Articles

COA: State didn’t bring man to trial within 1 year

The Indiana Court of Appeals reversed the denial of a defendant's motion for discharge under Indiana Criminal Rule 4(C), finding the state failed to bring him to trial within one year. In Delmar Caldwell v. State of Indiana, No. 75A03-0908-CR-393, Delmar Caldwell appealed the denial of his motion to discharge after the trial court found […]

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Judge wins national award for drug court

Noble Superior Judge Michael J. Kramer was nationally recognized for his work as judge of the Noble County Drug Court. Judge Kramer was named an Advocate of the Year at the Community Anti-Drug Coalitions of America's National Leadership Forum in Washington, D.C. He received the award at a luncheon Thursday.

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Estate entitled to hearing on cause of fire

A plaintiff is entitled to a hearing on whether vandalism caused the fire at an unoccupied home, the 7th Circuit Court of Appeals ruled today. The District Court never made a finding on the investigation that indicated it may have been burglars who started the fire.

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Suit claims courthouse violates ADA

Four defendants in cases pending before the St. Joseph Superior Court have filed a lawsuit claiming that county's courthouse is inaccessible for people with disabilities

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Indiana joins Asian carp lawsuit

The Indiana Attorney General is joining in the legal dispute over Asian carp in Lake Michigan. Attorney General Greg Zoeller filed an amicus brief on Friday in the lawsuit with the United States Supreme Court in Michigan's lawsuit against Illinois and the U.S. Army Corps of Engineers.

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Jury not properly instructed at man’s trial

The Indiana Court of Appeals reversed a defendant's convictions of battery and resisting law enforcement, and disorderly conduct because the jury wasn't properly instructed about the man's defense of the right to reasonably resist unlawful entry into his home.

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Tax court relocating

The Indiana Tax Court is relocating, but the court won't be moving very far. It's moving two floors down in its current building, the National City Center in Indianapolis.

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Justice honored for commitment to diversity

Indiana Supreme Court Justice Frank Sullivan Jr. will be honored with an American Bar Association Section of Litigation's
2010 Diversity Leadership Award next month. The award honors those who have demonstrated a commitment to promoting diversity
in the legal profession.

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Committee questions Indiana judicial nominees

Indiana's three judicial nominees appeared before the U.S. Senate Judiciary Committee today to answer senators' questions nearly a month after they were tapped to fill openings in the state's federal courts. Discussions regarding Department of Justice's Office of Legal Counsel nominee Dawn Johnsen have been delayed again. After two delays in the past 10 days, […]

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Judge dissents in eviction case

There is "potential for abuse" when an armed and uniformed police officer is at the scene of a self-help eviction or repossession of a private party, according to an Indiana Court of Appeals judge.

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SCOTUS chief justice to speak at IU-Indy

The chief justice of the United States Supreme Court will deliver the ninth annual James P. White Lecture on Legal Education at Indiana University School of Law – Indianapolis.

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Majority: No double jeopardy in enhancement

In a matter of first impression, the Indiana Court of Appeals was divided about whether a man's sentence enhancement based on his use of a deadly weapon violated the application of double-jeopardy principals.

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Proof of service is state’s burden

The Indiana Court of Appeals reversed an invasion of privacy conviction today because the state didn't prove the defendant knew he was the subject of an active protective order. The appellate court also concluded that notice of a protective order should come from the state.

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High court upholds life sentence

The Indiana Supreme Court upheld a man's sentence of life in prison, noting the defendant's numerous opportunities to reform, but that he continued to commit crimes.

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COA: Consent prevented constitutional violations

The Indiana Court of Appeals affirmed the denial of two defendants' motion to suppress evidence even though it wasn't reasonable under the Indiana Constitution because one of the men gave his consent to search the bag which held drugs.

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Law professor ends 15-month nomination battle

On a historic day when a longtime U.S. Supreme Court justice announced his retirement and an Indianapolis judge marked his investiture to the 7th Circuit Court of Appeals, an Indiana law professor withdrew her name from consideration for a post with the Department of Justice.

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