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Prosecutor error insufficient to reverse murder conviction

October 19, 2012
Dave Stafford
A prosecutor improperly presented facts that were not in evidence and inflamed the passions and prejudices of jurors in a murder trial, but his improper conduct didn’t rise to the level of reversible error, the Indiana Court of Appeals ruled Friday.
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Lake County judge: RTW suit may proceed

October 19, 2012
IL Staff
A challenge to Indiana’s right-to-work law will proceed after a Lake County judge this week rejected the state’s request to dismiss a lawsuit filed by United Steelworkers.
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Suit to be filed over meningitis outbreak

October 19, 2012
Dave Stafford
Attorneys for a Columbus woman who has developed symptoms of fungal meningitis after being treated with steroid injections are suing the drugmaker at the center of a widening outbreak blamed on tainted shots.
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Bisard asks Supreme Court to rule on blood-draw admissibility

October 19, 2012
IL Staff
Attorneys for Indianapolis Metropolitan Police Department officer David Bisard have asked the Indiana Supreme Court to determine whether blood evidence may be admitted in his drunken driving and reckless homicide trial. Bisard was charged after driving his police cruiser into three motorcyclists who were stopped at an intersection, killing one.
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Unslated candidate files suit against Marion County Election Board

October 18, 2012
Jennifer Nelson
A Democratic candidate for state representative for Indiana’s District 100 who was not slated by his party is suing the Marion County Election Board after the board ordered his election materials seized before the primary election for violating Ind. Code 3-14-1-2.
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5th annual Southern District Court history symposium Nov. 16

October 18, 2012
IL Staff
7th Circuit Court of Appeals Judges John Tinder and David Hamilton – both former judges in the U.S. District Court for the Southern District of Indiana, are two of the featured speakers at the fifth annual Court History and Continuing Legal Education Symposium in the Southern District.
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Bankruptcy local rules to change Dec. 3

October 18, 2012
IL Staff
Five local rules of the U.S. Bankruptcy Court for the Southern District of Indiana will be amended effective Dec. 3.
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Judges order habitual offender enhancement vacated

October 18, 2012
Jennifer Nelson
A post-conviction court erred when it denied a defendant’s request for post-conviction relief to vacate a habitual offender enhancement, finding a case decided after the man’s direct appeal applies retroactively.
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10 schools to schedule girls’ basketball on Friday, Saturday nights

October 17, 2012
Jennifer Nelson
By the 2016-2017 school year, boys’ and girls’ varsity basketball games at one high school will be equally scheduled on Friday and Saturday nights, according to a consent decree entered Monday in federal court. The agreement comes after a lawsuit challenged that girls’ games are typically scheduled on school nights or other non-preferred times.
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Justices uphold denial of benefits for fired employee

October 17, 2012
Jennifer Nelson
Indiana Justice Steven David authored a unanimous opinion Wednesday in which the court held “when the facts of a case support more than one statutory ground for discharge, we are not confined to narrowly review the [Indiana Department of Workforce Development] Review Board’s decision when the facts point to the Review Board’s ultimately correct conclusion.”
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Statute granting DCS immunity applies to nearly all of family’s claims

October 17, 2012
Jennifer Nelson
A case involving the Department of Child Services before the Indiana Court of Appeals Wednesday provided the court with two issues of first impression – the interpretation of a statute relating to the agency, and the liberty interests that may reside with extended family members involved in the lawsuit.
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COA affirms $55k judgment for couple who purchased wind turbine

October 17, 2012
Jennifer Nelson
The Indiana Court of Appeals found that a St. Joseph Superior judge applied the correct legal standard in determining that a company breached a contract with a couple that purchased a wind turbine that failed to live up to the company’s claims.
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Judges uphold family has no right of access through neighbor’s property

October 17, 2012
Jennifer Nelson
A family claiming that for more than 50 years they had an easement to access portions of their land through a neighbor’s property lost before the Indiana Court of Appeals.
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Pyle takes oath at robing ceremony

October 16, 2012
Dave Stafford
Indiana’s newest Court of Appeals judge also holds the distinction of being the only official appointed twice by Gov. Mitch Daniels.
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Court upholds conviction for theft of water heater

October 16, 2012
Jennifer Nelson
The Indiana Court of Appeals dismissed a man’s argument that he didn’t know he couldn’t take a water heater from an Indianapolis apartment complex to scrap, finding that the evidence supports his theft conviction.
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Justices rescind order amending administrative rules, issue new one

October 16, 2012
IL Staff
The Indiana Supreme Court has rescinded the Sept. 7 order that set out amendments to Indiana Administrative Rules 5, 7, 8, 9 and 10, and the justices have issued in its place a new order. The changes include the use of senior judges, records that need to be microfilmed, and what court records are excluded from public access.
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Lecture to look at SCOTUS ethics

October 16, 2012
IL Staff
The Tabor Institute on Legal Ethics topic this year at Valparaiso University Law School is United States Supreme Court ethics in the wake of NFIB v. Seblius.
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ISBA members approve of appellate judges up for retention

October 16, 2012
IL Staff
The Indiana State Bar Association has released results of its 2012 Judicial Retention Poll. None of the six appellate judges up for retention in the Indiana Supreme Court or Court of Appeals received less than 81 percent of “yes” votes.
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New Marion County Small Claims rules a ‘change in atmosphere’

October 16, 2012
Dave Stafford
A new set of rules for Marion County’s nine township Small Claims courts will make the forums more transparent and put important court information online for the first time, according to the judge overseeing reform efforts.
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Former Civil Rights Commission director, MCBA president dies

October 15, 2012
IL Staff
Sandra Leek, who ran the Indiana Civil Rights Commission for 13 years, died Oct. 12 after battling cancer. She was 58.
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Indiana justices accept 2 cases

October 15, 2012
IL Staff
The Indiana Supreme Court will weigh in on whether communications during mediation can be used as extrinsic evidence.
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Legislative groups to look at surrogate attorneys, funding for correction programs

October 15, 2012
IL Staff
Legislators this week will study a variety of issues, including preliminary drafts on surrogate attorneys and probate court authority.
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Survey says: retain 2 Lake County judges

October 15, 2012
IL Staff
Respondents to a recent survey conducted by the Lake County Bar Association on two judges up for retention this year have recommended the judges be retained.
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Bankruptcy court seeks comment on local rules

October 15, 2012
IL Staff
The U.S. Bankruptcy Court for the Northern District of Indiana is seeking public comment on proposed changes to Local Rule B-7056-1, Motions for Summary Judgment.
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IU McKinney launches Bayh lecture

October 15, 2012
IL Staff
This Thursday marks the inaugural Birch Bayh Lecture at Indiana University Robert H. McKinney School of Law. The annual event, named after former U.S. Senator Birch Bayh, will focus on issues of importance to Bayh regarding the government.
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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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