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Judge: Courts can’t trim budget and function

January 1, 2008

Faced with the possibility of cutting even more from the Carroll County’s courts budget this year, that county’s judges stood firm against Carroll County Council requests to again slash the court’s budget. The judges sent a letter to the council stating if the Indiana Supreme Court would relieve the courts of some duties, then the court’s budget could be further reduced. The letter was sent to point out the absurdity of the requested cuts, said Carroll Superior Judge Jeffrey Smith. Cutting…

2 events focus on Kenya

January 1, 2008

Two events in Indianapolis will offer a look at the connections between Indianapolis and Kenya, which includes a legal and sister city partnership, and an attorney who was in Kenya during the strife following that country's elections in late December.

Supreme Court grants 4 transfers

January 1, 2008

The Indiana Supreme Court granted four transfers yesterday in cases involving expungement of an arrest record, Indiana’s prostitution statutes, a landlord/tenant dispute, and whether control or title is critical in determining whether the vendor in a land-sale contract owes a duty to third parties. In State of Indiana v. Chad Arnold, No. 49A02-0610-CR-961, the Indiana Court of Appeals reversed a trial court order denying the state’s motion pursuant to Indiana Trial Rule 60(B), which requested relief from the order that Indiana State…

Candidates interviewed for St. Joseph judgeship

January 1, 2008

he St. Joseph Superior Court Judicial Nominating Committee interviewed 15 candidates today to fill a vacancy on St. Joseph Superior Court. The vacancy will be created when Judge William T. Means retires at the end of this month.

7th Circuit: Woman has claim for relief

January 1, 2008

The 7th Circuit Court of Appeals disagreed today with a District Court's dismissal of a woman's complaint against the federal government, finding she had stated a claim for relief following her dismissal from her job as a result of a Federal Protective Service investigation.

Court: Records inspection needs testimony

January 1, 2008

The Indiana Court of Appeals reversed a trial court decision to allow a couple to inspect a company’s financial statements, finding the trial court relied only on an affidavit – and not testimony – to allow the inspection. In Bacompt Systems, Inc. v. Angelina Peck and David C. Peck, No. 29A02-0708-CV-646, the Pecks made separate written requests to view Bacompt’s financial documents. The Pecks, who lived in Pennsylvania, owned approximately 25 percent of the company’s stock. Prior to David C. Peck’s termination…

Indiana’s legal aid in economic trouble?

January 1, 2008

With a legal aid agency closing in Fort Wayne, what's ahead for other legal aid providers in Indiana?

Chief Justice’s father passes away

January 1, 2008

Within the Hoosier legal community, Richard S. Shepard may get the most recognition as the father of Indiana’s chief justice.But the Evansville man’s life stands out on its own, ranging from island-hopping invasions in World War II to being a franchiser who helped pioneer the fast-food revolution of McDonald’s.The 87-year-old father of Indiana Chief Justice Randall T. Shepard died Sunday in Ft. Myers, Fla.Born in Chicago to Earle L. and Mary Schilling Shepard on May 11, 1921, Richard Shepard was part…

Supreme Court recognized for tech initiatives

January 1, 2008

The Indiana Supreme Court has received an honorable mention in an international awards competition for its work on major technology initiatives, the court announced today.

Judges differ on day-care credit, child support

January 1, 2008

An Indiana Court of Appeals panel disagrees about whether or not a parent who uses day care when he or she isn’t working is entitled to a child-support tax credit.In Craig Cross v. Victoria Cross, No. 49A05-0802-CV-94, authoring Judge Elaine Brown and Judge Paul Mathias ruled the trial court erred in ordering father Craig Cross to pay $30 more a week to pay for Victoria Cross’ work-related day care for their adult child with autism. At issue is whether or not the…

Mom’s promoting prostitution sentence stands

January 1, 2008

The Indiana Court of Appeals affirmed the 17-year sentence for a woman convicted of prostituting her daughter, finding her sentence was appropriate and that an even longer sentence could be justified.

