Articles

High court grants 5 transfers

The Indiana Supreme Court granted five transfers late on July 2, including cases on possession of cocaine in a family housing complex and "no fault" attendance policies in workplaces.

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Judges don’t agree candidate is ‘qualified’

Indiana Court of Appeals judges disagreed as to whether an elected at-large school board candidate was "qualified" under the Indiana Constitution to take office because his election caused three members from the same school district to be on the board.

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Indiana funds want SCOTUS review

Three Indiana pension and construction funds are asking the Supreme Court of the United States to reconsider their objections to the Chrysler bankruptcy proceedings that earlier this year resulted in the sale of most of the American automaker's assets to an Italian company.

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High court: land seller not liable in death

Addressing an issue of first impression today, the Indiana Supreme Court considered under what circumstances a vendor of land may be liable to a third party for harm resulting from the condition of trees on the property near a road.

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Civil penalty claim against BP to move forward

A U.S. District judge in Hammond has dismissed two counts against gas company BP Products North America, finding he has jurisdiction to hear the claims but deciding not to do so because of similar action ongoing elsewhere.

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AG wants Melendez-Diaz overturned

The Indiana Attorney General's Office is joining several states in co-authoring an amicus brief asking the Supreme Court of the United States to modify or overturn its decision in Melendez-Diaz v. Massachusetts

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Indiana delegation attending ABA summit

Indiana Supreme Court Chief Justice Randall T. Shepard is heading an Indiana delegation that will attend the American Bar Association's national summit to foster cooperation and communication among the three branches of state government.

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First impression in jury rule issue

The participation of alternate jurors in discussions of evidence during recesses from trial, as allowed under Indiana Jury Rule 20(a)(8), doesn't violate Indiana statute that prevents alternates from participating in deliberations. The Indiana Court of Appeals ruled on the matter for the first time today.

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Need remains for GAL/CASA help in Indiana

While more than 4,000 Indiana children remain on a waiting list for advocates in cases that involve abuse and neglect, Guardian Ad Litem/Court Appointed Special Advocates programs recruited and trained 911 new volunteers, a 50 percent increase from 2007, according to the 2008 statewide Court Appointed Special Advocates statistics made available today.

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COA invites high court to revisit Indiana law

In a case involving the purchase of a home, Indiana Court of Appeals judges today disagreed as to whether the home sellers should be granted summary judgment in a fraud suit. The judges unanimously did agree to encourage the Indiana Supreme Court to re-evaluate a rule that protects a seller from a lawsuit, even if he lies about a property, as long as the prospective buyer had a reasonable opportunity to inspect the property.

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