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Judge Fisher’s retirement ceremony Friday

December 14, 2010
IL Staff
A retirement ceremony for Indiana’s first Tax Court judge will happen Friday at the Indiana Statehouse.
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COA rules in favor of town on breach of contract claim

December 13, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed partial summary judgment to a city that collected a lower monthly bill rate than what was required for wastewater treatment from a town for 15 years and then sued to recover more than $500,000 it believed was owed to it. The city never informed the town the sewage treatment rate increased or that it was embroiled in a lawsuit over the matter.
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'We The People' students to witness naturalization ceremony

December 13, 2010
Rebecca Berfanger
As part of a three-day program that includes state finals for a civics competition that the Indiana Bar Foundation oversees, students will witness a naturalization ceremony this evening in downtown Indianapolis.
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Justices grant two civil cases, deny 27 appeals

December 13, 2010
IL Staff
The Indiana Supreme Court has accepted two cases, one involving how public safety officials notify the driving public about icy road conditions and a second case delving into what state law requires when it comes to property tax changing land annexations.
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BLE director resigns

December 10, 2010
Michael Hoskins
The Indiana Supreme Court is searching for someone new to lead the state’s Board of Law Examiners after Linda L. Loepker resigned earlier this week.
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Justices: sentence shouldn't have been upped on appeal

December 10, 2010
Jennifer Nelson
The Indiana Supreme Court has ordered that a man’s sentence be reduced after the lower appellate court increased it on appeal.
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Governor appoints former prosecutor candidate to ATC

December 10, 2010
IL Staff
Mark Massa, the Republican candidate for Marion County prosecutor, is the new chairman of the Alcohol & Tobacco Commission. Gov. Mitch Daniels announced the appointment Thursday.
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COA divided on dismissal of OWI charges

December 9, 2010
Jennifer Nelson
The Indiana Court of Appeals split on whether a defendant’s operating while intoxicated charges should have been dismissed because the charging information didn’t let the man know what vehicle he needed to defend against operating.
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7th Circuit order changes wording in public-records opinion

December 9, 2010
Rebecca Berfanger
In an order dated Wednesday and posted on the website for the 7th Circuit Court of Appeals today, a Nov. 29 opinion from that court was amended following a motion filed by the defendants on Dec. 2 to delete a reference to the defendants as “silly” and “unprofessional.”
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Justices split on imprisonment for violating probation

December 9, 2010
Jennifer Nelson
The state must prove a probationer accused of violating a term involving a payment by not paying did it recklessly, knowingly or intentionally. The burden is on the probationer to show an inability to pay, the Indiana Supreme Court decided in an opinion handed down Wednesday afternoon.
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Appellate court to hear arguments in Fishers

December 9, 2010
IL Staff
The Indiana Court of Appeals hits the road Friday to visit Hamilton Southeastern High School in Fishers for oral arguments in an interlocutory appeal involving the denial of a motion to suppress.
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Judge: not all farm expenses are tax deductible

December 8, 2010
Jennifer Nelson
A probate court incorrectly allowed an estate to deduct three farm-related expenses from its inheritance tax return, but affirmed the deduction of the remaining nine in question, the Indiana Tax Court ruled Tuesday.
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Appellate court rules traffic stop legal

December 8, 2010
Jennifer Nelson
A police officer had reasonable suspicion to stop the car of a man who parked illegally in a handicapped spot after the car made it on to the street, ruled the Indiana Court of Appeals.
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SCOTUS takes case on whether vehicular flight from police is a 'violent felony'Restricted Content

December 8, 2010
Michael Hoskins
No one disputes fleeing in a vehicle from police is a crime. But whether that crime is considered a “violent” one worthy of an enhanced sentence under a long-standing federal career criminal statute is a legal nuance now an issue before the nation’s highest court, and Indiana is playing a key role.
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Encouraging diversity at law schoolsRestricted Content

December 8, 2010
Rebecca Berfanger
When asked if diversity played a role in their decisions on where to attend law school, a handful of minority law students in Indiana said while it wasn’t the biggest or only factor, it often was a consideration.
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Judge and his wife use son's death to discuss prescription drug abuseRestricted Content

December 8, 2010
Michael Hoskins
The scream that pierced the silence one morning almost two years ago is one that haunts Marion Superior Judge Bill Nelson every day, and it likely will for the rest of his life.
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Fewer filings, newer trends

December 8, 2010
Michael Hoskins
The number of cases filed in the state courts dropped slightly in 2009 from the previous year, but the nearly two million filings still amounted to the second-highest number ever for Indiana.
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Attorneys help wounded warriors

December 8, 2010
Rebecca Berfanger
Since June, a number of Indiana-based Army Reservists have been helping American soldiers in their greatest hour of need.
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Local courts, educational program named after 3 Indiana jurists

December 8, 2010
Michael Hoskins
The practice of naming a building after someone is a longstanding tradition throughout the country, but one of the most common practices in those renamings is waiting until someone dies to dedicate that place.
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ITLA focuses on education, legislation, amicus briefs

December 8, 2010
Rebecca Berfanger
As the year comes to a close, the president of the Indiana Trial Lawyers Association said the organization of about 1,000 members will continue its three major goals: to provide educational opportunities, to write amicus briefs when there is a broader issue that can apply to cases and clients of trial attorneys, and to track bills as they are submitted by legislators for the 2011 session of the Indiana Legislature.
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Editorial: Election Day 2010 provides cause for concern

December 8, 2010
Editorial Indiana Lawyer
Here's to hoping reason and sanity will prevail, but we're not holding our breath.
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Judge's collection inspired military museum in Vincennes

December 8, 2010
Rebecca Berfanger
After starting his collection of World War II memorabilia as a child, almost three decades ago a judge in southern Indiana had amassed enough artifacts, including jets and tanks, to open a museum in Vincennes.
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COA: student loan funds exempt from garnishment

December 7, 2010
Rebecca Berfanger
The Court of Appeals today found that student loan funds that had been deposited in a personal account were exempt when it came to whether those funds could be taken from a defendant’s bank account to satisfy a judgment regarding legal fees the defendant owed to the plaintiff.
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Court reverses because of DCS notification policy

December 7, 2010
Michael Hoskins
The Indiana Court of Appeals has reversed the parental right termination decision made by a trial court, ruling that both the court and Indiana Department of Child Services in Porter County denied a biological father his due process by not notifying him of CHINS proceedings that ultimately led to his paternal rights being taken away.
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Judges uphold denying visitation to ex-partner

December 7, 2010
Jennifer Nelson
The Indiana Court of Appeals ruled today that lawmakers didn’t intend to allow parents to establish joint custody with third parties under Indiana Code Section 31-17-2-3 by simply filing a joint petition with a trial court. Doing so would allow parents and third parties to circumvent the requirements of the Adoption Act.
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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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