Articles

COA reverses termination over rule violation

The Indiana Court of Appeals split today in its decision to reverse the termination of a mother's parental rights. The majority found the trial court abused its discretion in allowing the mother's trial counsel to withdraw her appearance under a local court rule.

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Judge to decide fate of Sidewalk 6 defendants

The Indiana Attorney General personally attended a civil racketeering court hearing this morning in Hammond, a rare in-person appearance that comes in the civil case against a former East Chicago mayor and a top aide.

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Police officer not entitled to qualified immunity

The 7th Circuit Court of Appeals affirmed a police officer isn't entitled to qualified immunity in a suit claiming excessive force because the officer didn't have a reason to point a submachine gun at the plaintiffs during the execution of a search warrant.

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Judges disagree on proof-of-age issue

Indiana Court of Appeals judges disagreed today about whether the state proved in its case a convicted child molester was 21 years old at the time the molestation occurred.

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Magistrate denies any pre-bench wrongdoing

A newly appointed federal magistrate in Indianapolis denies any misconduct or knowledge of wrongdoing that a judge says happened during a clean air trial last spring prior to her taking the bench.

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Judge questioned again for nomination

 U.S. District Chief Judge David F. Hamilton of Indianapolis appeared before the Senate Judiciary Committee this afternoon for a rare second hearing on his nomination for the 7th Circuit Court of Appeals.Lawmakers convened the second nomination hearing following complaints from Republican senators in early April about a lack of preparation time for the first hearing, which happened April 1. That hearing was just days before the Senate’s two-week break before Easter, and Hamilton answered questions before senators about his 14 years…

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High court expands Lambert decision

The Indiana Supreme Court issued two opinions today dealing with incarceration being considered as a substantial change in circumstances to justify modifying a child support order and what date a modification may take place.

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House committee split, justice election bill stuck

Legislation aimed at changing how the Indiana Supreme Court justices are chosen hasn't gotten enough support to make it out of committee for now, getting a split vote from lawmakers that means it won't be going to the full House for consideration.

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Bill: Legal aid services can assess indigency

Indiana lawmakers want the state's legal aid and pro bono programs to have one less hurdle to navigate through when representing indigent clients, agreeing that there's no need to always tie up court time in establishing indigency.

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BREAKING: Senate Judiciary delays nomination vote

The Senate Judiciary Committee has postponed voting on the nomination of U.S. Judge David F. Hamilton to the 7th Circuit Court of Appeals because some senators are concerned about the Indianapolis jurist’s record on the bench. Senators agreed during an executive business meeting this morning to hold over the nomination vote to the next meeting, which hasn’t yet been set. Committee chair Sen. Pat Leahy, D-Vt., said the delay was because the new ranking Republican committee member, Sen. Jeff Sessions, R-Ala.,…

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Supreme Court rules on police traffic stops

The Indiana Supreme Court has held that police don't have to verify whether the description of someone driving a vehicle matches the physical description of the registered owner obtained from a license plate check.

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COA reverses small claims judgment

The Indiana Court of Appeals reversed a small claims court judgment because it was troubled by the court's outright refusal to give the plaintiff a chance to introduce evidence to refute a counterclaim. In Robert A. Elrod v. Larry Brooks, No. 10A01-0903-CV-155, Robert Elrod appealed the small claims court's judgment in favor of Larry Brooks, who […]

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SCOTUS accepts Indiana offender-registry case

The nation's highest court has taken an Indiana case that asks whether someone can be criminally prosecuted under a federal sex-offense registry law if that defendant's underlying offense and move to another state predated the Sex Offender Registration and Notification Act's passage.

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Temporary and lessee worker same under act

In what appears to be the first time the Indiana Court of Appeals has been presented with a joint employer argument in the context of Indiana Code Section 22-3-6-1(a), the Worker's Compensation Act, the appellate court determined that "temporary employee" and "leased employee" are not mutually exclusive terms and are interchangeable.

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