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Kenley appears warm to boost in Odyssey funding
March 29, 2013
Dave StaffordSenate Appropriations Chairman Luke Kenley, R-Noblesville, on Thursday signaled he supported a boost in funding for the Odyssey
case management system and other court technology functions, after proposed funding was reduced in the House budget plan.
More7th Circuit rules against homeowners on quiet title action
March 29, 2013
Jennifer NelsonA Hamilton County couple who went into default on their home mortgage loan had the dismissal of their action to quiet title
and claims of negligence and unconscionability upheld Friday by the 7th Circuit Court of Appeals.
MoreJudge: State can’t enforce 2 parts of immigration law
March 29, 2013
Jennifer NelsonU.S. Judge Sarah Evans Barker has ruled that the state can’t enforce two sections of the Indiana law dealing with immigration:
one dealing with arrests and one dealing with the use of consular identification cards for identification.
MoreBill reforming criminal code passes Senate committee
March 29, 2013
IL StaffThe first comprehensive overhaul of Indiana’s felony statutes in more than 35 years passed the Senate Committee on Corrections
and Criminal Law Thursday by a vote of 8-1.
MoreJudge rules in favor of Caterpillar in tax deduction dispute
March 29, 2013
Jennifer NelsonIndiana Tax Judge Martha Wentworth granted summary judgment to Caterpillar Inc. Thursday, finding the company’s foreign
source dividends are deductible in calculating its state net operating losses available for carryover as a deduction from
taxable income in future years.
MoreCOA budget request delays Appeals on Wheels webcasts
March 28, 2013
Dave StaffordA modest increase requested over the next two budget cycles won’t include technical upgrades to allow webcasts of traveling
Court of Appeals oral arguments, Chief Judge Margret Robb told the Senate Appropriations Committee on Thursday.
MoreConcerns about CHINS petitions raised during budget hearings
March 28, 2013
Marilyn OdendahlAfter the Indiana Department of Child Services made its presentation to the Senate Appropriations Committee Thursday, the
discussion quickly turned to Child in Need of Services petitions.
MoreDefendant in neighborhood explosion now faces conspiracy to commit murder charge
March 28, 2013
IL StaffMark Leonard, one of three arrested and charged for an explosion in an Indianapolis neighborhood that killed two people, has
been charged with Class A felony conspiracy to commit murder. The Marion County Prosecutor’s Office alleges he attempted
to arrange a murder-for-hire plan while in jail on charges stemming from the explosion.
MoreProsecutor can’t grant use immunity to parents of injured infant
March 28, 2013
Jennifer NelsonThe Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under
the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right
against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.
MoreMother not denied due process by not having appointed counsel in CHINS case
March 28, 2013
Jennifer NelsonWhile disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child
in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld
the termination of mother J.A.’s parental rights to her son G.P.
MorePence appoints Hostetler to St. Joseph bench
March 28, 2013
IL StaffIndiana Gov. Mike Pence announced Thursday that he has selected Steven L. Hostetler to replace St. Joseph Superior Chief Judge
Michael P. Scopelitis when he retires June 3.
MoreSenators skeptical of funding Odyssey access for public defenders
March 28, 2013
Dave StaffordSenate budget writers appeared skeptical of a request Thursday to spend more than $2.1 million over the next four years to
give public defenders statewide the same access to case management systems that prosecutors, judges and others have in many
counties.
MoreAppeals court tackles sex offender use of social media
March 27, 2013
Jennifer NelsonTwo months after the 7th Circuit Court of Appeals struck down the state’s law prohibiting sex offenders from using certain
social media sites, the Indiana Court of Appeals ruled that Indiana Code 35-42-4-12 violates an Elkhart County man’s
First Amendment rights.
MoreCOA: Court allowed to admit evidence from man’s home
March 27, 2013
Jennifer NelsonThe Allen County man who tried to convince the Indiana Court of Appeals that law enforcement shouldn’t have searched
his trash and been allowed to obtain a warrant based on evidence from that trash lost his appeal Wednesday.
