Articles

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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Arrest upheld after seatbelt stop

The Indiana Court of Appeals reversed a defendant's motion to suppress evidence following a traffic stop for a seatbelt violation, finding the police officer's inquiry regarding an object in the man's pants didn't violate his constitutional rights or the Seatbelt Enforcement Act.

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Judges at law school to hear defamation case

A panel of Indiana Court of Appeals judges will head a few blocks from their Statehouse courtroom to Indiana University School of Law – Indianapolis to hear arguments in a case involving defamation and invasion of privacy claims stemming from a letter written to church leaders.

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Judges: Vehicle stop by cops reasonable

The 7th Circuit Court of Appeals affirmed a man's illegal gun possession conviction, ruling the South Bend Police officer who made the traffic stop had reasonable suspicion the car may be linked to a shooting in an apartment complex.

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Transfer granted in insurance dispute

The Indiana Supreme Court granted transfer to an insurance coverage dispute case that has already been before the high court twice, and the chief justice didn't vote on whether to grant transfer to a case involving local government reform.

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High court grants 4 transfers

The Indiana Supreme Court agreed Oct. 1 to hear four cases, including one dealing with whether a defendant should have a new murder trial and another involving whether a prior conviction in conspiracy to deal in cocaine counts as a conviction for dealing in cocaine under the state's habitual offender statute.

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Court rules on LLC matter of first impression

The Indiana Court of Appeals had to decide for the first time whether a company owes a continuing fiduciary duty to a former shareholder or member to accurately report the company's fiscal results to the IRS for a year in which the former member held stock or was still a member of the limited liability company.

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AG files state’s first lead-paint hazard suit

In the first lawsuit of its kind in Indiana, the state attorney general's office is going after two Evansville landlords who it says have ignored warnings to correct a lead-paint environmental hazard in a rental house.

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Court rules on suspended sentence issue

A panel of Indiana Court of Appeals judges ruled on an issue that has generated a split of opinion among them: whether a fully executed sentence is equivalent to a sentence of equal length but partially suspended to probation for purposes of review under Appellate Rule 7(B).

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Supreme Court disbars attorney

A split Indiana Supreme Court voted to immediately disbar an Indianapolis attorney who pleaded guilty to one count of willfully making a false tax return.

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