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7th Circuit judge grants prisoner’s request for certificate of appealability

August 1, 2011
Jennifer Nelson
An Indiana prisoner’s request for a certificate of appealability has been granted by a 7th Circuit judge who found the man’s application set forth a substantial showing of the denial of a constitutional right.
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First Wednesday event to discuss use of force by police

August 1, 2011
IL Staff
The American Civil Liberties Union of Indiana’s First Wednesday discussion on Aug. 3 is “POLICE: Use of Force – Crossing the Threshold.”
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Allen County bar seeks nominations for Niemann Citation

August 1, 2011
IL Staff
The Allen County Bar Association is accepting nominations for the 2011 Niemann Citation for Excellence and Professionalism, an award established in 2004 to honor the memory of attorney Scott T. Niemann.
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Attorney registration fees rise, registration goes online

July 29, 2011
Michael Hoskins
Every Indiana attorney’s annual registration fees are going up $15 this year, just as everyone must begin using a new online portal to register and pay their fees by Oct. 1.
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Man entitled to damages following excavation of home without notice

July 29, 2011
Jennifer Nelson
In reviewing a case in which an attorney appointed guardian of an adult male unilaterally decided to tear down his home without providing notice to the man, the Indiana Court of Appeals found the attorney violated the man’s due process rights and damages were necessary.
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Court reverses suspension of mother's parenting time

July 29, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed the modification of a mother’s parenting time to end any visitation with her autistic son because the father didn’t present evidence justifying terminating the parenting time.
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'Notario' pleads guilty to tax evasion, illegal law practice

July 28, 2011
Michael Hoskins
A Marion Superior judge has sentenced an Indianapolis woman who offered illegal immigration services without a law license and evaded paying her income taxes through that business.
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COA rules on man's theft conviction for third time

July 28, 2011
Jennifer Nelson
Following an order from the Indiana Supreme Court that the lower appellate court more fully address the Proportionality Clause of the Indiana Constitution, the Indiana Court of Appeals has again upheld a man’s felony theft conviction.
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DOJ: No charges against cops involved in arrest of Indianapolis teen

July 28, 2011
IL Staff
The U.S. Department of Justice announced Thursday that it’s closed its investigation into whether federal criminal civil rights charges should be filed against the Indianapolis Metropolitan Police Department officers involved in the arrest of Indianapolis teenager Brandon Johnson. Johnson claimed officers used excessive force while trying to arrest him.
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Hospital doesn't owe attorney any contingency fees

July 27, 2011
Jennifer Nelson
A Kokomo attorney is not entitled to collect his contingency fees from a hospital in his representation of a patient caught in an insurance dispute, the Indiana Court of Appeals has held.
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No summary judgment on issue of whether complaint was timely filed

July 27, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a doctor in a medical malpractice action, finding there are questions around whether the plaintiff timely filed the proposed complaint.
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Judges ask family to end litigation over parents' interments

July 26, 2011
Jennifer Nelson
In a dispute among divided siblings on where their deceased parents should be buried, the Indiana Court of Appeals asked the family to end the litigation and let the parents “rest in peace.”
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COA split on whether scooter is 'motor vehicle'

July 26, 2011
Jennifer Nelson
The Indiana Court of Appeals was divided in a case involving a man who was convicted of driving a motor vehicle while his privileges were suspended, with one judge agreeing with the state that the defendant’s scooter qualified as a motor vehicle under statute.
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Criminal Code, Sentencing Policy committees meet this week

July 26, 2011
IL Staff
Lawmakers and other stakeholders will discuss issues surrounding Indiana criminal code and sentencing at interim study committee meetings this week.
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Applicants vie to become next IPAC director

July 25, 2011
Michael Hoskins
A four-person search committee continues reviewing applications of individuals who have expressed interest in becoming the next Indiana Prosecuting Attorneys Council director. About 20 people have applied to take over the post after the agency’s current leader, Stephen Johnson, retires Aug. 1.
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Justices accept 5 cases

