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Supreme Court vacates parental termination for jailed mom

July 11, 2014
Dave Stafford
A juvenile court abused it discretion by proceeding with a hearing and terminating a mother’s parental rights in her absence because she was in jail, the Indiana Supreme Court ruled Thursday. Her attorney’s failure to ensure she was heard from also denied her a fair hearing, justices ruled.
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7th Circuit orders agency to reconsider denial of benefits

July 10, 2014
Jennifer Nelson
Finding the “logical bridge” between evidence and conclusion that is needed to affirm a denial of disability benefits was not “sound” in a case before them, the 7th Circuit Court of Appeals reversed a lower court’s affirmation of the denial of a woman’s Social Security disability benefits.
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Too much time has passed for man to sue after rifle accident, 7th Circuit says

July 10, 2014
Jennifer Nelson
A lawsuit against a rifle manufacturer by an injured user was filed outside Indiana’s 10-year statute of repose for products-liability actions, the 7th Circuit Court of Appeals ruled Thursday. The man’s modification to his rifle did not extend the time he had to sue.
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Ethics panel approves $5,000 fine against Bennett

July 10, 2014
 Associated Press
Indiana's State Ethics Commission has approved a $5,000 fine against former state schools Superintendent Tony Bennett for using state resources in his 2012 campaign.
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Dickson says consensus among justices on next chief unlikely

July 10, 2014
Dave Stafford
Before Brent Dickson was selected chief justice of the Indiana Supreme Court more than two years ago, his fellow justices came one by one before the Judicial Nominating Commission and said he was the man for the job.
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Utah to appeal gay marriage ruling to high court

July 10, 2014
 Associated Press
Utah has decided to go straight to the U.S. Supreme Court to argue against gay marriage, meaning the nation's highest court will have at least one same-sex marriage case on its plate when it returns in October.
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Education board measures would curb Ritz's powers

July 10, 2014
 Associated Press
Schools Superintendent Glenda Ritz said Wednesday she would have her lawyers review a pair of measures from the State Board of Education that would curb some of her powers as board chair.
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Supreme Court affirms COA on issue in public-private contract

July 9, 2014
Jennifer Nelson
In a mere three sentences, the Indiana Supreme Court summarily affirmed the Indiana Court of Appeals opinion in the lawsuit involving Veolia Water and the city of Indianapolis and liability for damages resulting from a fire that destroyed a restaurant.
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Ex-business partner might not get damages for unreturned pizza oven

July 9, 2014
Jennifer Nelson
Because a county clerk did not apparently send out notice of a court order requiring a man to return a pizza oven to his partner in a bar, the Indiana Court of Appeals reversed the denial by the lower court of the man’s motion challenging a damages award stemming from his failure to return the oven.
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Judges uphold 40-year sentence in drug deal turned robbery

July 9, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s 40-year sentence for his role in the robbery of two people after he set up a drug deal with one of the victims.
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Court rules in favor of police department on inmate’s request for records

July 9, 2014
Jennifer Nelson
The inmate who filed a public records request with the Indianapolis Police Department nearly nine years ago lost his case on appeal before the Indiana Court of Appeals Wednesday.
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Man had 3 months to bring claim to enforce contract, court rules

July 9, 2014
Jennifer Nelson
A son who sought to challenge his stepmother’s decision to revoke the will she made with his father had to bring his challenge within three months of the will being admitted to probate, not nine months as he claimed, the Indiana Court of Appeals ruled.
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Indiana agencies told to ignore gay marriages

July 9, 2014
 Associated Press
Indiana Gov. Mike Pence's office is telling state agencies to act as if no gay marriages had been performed during three days following a federal court order.
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Dentist’s reputation, privacy and identity are not chattel under T.R. 75(A)(2)

July 9, 2014
Jennifer Nelson
The Indiana Court of Appeals decided that the preferred venue of a woman’s lawsuit against her ex-boyfriend alleging defamation and other claims is in Marion County where the man resides and not in Lake County where she works. The opinion hinged upon whether there were chattels involved.
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Moberly to become chief bankruptcy judge Aug. 1

