Articles

Judges uphold involuntary commitment

When a defendant has been previously committed to a state institution because he was found incompetent to stand trial, that state institution may be considered a community mental health center for purposes of a report required under Indiana Code 12-26-7-3(b), the Indiana Court of Appeals held Monday.

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COA finds 2007 version of statute is an ex post facto law

The Indiana Court of Appeals has reversed in part a man’s petition for post-conviction relief challenging the finding that he is ineligible to petition for a change of status regarding being a sexually violent predator. The 2007 version of the applicable statute is an unconstitutional ex post facto law as applied to him.

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Fired professor wins one, loses another appeal

A tenured English professor at the University of Evansville who was fired after an inappropriate interaction with a fellow professor lost his appeal against his co-worker, but his case against the university will proceed.

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Court commission OKs new judicial officer requests

The Commission on Courts held its final meeting on Thursday, voting in support of new judicial officers for a handful of Indiana counties and agreeing to send those recommendations on to state lawmakers for consideration.

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Justices split over how to determine a lawsuit is equitable

The Indiana Supreme Court has expanded on a previous decision to create a multi-pronged inquiry to determine whether a suit is essentially equitable, a move that causes two justices to worry the new test may often foreclose a defendant’s right to a jury on distinct and severable legal claims.

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Court issues rules on bulk access to Odyssey case records

After more than four years of requests from commercial case management system vendors, the Indiana Supreme Court has outlined how third-parties can interface with the state-provided system to provide broader public access to Indiana court records.

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Justices vacate transfer of insurance case

By a vote of 4 to 1, the Indiana Supreme Court has decided to vacate transfer to an insurance case that split the lower appellate court regarding the definition of “ever” on a home insurance application.

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Federal court fees, PACER charge going up

The policy-making body of the federal judiciary wants U.S. judges to limit how often they seal entire civil cases. In addition, the public access fee for all records is rising and other court fees are going up.

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Special masters named in judge’s disciplinary case

The Indiana Supreme Court has appointed three trial judges as special masters to preside over the disciplinary case of one of their city court colleagues from Lake County, who is accused of operating an illegal traffic school, dismissing cases without assessing required fees, and dissuading one litigant from contesting a seatbelt violation in court.

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Court reverses decision denying trial counsel appointment

The Indiana Court of Appeals has determined a Jay Superior judge didn’t look at a defendant’s “total financial picture” when assessing his need for a court-appointed attorney. It has ordered a new indigency evaluation and trial for the misdemeanor battery charge.

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Court sends reminder on permanent withdrawal rules

Note to Indiana attorneys: don’t permanently relinquish your law license in this state unless you’re absolutely sure you won’t ever want to return. If you do, don’t be surprised if you have to take the bar exam again.

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