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COA: Judge abused discretion by revoking probation

April 15, 2014
Jennifer Nelson
A Perry County trial court abused its discretion in revoking a man’s probation based solely on being charged with a new offense, the Indiana Court of Appeals ruled Tuesday.
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7th Circuit: Protective sweep by SWAT team reasonable

April 15, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the denial of a defendant’s motion to suppress evidence found in his home during a protective sweep by the SWAT team after responding to a hostage situation. Marcus Henderson claimed the sweep – which led to the discovery of firearms – was unreasonable.
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Disciplinary Commission seeks to suspend Kokomo attorney’s license

April 14, 2014
Jennifer Nelson
The Indiana Supreme Court Disciplinary Commission is investigating the Kokomo attorney who abandoned his law practice last year and left the country.
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Attorney reprimand based on association with ‘Law Tigers’

April 14, 2014
Jennifer Nelson
The Indiana Supreme Court privately reprimanded a Lake County attorney Friday for making misleading communications regarding legal services and not including his office address in a public communications. The charges stem from his affiliation with a national for-profit organization that franchises its registered trademarks, including “Law Tigers,” to law firms around the country.
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Court splits over release of college transcript

April 14, 2014
Jennifer Nelson
A divided panel on the Indiana Court of Appeals dismissed Ball State University’s appeal of the order that it release the transcript of a student who left the school and owes tuition. The student’s mother added the university to her petition seeking to require her ex-husband to contribute to their child’s college expenses.
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Senators seek candidate to fill Judge Barker’s vacancy

April 14, 2014
Marilyn Odendahl
Indiana Sens. Joe Donnelly and Dan Coats have begun the process for selecting a candidate to fill the vacancy coming to the U.S. District Court for the Southern District of Indiana.
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Body shops sue insurers, allege push to drive down prices

April 14, 2014
Chris O'Malley, IBJ Staff
In a federal lawsuit, 14 Indiana shops accuse State Farm Insurance and competitors of extracting “unreasonable and onerous” concessions on vehicle repair costs.
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IU McKinney team in Vienna for moot competition

April 11, 2014
IL Staff
For the second year in a row, a group of students from Indiana University Robert H. McKinney School of law is competing in a prestigious international business law competition in Vienna, Austria.
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Northern District seeks magistrate for Fort Wayne division

April 11, 2014
IL Staff
The U.S. District Court in the Northern District of Indiana is now accepting applications for a full-time magistrate judge in the Fort Wayne division. The Judicial Conference of the United States has authorized the appointment.
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Bankruptcy court addresses e-filing, weather issues

April 11, 2014
IL Staff
The United States Bankruptcy Court in the Southern District of Indiana has posted notice on its website as to how it will handle situations when the electronic case filing system is unavailable or weather creates access issues for customers.
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Man knowingly waived right to jury trial on all charges

April 10, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s argument that he only agreed to a bench trial on one of the seven charges he faced following a violent altercation with his girlfriend.
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COA: Court should hear petition involving pet daycare

April 10, 2014
Jennifer Nelson
The Indiana Court of Appeals Thursday ordered a Marion County court to hear the merits of a hotel’s petition for judicial review of the zoning board’s decision to grant a variance to a develop a pet daycare facility next door to the hotel.
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IndyBar votes conditional support for Justice Center proposal

April 10, 2014
IL Staff
The Indianapolis Bar Association on Wednesday voted to give encouraging yet conditional support to Mayor Greg Ballard’s recent proposal to construct a new criminal justice center complex, according to a statement issued Thursday.
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Judge grants temporary restraining order in same-sex marriage suit

April 10, 2014
Marilyn Odendahl
A same-sex couple’s plea that Indiana recognize their marriage was granted Thursday by a federal judge in Evansville, a significant ruling in one of the five separate lawsuits that are challenging the state’s ban on same-sex marriage.
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Indy club must pay BMI for DJ’s tunes

April 10, 2014
Dave Stafford
A downtown Indianapolis nightclub must pay a tab approaching $20,000 because the club and DJs failed to obtain public-performance licenses after repeated warnings.
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8 more claim abuses in suspended Clark County drug court

April 9, 2014
Eight new plaintiffs have been added to a federal civil-rights lawsuit claiming officials involved in Clark County’s suspended drug court program jailed participants for months without due process, conducted improper searches and made unauthorized arrests.
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Judges affirm attorney fees from State Farm’s ‘groundless’ lawsuit

April 9, 2014
Jennifer Nelson
A car dealership accused of playing a role in a car fire that destroyed four cars and part of a man’s home is entitled to the more than $12,000 in attorney fees awarded to it after State Farm’s negligence lawsuit was dismissed. The Indiana Court of Appeals noted the insurer’s refusal to dismiss the claim despite knowing the dealership was not at fault for the fire.
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Councilor: ACLU settlement won't deter panhandling proposal

April 9, 2014
Kathleen McLaughlin, IBJ Staff
The city of Indianapolis reached a settlement with the American Civil Liberties Union over enforcement of its panhandling ordinance, but that won't deter a City-County Council effort to pass a more restrictive law, a councilor said Wednesday morning.
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COA affirms order allowing grandparent visitation with deceased son's daughter

April 9, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday upheld the order granting visitation to the paternal grandfather of a child whose father killed himself before her birth. But one judge had reservations about the visitation arrangements.
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Statute requires state to pay attorney fees on inmate’s appeal

April 9, 2014
Jennifer Nelson
Indiana Code 33-37-2-4 requires the state to pay appellate attorney fees and expenses when an inmate commits a crime in a state correctional facility, the Indiana Court of Appeals held Wednesday.
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New portable alcohol monitoring device gains favor in community corrections

April 9, 2014
Dave Stafford
Offenders ordered to forgo alcohol in order to stay out of prison now have a powerful incentive to stay sober – they hold the key to their freedom in their hands.
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Senior status not likely to slow Judge Barker

April 9, 2014
Marilyn Odendahl
Attorneys and judges alike say whenever Judge Sarah Evans Barker is on the bench, there is no question who is in charge in that courtroom. This is a judge they universally describe as well-prepared, well-organized and authoritative, but not averse to occasionally introducing a little humor in the proceedings.
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Former editors say Law Review experience invaluable

April 9, 2014
Marilyn Odendahl
Outside academic institutions, law reviews are seen in a different, sometimes less flattering, light. The common complaints about publications include concerns that students are editing the articles, getting a piece published can take months, and the end product has little relevance to the practicing bar.
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Law firms fight ‘onerous’ proposed tax change

April 9, 2014
Dave Stafford
Lawyers representing Indiana’s legal profession are heading to Washington, D.C., with a message for their congressional delegations – kill a proposal that would change the way many law firms report income-tax obligations.
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Former IURC chair’s appeal raises questions on official misconduct law

April 9, 2014
Dave Stafford
Did a former state utility regulator’s behavior that got him fired rise to official misconduct if he committed no crime? An Indiana Court of Appeals panel grappled with that question, as well as which version of the law applies, during oral arguments March 31.
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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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