MoreCourt erred in striking state’s response as untimely
March 27, 2013
Jennifer NelsonThe Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s
response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant
the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.
MoreCOA reverses vacation of grandparent visitation
March 27, 2013
Jennifer NelsonEven though a grandmother lacked standing to pursue a grandparent visitation order when it was granted, the trial court erred
in later vacating the order, the Indiana Court of Appeals ruled. The grandchildren’s guardians’ objections to
the grandmother’s lack of standing were waived when they failed to appeal the original order.
MoreJudges reduce sentence due to ineffective trial counsel
March 27, 2013
Jennifer NelsonThe Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming
from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed
to inform Scott of the correct maximum sentence he could face.
MoreSenate passes civil immunity, sentencing alternatives for young offenders bills
March 27, 2013
IL StaffThe Indiana Senate approved several pieces of legislation from the House this week, including a bill that would establish
sentencing alternatives for certain offenders under the age of 18.
MorePence gets finalist list for St. Joe judgeship
March 27, 2013
IL StaffA letter containing the names of the five finalists vying to succeed St. Joseph Superior Judge Michael P. Scopelitis has been
delivered to Gov. Mike Pence. Scopelitis will retire in June. The list was tweaked after finalist Elizabeth Hurley was appointed
to fill another pending vacancy on the court.
MoreAttorneys use pro bono tax work to fill the gap
March 27, 2013
Marilyn OdendahlAlmost immediately after taking her seat on the Indiana Tax Court, Judge Martha Blood Wentworth saw the problem. Flowing into
her court were numerous pro se litigants who ended up getting their cases bounced because they had made a procedural error.
MoreFirm branding efforts foster cultures and help drive business growth
March 27, 2013
Dave StaffordBranding sets firms apart from the competition, but it also reflects, shapes and defines a firm’s culture, marketing
experts say. The dividends extend beyond forging an identity.
MoreNew dean promotes IU McKinney as national leader
March 27, 2013
Marilyn OdendahlProfessor Andrew Klein to take the helm of the Indianapolis law school July 1.
MoreLawmakers advance bill to aid courthouse restoration, but money is missing
March 27, 2013
Dave StaffordNearly every county seat in Indiana could benefit from a bill promoting historic courthouse renovation and maintenance projects.
Only problem is, when lawmakers passed the legislation through the Senate they stripped out the money for it.
MoreBehind the News: Lawsuit over Simon’s bonus may expose board’s mindset
March 27, 2013
Greg AndrewsThe $120 million retention bonus that Simon Property Group Inc.’s board awarded David Simon two years ago has spawned
a bitter legal battle in Delaware that promises to shed fascinating light on the inner workings of the board.
MoreStepping outside the career comfort zone
March 27, 2013
Chris O'MalleyTaking utility president role at PSI Energy had risks for Kay Pashos.
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The court of appeals not only tries to rewrite or interpret the law to suit their fancy, now they choose play stupid as well. Every consideration must be given to pro se litigants, who are not held to the same standards as attorneys, as stated by,SCOTUS. I assume they didn't have a lawyer, since one wasn't mentioned and I strongly suggest thatb the rest of the, origional petitioners get back in there and fight for their rights.
the irony of situations like this is that the clients whom conour cheated are the ones who should be pulling hardest for him to remain free and keep his law license, so they have some hopes of him paying back. really bury the guy deep and then there will be little hope of restitution
Qualified immunity, means that if you wear a badge, you are exempt from law and free to do anything you please! The courts will back badge toting individuals, because they think they are above the law as well. They think, they have judicial immunity, they do not.
Deeply, deeply concerned? I'll bet if it was the judge's money that had been swindled we'd see deep concern with actual consequences. First a Ponzi scheme, then a shell game with the assets…c'mon, hasn't Conour abused the judicial system and his clients long enough? I say enough already.
Wow, just wow.