February 24, 2011
Jennifer NelsonThe Indiana Court of Appeals interpreted the elements of unlawful use of body armor for the first time in a defendant’s
appeal of his convictions following his attempt to flee from police.
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February 24, 2011
Jennifer NelsonThe Indiana Supreme Court has taken a question proposed by a federal court in a suit challenging the law that prevents voting
by people with misdemeanor convictions.
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February 23, 2011
Rebecca BerfangerFollowing the success of last year’s Race for LACE to support the Legal Aid Centre of Eldoret, Kenya, organizers are
seeking participants for this year’s event that coincides with the 5K race held with the OneAmerica 500 Festival Mini-Marathon
on May 7.
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February 23, 2011
Jennifer NelsonEven though Indiana courts strongly disfavor noncompete clauses in employment contracts as restraints of trade, the majority
of Indiana Court of Appeals judges affirmed the grant of a preliminary injunction against a Porter County man. They found
the company had a legitimately protectable interest in the man’s knowledge of its customers and market.
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February 23, 2011
IL StaffMagistrate Judge Mark J. Dinsmore of the United States District Court for the Southern District of Indiana will be formally
sworn-in Friday at the federal courthouse in Indianapolis.
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February 22, 2011
Jennifer NelsonThe Indiana Court of Appeals addressed vouching testimony by witnesses called during child molesting trials in two opinions
Tuesday. In one case, an appellate judge was troubled by the possible effect of the cumulative vouching testimony on the jury.
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February 22, 2011
Jennifer NelsonThe 7th Circuit Court of Appeals addressed an issue involving crack cocaine sentencing Tuesday – whether a defendant
sentenced under the career offender guideline, but with a downward departure for substantial assistance, is eligible for a
sentence reduction under 18 U.S.C. Section 3582(c)(2).
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February 22, 2011
IL StaffThe Indiana Supreme Court has appointed Indianapolis attorney Jane H. Conley as Judge Pro Tempore in Marion Superior Court,
according to a Feb. 16 order posted on the court’s website this week.
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February 22, 2011
Michael HoskinsThe Supreme Court of the United States denied one prisoner lawsuit from Indiana today, while not saying whether it will address
another case from this state on judicial speech. No decision was made on a third Hoosier case it heard arguments on more than
a month ago addressing vehicular flight.
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February 22, 2011
IL StaffA Marion man will be honored in March by the National Court Appointed Special Advocates Association with the G.F. Bettineski
Child Advocate of the Year Award. Frank West of CASA of Grant County will receive the award during the association’s
30th annual national conference in Chicago.
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February 21, 2011
Jennifer NelsonA case involving a Bloomington real estate transaction required the Indiana Court of Appeals to decipher the statutes in question
without the aid of previous interpretations because of a lack of previous caselaw interpreting them.
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February 21, 2011
Jennifer NelsonThe Indiana Court of Appeals ruled against a man who argued the enhancement of his burglary conviction to a Class B felony
because he burgled a church violated the federal and state constitutions. In the first impression issue, the judges held the
enhancement doesn’t violate the Establishment Clause of the First Amendment or Article 1, Section 4 of the Indiana Constitution.
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February 21, 2011
IL StaffThe Indiana University School of Law – Indianapolis, Neighborhood Christian Legal Clinic, and the Central Indiana Peace
Corps Association are hosting a poverty law event that will discuss issues facing American families.
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February 18, 2011
Jennifer NelsonFor the first time, the Indiana Court of Appeals addressed a contract that included a provision stating the signee is responsible
for 40 percent in attorney fees if a hospital had to initiate collection efforts to recover amounts owed.
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February 18, 2011
Jennifer NelsonThe Indiana Department of Child Services and IARCCA, an Association of Children and Family Services, announced their agreement
today in a dispute regarding reimbursement rate cuts. The dispute led to a lawsuit filed in late 2009 between the two organizations.
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February 18, 2011
Jennifer NelsonAn Indiana Court of Appeals judge expressed concern that a woman’s criminal case may be affected by her admittance of
violating several city ordinances after her dogs attacked two people.
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February 18, 2011
IL StaffIndiana Supreme Court history buffs have a new book to read. The Indiana Historical Society Press has published “Justices
of the Indiana Supreme Court,” which explores the lives of the state’s 106 justices.
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February 17, 2011
Michael HoskinsThe Indiana Supreme Court has granted transfer on a St. Joseph County adoption case and fully adopted a holding by the state’s
intermediate appellate court. In doing so, the state justices invited the prevailing biological mother to request attorney
fees because of what it found to be possible frivolous or bad faith efforts.
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February 17, 2011
Rebecca BerfangerThe Indiana Supreme Court heard oral arguments today involving the subpoena of records from a domestic violence agency by
a defendant who had been charged with two counts of Class A felony child molesting.
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February 17, 2011
Jennifer NelsonThe bill that would end a mandatory retirement age for certain judges and the bill that would unify Clark County courts are
ready for third reading in their respective houses.
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February 16, 2011
Michael HoskinsThe Indiana Court of Appeals has ordered a new trial for a surgeon accused of medical malpractice during a stem cell collection
procedure in which the patient died, finding that the trial court didn’t follow protocol in examining a potential juror’s
impartiality and deciding whether to strike that person from the jury pool.
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February 16, 2011
Rebecca BerfangerThe Indiana Supreme Court released two opinions today regarding the service of protective orders to respondents.
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February 16, 2011
Michael HoskinsIndiana Public Defender Susan K. Carpenter is retiring in May after almost 30 years in that position, the state’s highest
court announced today.
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February 16, 2011
Cory SchoutenThe Indiana Court of Appeals has agreed to hear an appeal from the widow of the late Melvin Simon, putting on hold a legal
dispute over the mall magnate's more than $2 billion estate.
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February 16, 2011
Rebecca BerfangerTo lead any large law firm, a managing partner needs a diverse set of skills. He needs to understand budgets, crisis management,
personnel issues, and how to interact with the media. It’s essentially the same for the prosecutor of Indiana’s
largest county.
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Never heard of remand to another state. How often does that happen?
I highly recommend Deanna and her team of professionals that serve the legal community. Great information and many thanks for sharing.
they are pushing these cases against lawyers too far. thought-crime.
vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.