Articles

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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Attorney sentenced to 2 years in prison

An attorney who pleaded guilty to operating a vehicle while intoxicated causing death as a Class C felony has been sentenced to two years in the Indiana Department of Correction.

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Judges split in termination ruling

In an opinion involving whether a worker was fired for just cause after multiple excused absences, the majority acknowledged the split in the Indiana Court of Appeals regarding the reasonableness of "no-fault" attendance policies.

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Judge’s suspension begins Feb. 11

An Allen County judge sanctioned as a result of his conduct in a fellow jurist's courtroom will serve a three-day suspension without pay beginning Feb. 11, the Indiana Supreme Court announced today.

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COA rules on coal bed gas dispute

In settling a dispute between two Illinois companies regarding who has the legal right to recover coal bed methane gas, the Indiana Court of Appeals made its decision based on public safety and ruled in favor of the company assigned the coal bed gas lease.

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Adoption statute allows for subsequent consents

The statutes governing adoption and public policy don't prohibit the execution of subsequent adoption consents, ruled the Indiana Court of Appeals. In In the matter of the adoption of A.S., D.S., C.S., and J.S., minor children, by next friend M.L.S., No. 49A02-0901-CV-60, M.L.S. appealed the probate court's ruling denying her petition to adopt A.S., D.S., C.S., […]

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Court doesn’t order contempt sanctions on state

The 7th Circuit Court of Appeals was presented with the question in an Indiana case of how much non-compliance of a consent decree involving Medicaid applications is needed before a District Court can impose civil contempt sanctions.

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COA reverses assisting criminal conviction

The Indiana Court of Appeals reversed a woman's conviction of misdemeanor assisting a criminal Jan. 2 because the state failed to define "fugitive from justice" and prove the criminal was charged with an offense in another state and fled to Indiana.

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Federal judge OKs state’s judicial canons

A federal judge says the Indiana Supreme Court can regulate judicial speech through its cannons, and has ruled the existing rules do not violate a judge or judicial candidate's constitutional free speech or association rights.

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Lawmaker wants additional judge for Indiana

A bill proposed this week would add a new federal judgeship to the Southern District of Indiana, a recommendation that's been pitched for years but has failed to garner enough legislative support.

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COA to hear arguments at Indy high school

Indiana's Court of Appeals will hear arguments at an Indianapolis high school Friday in a case determining whether a juvenile committed auto theft, a Class D felony if committed by an adult.

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Justices: judicial discipline now moot

The Indiana Supreme Court has ended a disciplinary action against a former LaPorte Superior judge who'd served in senior capacity for three years because that jurist has retired and will no longer practice law.

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Justices consider ‘youth program center’ issue

Walter Whatley isn't disputing the fact that he was in possession of cocaine and that he should be held accountable for that.Instead, the Indianapolis defendant argues that he shouldn't have been convicted of Class A felony cocaine possession, which is what he was charged with given that he had the cocaine within 1,000 feet of a "youth program center" or a church near his home, where police arrested him after finding more than three grams of the illegal substance on him.

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Governor gets judicial merit-selection bill

Gov. Mitch Daniels received today legislation that, if signed, would toss out merit selection and retention of St. Joseph Superior judges and also create a new three-judge panel for the Indiana Court of Appeals.

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COA: Park ban violates ex post facto laws

Relying heavily on a recent Indiana Supreme Court decision regarding sex offenders and ex post facto laws, the Indiana Court of Appeals split in finding a city ordinance banning a convicted sex offender who no longer has to register with the state was punitive and unconstitutional as applied to him.

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