July 25, 2011
Jennifer Nelson
The Indiana Supreme Court has granted transfer to five cases, including a first impression issue dealing with Social Security income and restitution.
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Race benefits group working to end domestic violence

July 25, 2011
IL Staff
The Indiana Coalition Against Domestic Violence’s 8th annual Race Away From Domestic Violence event is Aug. 13 in Indianapolis. Proceeds from the 5k run/walk/wheelchair roll benefit the ICADV, a nonprofit working to ending domestic violence.
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Ex-mayor argues $108 million judgment can be discharged in bankruptcy

July 22, 2011
Michael Hoskins
The ex-East Chicago mayor hit with a $108 million racketeering judgment because of public corruption wants a federal bankruptcy court to dismiss a civil complaint against him that questions whether the judgment is dischargeable under bankruptcy code.
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Longtime Kosciusko County judge dies

July 22, 2011
IL Staff
A former judge in Kosciusko County died Wednesday. Hon. C. Robert “Bob” Burner was 81.
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Circuit Court affirms admission of drugs, sentence

July 22, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s argument that his past conviction of vehicular flight isn’t a crime of violence, citing a recent decision by the United States Supreme Court on that matter.
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Judge approves proposed settlement agreement

July 22, 2011
Jennifer Nelson
A federal judge has approved a proposed settlement agreement in a class-action lawsuit against the Indiana Family and Social Services Administration alleging that an agency policy that doesn’t allow certain Medicaid waiver enrollees to apply for services other than what’s been approved by their case manager is in violation of federal Medicaid law.
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Former appellate court judge dies

July 21, 2011
Jenny Montgomery
The Hon. Robert H. Staton, who was an Indiana appeals court judge for nearly 30 years, died July 18. He was 86.
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7th Circuit finds remand to be unreviewable

July 21, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals looked at the issues of removal and remand in the context of bankruptcy in a case July 21 and found the bankruptcy court’s decision to remand a case to state court is unreviewable.
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Justices reduce sentence of man found asleep in office

July 21, 2011
Jennifer Nelson
Four of the five Indiana Supreme Court justices decided that the man found asleep in the waiting room of a dental office – who had an empty handgun on him – should only be sentenced to 20 years for the crime instead of 40 years.
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Valparaiso professor to receive animal law award

July 21, 2011
IL Staff
Valparaiso University School of Law Professor Rebecca J. Huss will be given the Excellence in the Advancement of Animal Law Award at the American Bar Association’s annual meeting in August.
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  1. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

  2. Family court judges never fail to surprise me with their irrational thinking. First of all any man who abuses his wife is not fit to be a parent. A man who can't control his anger should not be allowed around his child unsupervised period. Just because he's never been convicted of abusing his child doesn't mean he won't and maybe he hasn't but a man that has such poor judgement and control is not fit to parent without oversight - only a moron would think otherwise. Secondly, why should the mother have to pay? He's the one who made the poor decisions to abuse and he should be the one to pay the price - monetarily and otherwise. Yes it's sad that the little girl may be deprived of her father, but really what kind of father is he - the one that abuses her mother the one that can't even step up and do what's necessary on his own instead the abused mother is to pay for him???? What is this Judge thinking? Another example of how this world rewards bad behavior and punishes those who do right. Way to go Judge - NOT.

  3. Right on. Legalize it. We can take billions away from the drug cartels and help reduce violence in central America and more unwanted illegal immigration all in one fell swoop. cut taxes on the savings from needless incarcerations. On and stop eroding our fourth amendment freedom or whatever's left of it.

  4. "...a switch from crop production to hog production "does not constitute a significant change."??? REALLY?!?! Any judge that cannot see a significant difference between a plant and an animal needs to find another line of work.

  5. Why do so many lawyers get away with lying in court, Jamie Yoak?

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