July 9, 2014
IL Staff
Judge Robyn L. Moberly, in the United States Bankruptcy Court for the Southern District of Indiana, has been appointed to replace Judge James K. Coachys as the court's chief judge. Coachys is retiring Sept. 30.
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Split Supreme Court vacates transfer in re-entry case

July 9, 2014
Jennifer Nelson
The Indiana Supreme Court took action on one case last week, vacating the transfer it granted in April in a case challenging the termination from a county re-entry court program.
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Curry: 12-hour arrestee probable cause rule unrealistic

July 8, 2014
Dave Stafford
Marion County Prosecutor Terry Curry told judges Tuesday that a proposed rule requiring a probable cause determination within 12 hours of an arrest in major felony cases would “set up the criminal justice system to fail in many instances.”
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Woman loses appeal of discrimination lawsuit against employer

July 8, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals agreed with the lower court that a pharmaceutical company did not discriminate against a sales representative based on her age or retaliate against her for filing a complaint with the Equal Employment Opportunity Commission.
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GOP state senator deploying to Afghanistan

July 8, 2014
 Associated Press
A Republican state senator is heading overseas for military duty in Afghanistan and asking his wife to fill his seat while he is gone.
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Deal proposed in ex-schools chief's ethics case

July 8, 2014
 Associated Press
The State Ethics Commission is set to review a proposed settlement Thursday in the ethics case against former Indiana Schools Superintendent Tony Bennett.
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Thomas to resign as Indiana's inspector general

July 8, 2014
 Associated Press
The only person to serve as Indiana's top ethics watchdog since the position of inspector general was created in 2005 is planning to leave.
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Director of northeast Indiana pro bono organization died July 3

July 7, 2014
IL Staff
Terry McCaffrey, the executive director of the Volunteer Lawyer Program of Northeast Indiana, died July 3. He was 55.
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Justices to answer whether fund can pursue claim against an insurer

July 7, 2014
Jennifer Nelson
The Indiana Supreme Court has accepted a certified question from a federal court in northern Indiana in a case filed by the Indiana Patient Compensation Fund against a professional liability insurance provider involving claims against former doctor Mark Weinberger.
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State can’t prove teen stole television he owned with his mother

July 7, 2014
Jennifer Nelson
In an issue of first impression involving the statutes defining Class D felony theft, the Indiana Court of Appeals reversed a teen’s adjudication of theft for removing a television that he and his mother purchased together from his mother’s home over her objection.
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Judges uphold man’s resisting law enforcement conviction

July 7, 2014
Jennifer Nelson
Finding the evidence to be sufficient to support a man’s conviction of misdemeanor resisting law enforcement, the Indiana Court of Appeals affirmed his conviction Monday. The judges also found no error in the trial court’s instructions to the jury.
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  1. Contact Lea Shelemey attorney in porter county Indiana. She just helped us win our case...she is awesome...

  2. We won!!!! It was a long expensive battle but we did it. I just wanted people to know it is possible. And if someone can point me I. The right direction to help change the way the courts look as grandparents as only grandparents. The courts assume the parent does what is in the best interest of the child...and the court is wrong. A lot of the time it is spite and vindictiveness that separates grandparents and grandchildren. It should not have been this long and hard and expensive...Something needs to change...

  3. Typo on # of Indiana counties

  4. The Supreme Court is very proud that they are Giving a billion dollar public company from Texas who owns Odyssey a statewide monopoly which consultants have said is not unnecessary but worse they have already cost Hoosiers well over $100 MILLION, costing tens of millions every year and Odyssey is still not connected statewide which is in violation of state law. The Supreme Court is using taxpayer money and Odyssey to compete against a Hoosier company who has the only system in Indiana that is connected statewide and still has 40 of the 82 counties despite the massive spending and unnecessary attacks

  5. Here's a recent resource regarding steps that should be taken for removal from the IN sex offender registry. I haven't found anything as comprehensive as of yet. Hopefully this is helpful - http://www.chjrlaw.com/removal-indiana-sex-offender-registry/

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