Martin will succeed Magistrate Judge Andrew P. Rodovich in the Northern District of Indiana’s Hammond Division, the court announced. Rodovich is retiring from the bench.
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Court orders BMV to hold hearing on whether felon can get ID

October 12, 2012
Jennifer Nelson
A federal judge has found a convicted felon’s due process clause claim “has teeth” and that the Bureau of Motor Vehicles must determine whether to issue the man an identification card even though his last name on his birth certificate and Social Security card do not match.
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Bankruptcy court attempts to clarify order distribution

October 12, 2012
IL Staff
Bankruptcy Clerk Kevin P. Dempsey of the Southern District of Indiana has issued a clarification on when orders should be distributed now that rules have shifted responsibility for distribution of most orders to the prevailing parties.
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Judges reaffirm 2 Weinberger patients’ psychological evaluations

October 12, 2012
Jennifer Nelson
In reaffirming a Lake Superior Court decision that granted former doctor Mark Weinberger’s motion that two men suing him undergo psychological examinations, the Indiana Court of Appeals clarified that there is no requirement that a trial court must compel an involuntary psychiatric evaluation when faced with similar facts and circumstances as in the instant cases.
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Dealership gets court to dismiss claims made by Volvo

October 12, 2012
Jennifer Nelson
A federal judge in Indianapolis has ruled in favor of Andy Mohr Truck Center in two lawsuits stemming from a broken business relationship between the dealer and Volvo Trucks North America.
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2 indicted for defrauding company of $1.6M

October 12, 2012
IL Staff
A Fishers, Ind. man, along with a businessman in California, have been charged in the Southern District of Indiana with stealing more than a million dollars from the Indianapolis-area branch of power tool manufacturer Stanley Black and Decker.
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Delayed ordinance publication doesn’t affect power to annex

October 12, 2012
Jennifer Nelson
Landowners challenging the annexation of portions of land in Hamilton County to the city of Westfield lost their appeal before the Indiana Court of Appeals. The remonstrators claimed the city’s delayed publication of annexation ordinances should have barred the annexation.
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COA affirms 5 child molesting convictions

October 11, 2012
Jennifer Nelson
The admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County was not a fundamental error, the Indiana Court of Appeals held Thursday.
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Attorneys not entitled to fees after agency drops order

October 11, 2012
Jennifer Nelson
Addressing for the first time what qualifies as a “prevailing party” under the Equal Access to Justice Act, the 7th Circuit Court of Appeals sided with several other appellate courts that have ruled on the issue.
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Court rules in favor of state in taking of property for I-69

October 11, 2012
Jennifer Nelson
For the second time in less than a month, the Indiana Court of Appeals has affirmed the state’s taking of property in southwestern Indiana for construction of Interstate-69.
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New LSA director, deputy director named

October 11, 2012
IL Staff
The Legislative Council has selected George Angelone to serve as executive director of the Legislative Services Agency. Angelone takes over for Jack Ross, who will retire at the end of next month.
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Judges order Social Security Administration to take another look at man’s claim

October 10, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals has reversed the denial of a man’s request for disability benefits from the Social Security Administration because it found the administrative law judge didn’t adequately explain why the man hadn’t met requirements for a presumptive disability.
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Court upholds imposition of court costs

October 10, 2012
Jennifer Nelson
The Indiana Court of Appeals found a man’s pro se motion to correct erroneous sentence was not the proper channel to challenge the imposition of court costs following his murder trial.
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COA split over whether DCS has authority to interview sibling

October 10, 2012
Jennifer Nelson
An Indiana Court of Appeals judge reached the opposite conclusion of her colleagues Wednesday in finding that the Department of Child Services lacks the statutory authority to conduct a forensic interview of a non-subject child residing in the same home as a child who has claimed abuse by a resident family member.
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Zoeller to speak at DCS study committee Thursday

October 10, 2012
IL Staff
Indiana Attorney General Greg Zoeller is scheduled to appear before the Department of Child Services Interim Study Committee meeting Thursday afternoon.
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Human rights law clinic leaders to visit IU McKinney

October 10, 2012
IL Staff
The attorney leaders of the Legal Aid Centre of Eldoret in Kenya will visit the Indiana University Robert H. McKinney School of Law Oct. 17 to discuss the successes of the human rights law clinic.
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Lady Justice gets 'green' makeover

October 10, 2012
Marilyn Odendahl
The greening – literally – of the rooftop of the Indianapolis federal courthouse is part of a $66.8 million upgrade of the building with funds coming from the American Recovery and Reinvestment Act. Work on the roof along with additional upgrades to increase the energy efficiency of the facility as well as to improve the public safety system began in December 2009 and was substantially complete on Aug. 27, 2012, according to the U.S. General Services Administration.
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Too little diversity among attorneys

October 10, 2012
Marilyn Odendahl
St. Joseph County Bar Association Diversity Committee recently organized a Diversity and Inclusion Summit to shed light on the low number of minorities in the law and bounce around ideas about attracting more minorities, women, and gays and lesbians to the practice of law.
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Indiana Department of Child Services urged to set course for new direction

October 10, 2012
Marilyn Odendahl
With a new governor taking over Indiana’s executive branch in January, what changes, if any, will come to the Department of Child Services are unknown. However, some contend that should not stop the agency from addressing criticism and implementing new policies or programs now.
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After 5 years, state court data system Odyssey isn't halfway home

October 10, 2012
Dave Stafford
In the Greek epic “The Odyssey,” Homer’s hero Odysseus takes 10 years to return home after the Trojan War. Indiana’s Odyssey might take longer to reach its goal. Odyssey, the state-backed court case management system that aims to connect and modernize more than 400 trial courts, is continuing its laborious progress, locality by locality.
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Death penalty foe Foster pumps up federal defenders

October 10, 2012
Dave Stafford
Taking charge at Indiana Federal Community Defenders Inc. in the Southern District, Monica Foster's seeking, and getting, bigger caseloads.
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Proposal would create umbrella commission for legal aid providers

October 10, 2012
Dave Stafford
A proposal before the Indiana Supreme Court could change the landscape for those who provide civil legal aid and pro bono service.
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From iPhones to networks, law firm spending on systems ticks up

October 10, 2012
Dave Stafford
If your firm hasn’t bought you a new smartphone, provided better remote access options, or replaced an aging monitor lately, you might nudge the purchasing department.
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Attorneys discover predictive coding

October 10, 2012
Marilyn Odendahl
In the world of searching for relevant documents in the recesses of email inboxes and hard drives, a new high-tech tool has appeared that, despite causing trepidation among some attorneys, will likely become commonly used during the discovery process to tame the growing volumes of data.
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Nordstrom: Book offers little insight for experienced trial attorneys

October 10, 2012
Rodney Nordstrom
Rodney Nordstrom reviews "Winning the Jury's Attention: Presenting Evidence from Voir Dire to Closing."
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  1. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  2. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  3. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  4. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

  5. I will agree with that as soon as law schools stop lying to prospective students about salaries and employment opportunities in the legal profession. There is no defense to the fraudulent numbers first year salaries they post to mislead people into going to law school.

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