In vitro firing case one of first impression

January 1, 2008

In the first of its kinds for any federal appellate court, the 7th Circuit Court of Appeals has ruled in favor of an Indiana woman who claimed she was wrongly fired for taking time off work to have in vitro fertilization.The 7th Circuit issued its decision on the Illinois case Wednesday in Cheryl Hall v. Nalco Co., No. 06-3684, a case that could have implications for women workers across the country. The appellate panel reversed a ruling from U.S. District Judge David…

Equal pay lawsuit heads to trial

January 1, 2008

A $42 million class action lawsuit involving Indiana state employees is scheduled to go to trial Aug. 19 in Marion Superior Court. The lawsuit was brought by state employees who worked more hours than other state employees in comparable jobs. In Paula Brattain, et al. v. Richmond State Hospital, et al., No. 49D11-0108-CP-1309, the class seeks compensation from the state for an estimated 15,000 state employees who were required to work a 40-hour week while some employees in similar positions at…

COA uses opinion to clarify sentence claims

January 1, 2008

The Indiana Court of Appeals used a defendant's appeal today to clarify that inappropriate sentence claims and abuse of discretion claims are to be analyzed separately.

Lawyer convicted of battery, confinement

January 1, 2008

An Indiana attorney often in trouble with the Indiana Supreme Court Disciplinary Commission was convicted Friday of crimes against a woman in a wheelchair. Northern Indiana attorney Michael Haughee was convicted of sexual battery and criminal confinement, both Class D felonies, and interference with the reporting of a crime, a Class A misdemeanor. Haughee was arrested in October 2006 following an incident at the woman’s home. Haughee claimed he went to the woman’s house to register her to vote. At the…

Marion Superior Judge Charles Deiter dies

January 1, 2008

Indiana has lost a longtime Marion County judge who’s been on the probate bench for three decades and was considered one of the state’s top probate jurists.Marion Superior Judge Charles Deiter, 71, who presided over the court’s probate division, lost a battle to cancer this morning, according to his colleague and longtime friend Judge Tanya Walton Pratt.”He was a wonderful judge, someone who was well-loved by everyone in the community and on the bench,” said Judge Pratt, who said the two…

Justices grant transfer in 2 cases

January 1, 2008

The Indiana Supreme Court granted two transfers this week.Justices will consider an Indiana State University case involving unemployment benefits for a discharged university professor, and another case delving into the attorney general’s power to demand discovery in consumer complaint investigations.One transfer comes in the combined appeals of Liberty Publishing Inc. and Nu-Sash of Indianapolis v. Steve Carter, No. 49A02-0606-CV-502, which the state’s appellate court ruled on June 25. The appeals court affirmed Marion Superior Court judgments that the attorney general has the…

Attorney named IU athletic director

January 1, 2008

For the second time this year, a Baker & Daniels attorney has been named athletic director at a university in the state. Indiana University selected partner Fred Glass as its new athletic director today.

COA to hear sex offender arguments Monday

January 1, 2008

The Indiana Court of Appeals will hear arguments in a case regarding the state’s sex offender residency law March 31 at Indiana University School of Law – Indianapolis.In State of Indiana v. Anthony W. Pollard, Pollard is a convicted sex offender who has lived for 20 years within 1,000 feet of a property where children could gather. He was charged for violating Indiana Code 35-42-4-11 and told that he could no longer live in his home. Pollard argues the law was…

New legal center opens in Marion County

January 1, 2008

The Marion Superior Court Family Resource Center – created by the Family Court Project for families with legal disputes – opens Monday and will offer easier access to information about legal and social services resources. The center will provide resources and referrals for various services such as domestic violence, protective orders, substance-abuse treatment options, and how to find an attorney. Residents filing pro se will be able to view videos that walk them through the self-representation process, as well as use…

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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

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

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

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