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7223 results for 'articles'

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School corporation’s renovation of building violated public bidding laws

March 6, 2013

The Indiana Court of Appeals ruled Wednesday that the Evansville Vanderburgh School Corporation’s renovation of a building to be used to house all administrative offices violated the state’s Public Bidding Laws.

Justices: Use preponderance of evidence standard to find probation violation

March 6, 2013

Kimberly Heaton will have a new hearing on whether she violated the terms of her probation when she was charged with Class D felony theft. The Indiana Supreme Court vacated her probation revocation because a Madison Superior judge may have used the wrong legal standard to find the violation.

Opinions March 5, 2013 ILD

March 5, 2013

Indiana Court of Appeals
Jerome Kleber v. Carla (Kleber) Butorac, and Ashlyn P.A. Kleber (NFP)
02A03-1207-DR-321
Domestic relation. Affirms order that Jerome Kleber pay Carla Butorac for college expenses of their children and attorney fees.

In the Matter of the Termination of the Parent-Child Relationship of H.M., and R.M. v. Indiana Department of Child Services (NFP)

18A02-1207-JT-626
Juvenile. Affirms termination of parental rights.

The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

Opinions March 5, 2013

March 5, 2013

Indiana Supreme Court
Michael Dodd and Katherine Dodd v. American Family Mutual Insurance Company
12S02-1203-CT-170
Civil tort. Affirms summary judgment in favor of the insurance company on its denial of coverage for a fire in the Dodds’ home garage. The issue of American Family’s failure to tender the premiums paid or that such failure was a prerequisite to the voiding of an insurance policy on grounds of material misrepresentations in the policy application wasn’t raised by the Dodds before the trial court. Orders the trial court to release and return the tender of premiums to American Family.

Justices rule in favor of insurer in dispute over canceled policy

March 5, 2013

The Indiana Supreme Court affirmed summary judgment for American Family Insurance in a lawsuit filed by a couple after the insurer denied coverage for a 2003 fire at their home and voided the insurance policy from its beginning.

U.S. Justice Clarence Thomas visits Notre Dame Law School

March 5, 2013

U.S. Supreme Court Associate Justice Clarence Thomas is at Notre Dame Law School Tuesday and Wednesday as the Judge James J. Clynes Visiting Chair. He will visit several law classes and speak with students and faculty.

Senate panel to hear problem-solving courts, ‘sovereign citizen’ bills

March 5, 2013

Proposals to expand services offered by problem-solving courts and to attempt to curtail fraudulent liens and other tactics of so-called sovereign citizens will be heard Wednesday by the Senate Judiciary Committee.

COA: Court properly denied instruction on innocence

March 5, 2013

A Lake Superior Court did not abuse its discretion in denying a jury instruction on the presumption of innocence submitted by a man on trial for murder and neglect of a dependent, the Indiana Court of Appeals ruled Tuesday.

Opinions March 4, 2013 ILD

March 4, 2013

Indiana Court of Appeals
In Re the Involuntary Termination of the Parent-Child Relationship of S.H. and E.H., N.H. v. The Indiana Department of Child Services and Lake County Court Appointed Special Advocate (NFP)
45A03-1207-JT-313
Juvenile. Affirms involuntary termination of parental rights.

Antonio Highbaugh v. State of Indiana (NFP)
49A02-1201-CR-3
Criminal. Affirms sentence of 365 days of incarceration with 361 days suspended to probation for Class A misdemeanor residential entry.

In Re the Involuntary Termination of the Parent-Child Relationship of T.J.: S.J. v. The Indiana Department of Child Services and Child Advocates, Inc. (NFP)

49A04-1207-JT-342
Juvenile. Affirms involuntary termination of parental rights.

David S. Healey v. State of Indiana (NFP)

33A04-1202-MI-107
Miscellaneous. Grants petition for rehearing, reverses denial of verified petition to remove designation as a sex offender, and remands for further proceedings.

Anthoney D. Coveleski v. State of Indiana (NFP)

84A05-1206-CR-282
Criminal. Reverses Class D felony conviction and orders the trial court to enter the judgment of conviction on assisting a criminal as a Class A misdemeanor. Finds the state presented sufficient evidence to support the misdemeanor conviction.

