Articles

Justices reformulate jury instruction

The Indiana Supreme Court upheld the denial of a man’s petition for post-conviction relief claiming ineffective assistance of counsel. In doing so, the justices addressed the use and language of a jury instruction and rewrote it to make it clearer.

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Liquids banned from Southern District courthouses

Beginning March 1, visitors to any courthouse in the Southern District of Indiana will not be permitted to bring in their own liquids or beverages. The change comes following a recommendation from the United States Marshals Service.

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Justices dissent on denying transfer in wage payment case

Two Indiana Supreme Court justices disagreed with their colleagues about not taking a case on the state’s wage payment statute, issuing dissent that described how they believe the justices should clear up perceived uncertainty about whether the law can be applied to certain claims before the Indiana Department of Labor.

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Justices rule governor doesn’t have to testify in IBM case

On the same day it heard arguments, the Indiana Supreme Court reversed a Marion Superior judge’s ruling and held that Gov. Mitch Daniels does not have to testify or be deposed in an ongoing lawsuit over the cancelled contract to modernize the state’s welfare system.

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Task force will examine Marion County’s small claims courts

A new task force will review the practices and procedures of the nine small claims courts within the state’s largest county, following critical reports last year suggesting litigants may not receive the same access to justice in each court or as parties have in other Indiana jurisdictions.

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Vagueness of policy is grounds for reversal

The 7th Circuit Court of Appeals has reversed a District Court’s grant of summary judgment in favor of St. Paul Fire & Marine Insurance Company, holding that the language of its insurance policy creates a question of liability for deductible payments.

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On rehearing, COA affirms original opinion

On petition for rehearing, the state Department of Child Services claims that the appellate court imposed an undue burden upon the agency by recognizing that DCS has to make a prima facie showing regarding current conditions before the parent is obliged to come forward with evidence.

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Appellate court orders hearing on judge’s impartiality

The Indiana Court of Appeals has ruled that a Monroe Circuit judge abused her discretion in denying a motion to recuse in a small claims case that involved an attorney who previously served as the judge’s election campaign committee chair.
 

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