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The primary election in Indiana has come and gone. Voters had to show photo identification, the same as in other recent
elections, but it was the first since the nation's highest court upheld the almost three-year-old state statute requiring
specific ID at the polls.
A 17-year-old male drove by the Indiana State Fairgrounds in a sports car last year with DVD-recorded nude and sexually explicit scenes playing on a video screen visible from the rearview window.Today, the Indiana Court of Appeals affirmed his adjudication as a delinquent juvenile for disseminating matter harmful to minors, an offense that would be a felony if committed by an adult. The court held that minors had visible access to the videos and that was sufficient evidence.In M.S. v. State…
If your local judge wasn’t on the bench the latter part of the week, it may be that he or she took some time to go to judicial school. The 2008 Spring Judicial College was Wednesday through today, offering jurists statewide a chance to brush up on certain areas of law or particular issues of interest. An estimated 250 Hoosier jurists converged on Indianapolis, coming and going for some or all of the annual college, Chief Justice Randall T. Shepard said.”It’s…
The Indiana Court of Appeals has ordered a company that brought a frivolous lawsuit to pay for the attorney fees and other costs of the defending party. In Natare Corporation v. Cardinal Accounts, Inc., 49A05-0704-CV-210, the Court of Appeals granted Natare’s motion to tax costs regarding a suit against them brought by Cardinal Accounts. The trial court reinstated Cardinal’s complaint, which sat in limbo for months because Cardinal made no action in the case. When Natare appealed the complaint, the Court of…
The Indiana Court of Appeals will hear arguments in an Elkhart County child molesting case in Bloomington Sept. 29.
The Indiana Supreme Court has determined what kind of “contact” a convicted child molester can have without violating probation.In the court’s 4-1 decision April 2 in Theron W. Hunter v. State of Indiana, No. 69S01-0708-CR-332, the justices reversed Ripley Circuit Judge Carl Taul’s 2006 ruling to revoke Hunter’s probation. The case is remanded with instruction to reinstate the probation.Hunter was convicted in 2000 of felony child molesting and sentenced to eight years, with four years suspended. He was released in July 2006 and placed…
The U.S. District Court for Northern District of Indiana is accepting public comment on the revision of Local Rule 72.1 – again. The Local Rules Advisory Committee recommended the revision of the local rule and had a period of public comment. Due to a clerical error, the revision of the rule wasn’t completed. Now, the corrected proposed Local Rule 72.1 is available free of charge at www.innd.uscourts.gov or at the Northern District Court’s divisional offices. Comments will be accepted through Sept….
The Indiana Supreme Court will hear arguments Thursday in two cases involving the dispersion of a percentage of riverboat casino revenues in East Chicago.
The Heartland Actors' Repertory Theatre will perform William Shakespeare's "The Merchant of Venice" Aug. 2 outside in downtown Indianapolis. The play, which is free, includes a famous courtroom scene.
A bank that opened an account for a man who used it to fraudulently deposit checks wasn’t required under Indiana Code to exercise ordinary care when opening the account, ruled the Indiana Supreme Court. At issue in Auto-Owners Insurance Company v. Bank One, et al., No. 49S04-0701-CV-27 is whether Bank One violated Section 405 of the Indiana Uniform Commercial Code by not exercising ordinary care when it allowed Kenneth B. Wulf to open a fraudulent account. Wulf was a resident adjustor for…
The Indiana Court of Appeals has found strong and compelling evidence to apply retroactivity to a procedural state statute lawmakers changed last year following a ruling from Indiana Supreme Court.In Mark Hurst v. State of Indiana, No. 64A03-0710-CR-490, the appellate court affirmed a Porter Superior judge’s ruling that the court properly amended charging information 15 months after the original omnibus date, that sufficient evidence of seriously bodily injury existed to support a felony battery conviction, and that Hurst was properly sentenced to…
The Indiana Court of Appeals has reversed a teenager's convictions for battery and disorderly conduct stemming from a face-off with an assistant principal and dean of students in the school cafeteria.
A nurse practicing in Indiana without a license had her convictions of forgery and practicing nursing without a license upheld April 22, but the Indiana Court of Appeals reversed the trial court order that she pay restitution to the county where she worked. In Rebecca D. Lohmiller v. State of Indiana, No. 08A02-0710-CR-873, Lohmiller appealed her convictions and sentence for six counts of forgery and 21 counts of practicing nursing without a license. The court sentenced her to four years imprisonment with…
The Indiana Court of Appeals ruled today that a federal act supersedes Indiana’s statute regarding exclusive jurisdiction over two parties’ child support order and affirmed the transfer of exclusive jurisdiction to a California court. In its ruling, the court had to decide whether or not the father still was a resident of Indiana in order to determine if the federal act applied to him. In In re the marriage of Mahmoud M. Basileh v. Arwa G. Alghusain, No. 29A02-0712-CV-1132, the Court of…
The Valparaiso Sports Law Clinic has created a free database of more than 20 years of cases, arbitration decisions, and current rules governing sports. The database covers more than 500 cases and arbitration decisions dating back to 1986 through today and has searchable versions of national and international rules governing various sports.
The Indiana Court of Appeals today upheld the dismissal with prejudice of a bank’s application to confirm an arbitration award regarding credit card debt because the bank failed to follow the proper procedure outlined in the Federal Arbitration Act. In MBNA America Bank v. Aaron Kay, No. 49A02-0711-CV-961, MBNA submitted a purported dispute over credit card debt by Aaron Kay to the National Arbitration Forum. Kay objected to the arbitration. The arbitrator found in favor of the bank and entered the…
The Indiana State Bar Association Litigation Section is sponsoring a CLE and luncheon featuring the chief counsel of the Lawyers' Committee for Civil Rights Under Law.
The Indiana Supreme Court has refused to hear a condemned man’s appeal and ordered his execution for May.Justices unanimously agreed this week to not rehear the case of Michael Dean Overstreet, who was convicted of the 1997 disappearance, rape, and strangulation of Franklin College freshman Kelly Eckart. He has been on death row since 2000, and the Supreme Court upheld the sentence in late November. His attorneys asked for a rehearing in January.Now, a docket entry sets the execution date for…
The Indiana Court of Appeals travels to Greencastle Oct. 14 to hear arguments in a case involving Indiana's "In God We Trust" license plates.
An advocate for legal reform who was wrongfully convicted of capital murder will visit Indiana University School of Law – Indianapolis to give a lecture based on his new book.