Articles

Volunteers still needed for Talk to a Lawyer

A few pro bono districts participating in the Talk to a Lawyer Today program have openings available for attorneys looking to donate a few hours of their time Monday to help the underserved in their communities.

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7th Circuit: Officer entitled to qualified immunity

Because Indiana's conversion statute doesn't appear to have an implied-consent defense, the 7th Circuit Court of
Appeals ruled a couple's excuse for possessing another person's camping gear was irrelevant to the probable-cause
determination to arrest them.

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Indiana soldiers refile suit against contractors

Members of the Indiana National Guard have refiled a toxic exposure suit against Texas contractors in a Houston federal court. The suit, originally filed in Indiana federal court in 2008, was dismissed in February for lack of personal jurisdiction.

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7th Circuit: amendment applies to all mortgages

A 2007 amendment allowing recorded mortgages with certain technical defects to provide constructive notice, as if the mortgages were properly recorded and acknowledged, applies to all mortgages regardless of when they were recorded, the 7th Circuit Court of Appeals ruled Friday.

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Court split on burglary tipster issue

A panel of Indiana Court of Appeals judges disagreed today as to whether the fact a tipster's identity was known by police was sufficient by itself to justify a police officer's stop of a juvenile.

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Prosecutor files answer to disciplinary charges

Delaware County Prosecutor Mark McKinney has responded to the disciplinary charges he faces in connection to his role as a
private attorney on civil forfeiture matters related to the criminal defendants he handled as a deputy prosecutor and prosecutor
on behalf of the state, saying his representation of the state wasn’t limited by his financial interest in forfeiture actions.

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Defendant must prove inability to pay

The defendant bears the burden of proving that he or she wasn't able to provide support at a probation revocation hearing for failing to support dependants, the Indiana Court of Appeals held today.

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Judges rule on custody issues

When modifying custody, the change in circumstances required by Indiana Code doesn't need to be so decisive in nature as to make the change necessary for the child's welfare, the Indiana Court of Appeals ruled today.

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Prosecutor spokesman resigns

An attorney and Marion County Prosecutor Office's public information officer has resigned from his position following his arrest for drunk driving. A special prosecutor has been appointed to handle the case.

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County immunity in weather-related accident

The Indiana Supreme Court affirmed summary judgment for a county sued as a result of a weather-related accident, holding government liability immunity in steps taken as a result of the weather lasts until at least the weather condition has stabilized.

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What the attorney general is watching

The session is about halfway over, but there are still several bills making their way through the General Assembly that the Indiana Attorney General's Office is watching.

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Justices vacate life sentence

The Indiana Supreme Court vacated a convicted murderer's sentence of life in prison without parole because the trial court judge didn't have the authority to impose the sentence after the jury failed to reach a unanimous sentencing recommendation. Kyle Kiplinger appealed his sentence of life in prison without parole following his convictions of murder and […]

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Magistrate, attorney general bills become law

Magistrates can now be certified as senior judges, and the parents who don't pay ordered child support but gamble at casinos can have their winnings withheld. Those are just two of the many bills Gov. Mitch Daniels has signed into law. The Indiana General Assembly ended its 2010 session March 13, with the fate of the […]

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COA: Storage fees capped per statute

The Indiana Court of Appeals affirmed that the owner of a car involved in a fatal accident must pay storage fees to a towing company, but those fees must be capped at $1,500.

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High court takes sentence-review case

The state's highest court has decided to take a case in which a defendant questioned whether the appellate review of a sentence should consider the suspended portion of a sentence as qualitatively different from the executed portion when determining if a sentence is inappropriate.

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Appellate ruling addresses priority rights

In reversing summary judgment for a home loan company on its complaint for strict foreclosure, the Indiana Court of Appeals specifically adopted the reasoning set forth in a federal decision involving priority rights on liens.

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