Glenda Howell v. State of Indiana (NFP)
71A04-1208-CR-436
Criminal. Affirms sentence for Class A felony dealing in cocaine.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
 

Opinions March 4, 2013

March 4, 2013

Indiana Court of Appeals
Michael Williams, Jr. v. State of Indiana
30A01-1207-CR-305
Criminal. Reverses convictions of Class B felonies burglary and conspiracy to commit burglary, and Class C felony carrying a handgun without a license. Williams’ trial counsel’s performance was deficient by failing to object under Indiana Evidence Rule 404(b) to the admission of evidence of William’s previous bad acts and convictions. Remands for a new trial.

Man to get new trial because of counsel’s performance

March 4, 2013

Because the extent of prior bad acts admitted into evidence during a man’s trial in Hancock County was “breathtaking,” the Indiana Court of Appeals ordered he be retried on burglary and handgun charges.

House committee to hear sex offender, immediate detention bills

March 4, 2013

The Senate Corrections & Criminal Law Committee meets Tuesday morning to hear four bills, including a bill altering registry requirements and procedures for sex offenses and sex offenders.

Judge tosses suit against NCAA that reads ‘like a press release’

March 4, 2013

A federal judge on Friday dismissed several former college athletes’ attempt to bring a class-action lawsuit against Indianapolis-based NCAA, writing in a 25-page order that the complaint “reads more like a press release than a legal filing.” The judge left open the possibility that an antitrust claim may survive.

Lampoon: Durham used $1M from company to pay attorney

March 4, 2013

A film company once headed by Indianapolis financier Tim Durham says he transferred $1 million to his Indianapolis lawyer, John Tompkins, while fighting federal securities fraud charges

Opinion March 1, 2013 ILD

March 1, 2013

Indiana Court of Appeals
Term. of the Parent-Child Rel. of: J.C. (Minor Child), and H.B. (Mother) v. The Indiana Dept. of Child Services (NFP)
26A01-1205-JT-207
Juvenile. Affirms termination of parental rights.

Kedrin Sweatt v. State of Indiana (NFP)

49A05-1209-CR-442
Criminal. Affirms 105-year sentence for two counts of attempted murder, one count each of resisting law enforcement and robbery, and four counts of criminal confinement.

Patrick Griesehop v. State of Indiana (NFP)
40A01-1207-CR-385
Criminal. Affirms seven-year sentence for Class C felony robbery.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

Opinions March 1, 2013

March 1, 2013

7th Circuit Court of Appeals
Securities and Exchange Commission v. First Choice Management Services Inc., et al.
12-3308
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms $600,000 sanction against SonCo for contempt of court by not following a court order. The $600,000 is actually a gross understatement of the harm caused by SonCo’s contempt for failing to take over operation of Alco’s wells within 90 days as ordered.

Judges uphold $600k sanction for contempt

March 1, 2013

After initially vacating a District judge’s $600,000 sanction against SonCo Holdings for contempt of court and remanding it to the lower court for more proceedings, the 7th Circuit Court of Appeals upheld the sanction Friday. 

7th Circuit affirms kidnapping and extortion convictions, sentence

March 1, 2013

Finding no error in the admittance of three photo identifications of a defendant following charges of kidnapping and extortion, the 7th Circuit Court of Appeals upheld Lamar Sanders’ convictions and 25-year sentence Thursday.

5 sitting jurists to judge moot court competition Friday

March 1, 2013

A panel of distinguished judges, including one from the 7th Circuit Court of Appeals, will be on hand Friday evening to hear final arguments in a case involving judicial recusal and eminent domain as part of the Indiana University Maurer School of Law Sherman Minton Moot Court Competition.

Settlement talks set for Don Marsh severance dispute

March 1, 2013

Lawyers for Marsh Supermarkets Inc. and its former CEO are set to meet Monday in hopes of finally ending their years-long court battle in which the company already has notched a partial victory.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • State judiciary is considering alternative exam for bar admission

  • Birth certificate changes for seven transgender Hoosiers are in limbo

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