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Justices ready for sex-offender registry issue

January 1, 2008

The Indiana Supreme Court will consider two cases this week asking whether convicted sex offenders can be required to register for life on a statewide database.The state’s highest appeals court will hear a combined argument Thursday in Todd L. Jensen v. State, No. 02A04-0706-CR-351, and Richard P. Wallace v. State, No. 49A02-0706-CR-498. Arguments are set to begin at 9:45 a.m. and can be viewed online through a webcast.Now, Jensen v. State and Wallace v. State have a combined case number of…

Evansville attorney found dead

January 1, 2008

An Evansville defense attorney was found dead this morning by police after committing suicide, according to the Vanderburgh County deputy coroner.

County gets public defense reimbursement

January 1, 2008

For the first time in six years, Union County will receive reimbursement from the Public Defender Commission. The county will get a little more than $7,000 from the commission, which is 40 percent of the county’s first quarter costs for public defense. Union County has been eligible for reimbursements since 1999, but until this year only requested reimbursement for the years 1999-2002. The Public Defender Commission was created in 1989 by the General Assembly and distributes money to qualifying counties. Qualifying…

COA travels to Terre Haute

January 1, 2008

An Indiana Court of Appeals panel of judges travels to Terre Haute Thursday for arguments in a robbery case out of Vanderburgh County.

9th Circuit upholds Arizona immigration law

January 1, 2008

Indiana lawmakers who want to pass legislation targeting employers who knowingly hire illegal immigrants got ammunition from a federal appellate court ruling in California.

COA to travel to French Lick

January 1, 2008

The Indiana Court of Appeals travels to French Lick Tuesday to hear arguments in a case involving the validity of a search warrant.In James H. Helton v. State of Indiana, 20A04-0710-PC-00589, the judges are asked to determine whether an invalid search warrant was used to obtain evidence against James H. Helton. Also, if the search warrant was invalid, the court must decide whether Helton was denied effective assistance by his trial counsel when they did not move to suppress that evidence….

Governor names new Court of Appeals judge

January 1, 2008

Dubois Superior Judge Elaine Brown is the newest judge on the Indiana Court of Appeals.Gov. Mitch Daniels announced this morning Judge Brown’s appointment to the state’s second highest appellate court, replacing Judge John Sharpnack who is taking senior status in May. “This is a dream of a lifetime,” Judge Brown said, on first reaction this morning. “I’m just so extremely honored and humbled, and can’t wait to get started. It’s life-changing for me.”The southern Indiana jurist has been on the bench…

COA: Expenses apply under penalty period

January 1, 2008

The Indiana Court of Appeals ruled in favor of a woman who wanted her out-of-pocket payments to a nursing facility allowed as a spend-down expense, finding the Indiana Family and Social Services Administration's denial of her request would penalize her twice.

Prison program graduation Monday

January 1, 2008

After spending a semester together learning about social action in a class led by Indiana University-Purdue University Indianapolis, 12 Indiana Women’s Prison inmates and 12 IUPUI students will celebrate what they learned at a graduation ceremony Monday morning in Indianapolis. The 24 students were part of a collaborative effort between the university and the Indiana Women’s Prison entitled Inside-Out Prison Exchange Program, which first began in Indiana last year. The 12 IUPUI students attended the class inside the Women’s Prison. The…

Tax Court in Bloomington March 17

January 1, 2008

The Indiana Tax Court hits the road March 17 to hear arguments in a case regarding how to properly value a Meijer store for property tax purposes. The arguments will be held at 3:30 p.m. in the Moot Courtroom at Indiana University School of Law – Bloomington.In Meijer Stores Limited Partnership v. Betty Smith, Wayne Township Assessor, Michael Statzer, Wayne County Assessor, et al., No. 49T10-0609-TA-89, Meijer and Wayne County don’t see eye-to-eye on the assessed value of land owned by…

ND athletics director speaker at legal clinic event

January 1, 2008

The University of Notre Dame athletics director will be the keynote speaker at the Neighborhood Christian Legal Clinic's annual Justice for All Celebration.

District Court upholds jury award against GM

January 1, 2008

A U.S. District judge chastised General Motors for the way the company treated its salaried employees who gave up being under union protection and later wanted to rejoin the union as hourly workers. In an opinion released Aug. 15, Judge David Hamilton of the U.S. District Court, Southern District of Indiana, Indianapolis Division, upheld a $3.1 jury award against GM for promissory estoppel claims, finding the plaintiffs had provided sufficient evidence to prove their Sixth Amendment claim against the company. Judge…

Incurred risk not malpractice defense

January 1, 2008

A doctor cannot use evidence of a patient’s previous surgeries or pursue an incurred-risk defense against a medical malpractice suit, the Court of Appeals ruled today. In Brenda Spar v. Jin S. Cha, M.D., No. 45A05-0611-CV-683, Spar appealed the jury decision in favor of Dr. Cha in her medical malpractice claim against the OB/GYN for a surgery he performed on her. Spar previously had been in a serious automobile accident and as a result had numerous abdominal surgeries. When she decided to…

SCOTUS rules on money laundering

January 1, 2008

In a split decision this morning, the Supreme Court of the United States has defined money laundering and tossed out the convictions of an East Chicago man.The high court ruled on U.S. v. Efrain Santos, et al., No. 06-1005, which involved a money-laundering ring in East Chicago.A majority of justices held today that “proceeds” according to the federal money-laundering statute applies only to transactions involving criminal profits, not criminal receipts.Indianapolis attorney Todd Vare with Barnes & Thornburg argued before the high court…

Disciplinary case ends for 1, continues for judge

January 1, 2008

A Marion County commissioner has resolved the judicial disciplinary action against her, though a similar case against her supervising judge proceeded today with the start of a two-day hearing.

Commissioner permanently banned as judge

January 1, 2008

The Indiana Supreme Court approved an agreement between the Indiana Commission on Judicial Qualifications and a former Marion County commissioner and issued an order permanently banning her from serving as a judge.

Central Indiana law firms merge

January 1, 2008

Two central Indiana law firms have merged in order to provide their clients with all their legal needs in one firm. Indianapolis law firm Coleman Stevenson and The Montel Law Firm of Carmel officially became Coleman Stevenson & Montel today. The merger, which has been in talks for three months, came out of need, said Gerald Coleman, partner at Coleman Stevenson & Montel.The Montel Law Firm often represents clients in business and transaction work, but doesn’t do much in terms of litigation,…

Kids’ Voice receives United Way certification

January 1, 2008

Kids' Voice of Indiana learned today the organization's application to become certified by the United Way has been approved.

7th Circuit to hear arguments at law school

January 1, 2008

The 7th Circuit Court of Appeals travels Tuesday to hear arguments at Indiana University School of Law – Indianapolis.

COA to conduct arguments in Syracuse

January 1, 2008

The Indiana Court of Appeals travels north to a Syracuse high school Thursday to hear arguments in a case involving the search and discovery of drugs in a car. In Jerald J. Womack v. State of Indiana, 43A03-0706-CR-251, Womack appealed his convictions and sentence for Class D felony marijuana possession and for being a habitual controlled-substance offender. The Court of Appeals will determine whether the police search of Womack’s car violated his rights under the U.S. and Indiana constitutions and if…

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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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