Articles

Court splits on first impression dissipation case

An Indiana Court of Appeals judge dissented today from his colleagues' decision that a spouse may be found to have dissipated property after refusing to sign and file joint tax returns because the judge believes the ruling is "bad law and bad policy."

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Oral findings allowed in attorney fee case

A Marion Superior Court didn't err when it failed to issue written findings and conclusions pursuant to Indiana Trial Rule 52 in a dispute over attorney fees, the Indiana Court of Appeals ruled.

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Court clarifies responses under T.R. 56(I)

The Indiana Court of Appeals used a decision today to clarify that when a nonmoving party has received an enlargement of time pursuant to Indiana Trial Rule 56(I), any response must be made within the additional time period granted by the trial court.

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UPDATE: Court suspends indicted judge

The Indiana Supreme Court released an order this afternoon suspending LaPorte Superior Judge Jennifer Koethe following her indictment on a charge of felony attempted obstruction of justice. Pursuant to Indiana Admission and Discipline Rule 25(V)(A), the high court shall suspend a judge with pay if he or she is indicted on a felony charge. The suspension takes effect at midnight May 11 and will continue until further order of the court. As a result of Judge Koethe’s suspension, the Supreme Court…

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Rare second hearing set for judge’s nomination

In an unusual move, the Senate Judiciary Committee will hold a second judicial nomination hearing next week for U.S. District Judge David F. Hamilton, who's being considered for a seat on the 7th Circuit Court of Appeals.

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COA reverses rape conviction in cold case

The Indiana Court of Appeals today affirmed a man's recent conviction for a murder he committed more than 20 years ago, but it reversed his rape conviction on insufficient evidence. The state failed to file a charge in which it had evidence to support a conviction of a sexual attack against the victim.

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City court judge faces disciplinary charges

A city court judge accused in October of theft of court funds is now facing disciplinary charges. The Indiana Commission on Judicial Qualifications has filed charges against non-attorney Bicknell City Court Judge David Andrew Moreland.

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Sanctioned firm settles on legal fees

An Indianapolis law firm sanctioned for the conduct of some of its attorneys in an environmental cleanup case won't appeal the sanction and has agreed to pick up some of the opposing counsel's legal tab as part of a settlement agreement.

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Marion Superior Law Library changes Dec. 31

The Marion Superior Court Law Library at the City-County Building will officially close Dec. 31, but in early 2010 the reference materials from that library will be relocated to the Central Library branch of the Indianapolis-Marion County Public Library in downtown Indianapolis.

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COA reverses denial of prisoner’s petition

The Indiana Court of Appeals reversed the denial of an incarcerated man's petition for child support modification after determining the trial court incorrectly imputed his weekly gross income.

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Court: Church program at school should end

A church-owned religious education program held on school grounds in Huntington County should be terminated because it violates the Establishment Clause of the First Amendment, a federal magistrate has ruled.

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Committee ponders DCS authority of juveniles

An interim legislative committee is deciding what it should do about a last-minute, special session addition giving the Department of Child Services even more control over juvenile justice decisions that judges have historically been entrusted to make.

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Judge’s nomination vote set – again

  The Senate Judiciary Committee plans to vote June 4 on U.S. Judge David Hamilton’s nomination for the 7th Court of Appeals. The panel had postponed the vote originally planned for May 21 to give some members more time to review the judge’s record. An agenda shows the executive business meeting will begin at 10 a.m. and be webcast live.

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Former Justice Richard Givan has died

st1:*{behavior:url(#ieooui) } Former Indiana Supreme Court Justice Richard Givan has died, according to a news release from the court. He was 88. Justice Givan was elected to the court in 1968 and served continuously until his retirement in December 1994. He served as chief justice from November 1974 to March 1987. He received an LL.B. from Indiana University in 1951 and was admitted to the Indiana bar in 1952. A fourth generation lawyer, his great-grandfather, Noah S. Givan, was a circuit…

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Case requires balancing act by court

In a case requiring the Indiana Court of Appeals to "perform a delicate balance" between making sure a mentally disabled person wasn't improperly denied his constitutional rights and not penalizing police for non-coercive conduct, the appellate court affirmed the denial of a defendant's motion to suppress.

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Supreme Court grants 3 transfers

The Indiana Supreme Court granted three transfers Tuesday, including a case regarding the state's "non-suspension rule," Indiana Code Section 35-50-2-2(b)(1).

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Changes proposed for child-support rules

The Judicial Conference of Indiana's Domestic Relations Committee is accepting comments from judges, attorneys, and the public on the proposed changes to the Indiana Child Support Rules and Guidelines.

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