Articles

Senate gets resolution on marriage, civil unions

The Senate Judiciary Committee spent most of its time this week discussing the definition of marriage in Indiana and whether
a constitutional amendment should be sent to voters to make it tougher for courts and legislators to rewrite how they
handle both gay marriage and civil unions.

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Justices disagree about evidence issue

Indiana Supreme Court Chief Justice Randall T. Shepard didn't agree with his colleagues' decision that a defendant couldn't introduce evidence to dispute the judgment of an injured plaintiff's medical providers in choosing certain treatment.

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Judges uphold child pornography sentence

The 7th Circuit Court of Appeals found no procedural or substantive errors in a sentence following a man's guilty plea to a child pornography charge. In United States of America v. Brad Coopman, No. 09-2134, Brad Coopman challenged his sentence of 151 months in prison and 10 years of supervised release after he pleaded guilty to […]

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Lawsuit to take bar exam dismissed, re-filed

The man who sued the Indiana Supreme Court and State Board of Law Examiners because he wants to take the bar exam without going to law school had his case dismissed in federal court this week due to failure to pay the filing fee. He then re-filed his suit Thursday, alleging the same claims.

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Judges reverse protection order

A protection order under Indiana Code Section 34-26-5 against a woman should not have been issued because there was no evidence of domestic violence, stalking or a sex offense as required by statute, the Indiana Court of Appeals ruled today.

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Couple not a ‘successful party’ in settlement

Despite a lack of Indiana caselaw addressing the use of the term "successful party" for an award of attorney
fees after a settlement, the Indiana Court of Appeals deemed the term interchangeable with the term "prevailing party."

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SCOTUS denies Evansville shopping center case

The nation's highest court has refused to accept a case from the Indiana Supreme Court, which almost a year ago reduced a $2.3 million jury award in favor of an Evansville shopping center owner because of traffic flow issues created by the state.

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Judicial Center education director to retire

The longtime education director for the Indiana Judicial Center is retiring at the end of April, capping a career that's given her the chance to develop and put in place countless instructive programs for the state's judiciary.

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Mistake invalidates termination of dad’s rights

A father's consent to voluntarily terminate his parental rights so his sister could adopt his daughter was invalidated by misrepresentations made by a family case manager for the Department of Child Services. As such, the father's petition to set aside the judgment should have been granted, the Indiana Court of Appeals ruled today.

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Judges disagree on retroactive support issue

In a matter of first impression, a panel of Indiana Court of Appeals judges couldn't agree on whether an initial support order can be retroactive to a date preceding the filing of a petition for resolution. The judges disagreed as to whether a court has the authority to reach into an intact marriage and order a party to pay child support to the other.

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Appeals court split on parol evidence issue

Judges on the Indiana Court of Appeals were split on whether a boss's oral promise to a future employee regarding a severance package would be barred from consideration by the parol evidence rule.

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COA discusses jury-selection procedures

Despite being sensitive to a defendant's concerns about having no African-Americans included in his jury pool, the Indiana Court of Appeals affirmed his felony convictions of altering an original identification number and auto theft.

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BREAKING: Senate panel OKs Johnsen

Dawn Johnsen, nominated to be a key legal advisor for the president, was approved 12-7 along party lines by the U.S. Senate Judiciary Committee. Also, two of the three Indiana judicial nominees for the federal bench have gotten a green light from the committee.

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Judges split on duty owed to injured teen

A majority on the Indiana Court of Appeals affirmed summary judgment for a golf course, golf scramble organizers, and golfer in a teenager's suit after she was hit with a golf ball. Today's decision also expanded language from a previous ruling involving the duty to prevent injury to sports participants to now include sporting event volunteers.

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COA: No presumption of undue influence

A 2005 amendment to Indiana Code sets aside the common law presumption of undue influence with respect to certain transactions
benefiting an attorney in fact, the Indiana Court of Appeals ruled today on an issue of first impression.

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Justices decide statute, court rule issue

Even if a court rule is no longer relevant and an underlying state statute has been removed from the books, the Indiana Supreme Court says it still applies and must be followed until the justices revisit it themselves or say otherwise.

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