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COA: Only deceased’s parent can have visitation

January 1, 2009

A paternal grandmother whose son was convicted of manslaughter in the death of his child's mother doesn't have standing to petition for visitation with her grandchild under the Grandparent Visitation Act, the Indiana Court of Appeals ruled today.

Prosecutor faces misconduct charges

January 1, 2009

The Indiana Supreme Court's Disciplinary Commission has filed a complaint against Marion County Prosecutor Carl Brizzi alleging he played to the media and violated professional conduct rules when commenting about two murder cases.

COA reverses judgment for Ford in liability suit

January 1, 2009

The Indiana Court of Appeals reversed summary judgment today in favor of Ford Motor Co. in a products liability lawsuit, but the judges disagreed as to whether the manufacturer breached its duty to warn of the dangers of children riding in the front seat with airbags turned on.

High court reverses $2.3 million jury award

January 1, 2009

The Indiana Supreme Court reduced a $2.3 million jury award in favor of an Evansville shopping center owner, affirming a previous ruling that shopping center owners aren't entitled to consequential damages from street reconfigurations that affect traffic flow to the shops and prevent expansion of existing exit and entrance points. The high court was split […]

Judicial merit-selection override a possibility

January 1, 2009

The state's top executive has rejected the idea of scrapping merit selection in St. Joseph County, but it remains unclear whether lawmakers will attempt to override that veto during a special session.

FBI releases hate crime stats

January 1, 2009

More than 9,000 offenses in the U.S. in 2008 motivated by bias to particular groups of people were reported to the FBI in 2008, according to the FBI's Uniform Crime Reporting Program that publishes those statistics, the FBI announced today.

2010 Organization Day for lawmakers today

January 1, 2009

Lawmakers returned to the Indiana Statehouse today for Organization Day, a traditionally ceremonial time spent electing leaders and organizing priorities for its second regular session – the short session – that starts in January. More coverage will be in the Nov. 25 issue of Indiana Lawyer.

Lecture focuses on racial inequalities

January 1, 2009

This year's Indiana Supreme Court Lecture at Valparaiso University School of Law will focus on significant racial differences in labor, housing, education, and wealth.

7th Circuit: Courts wrongfully denied re-litigation

January 1, 2009

Finding Indiana state and District courts erred in denying a convicted killer the chance to re-litigate his claim for relief
from execution because he is mentally retarded, the 7th Circuit Court of Appeals vacated the District Court's denial of
the man's habeas petition

Coverage for unborn children up in air

January 1, 2009

Lawmakers failed to act on a bill that would have amended Indiana's child wrongful death statute to cover unborn children, thus defeating it for this legislative session in its current form.

Senate passes new COA panel bill

January 1, 2009

The Indiana Senate has given its OK to add three judges to the state's second highest appellate court.

COA rules on parenting time restriction

January 1, 2009

Indiana Court of Appeals judges had differing opinions as to whether the trial court was required to enter findings during a hearing in which a mother's parenting time was restricted.

Circuit certifies question for Supreme Court

January 1, 2009

The 7th Circuit Court of Appeals concluded an Indiana statute dealing with salvage titles is ambiguous and it should be up to the state's highest court to interpret it.

SCOTUS denies cert in Indiana case

January 1, 2009

The nation's highest court has declined to take an Indiana case asking whether a prisoner suing under the Prison Litigation Reform Act has the right to a jury trial on any debatable factual issue relating to a failure to exhaust administrative remedies.

Senate gets St. Joe judges bill, with twist

January 1, 2009

The full Indiana Senate will consider in the next week whether St. Joseph Superior judges should be elected or merit-selected and retained by voters. A Senate committee wants the full legislative body to consider that issue, but with a twist: An amendment has been attached to the controversial House Bill 1491.

Supreme Court considers MySpace statement

January 1, 2009

he Indiana Supreme Court today issued an opinion that affirmed a Kosciusko Circuit jury's conviction of a man who murdered
his girlfriend's 2-year-old daughter and the resulting sentence of life in prison without parole. The opinion also considered
the defendant's novel question: whether statements from his social networking Web site, which were presented to the jury
as evidence of his character, were admissible in court.

High court grants order in election case

January 1, 2009

The Indiana Supreme Court issued an order today granting the Marion County Election Board's corrected motion to remand a case pursuant to Appellate Rule 37.

COA: Manufactured home subject to law

January 1, 2009

The Indiana Court of Appeals determined that manufactured mobile homes are subject to Indiana's common law warranty of habitability, so it reversed the grant of summary judgment in favor of a manufacturer in a homeowner's property damage and personal injury complaint.

COA adopts ‘site-specific’ approach

January 1, 2009

For the first time, the Indiana Court of Appeals adopted a site-specific approach to rule on an insurance case with multiple policies in several states. The appellate court had been following a uniform-contract-interpretation approach when ruling on choice of law questions in contract actions.

Consent not defense in battery case

January 1, 2009

Because consent is not a defense to battery when a deadly weapon is used, the Indiana Court of Appeals affirmed a man's convictions of felony and misdemeanor battery on his girlfriend after branding her with a hot knife and hitting her with a cord.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

  • ‘Get involved.’ Indiana judges, attorneys offer advice for new lawyers

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

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