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President signs new federal IP law: Legislation considers piracy issues, creates ‘copyright czar’

The United States is stepping up to better protect intellectual property. If there was any doubt before, it’s official now with a new law signed by President George W. Bush Oct. 13. Known as the Prioritizing Resources and Organization for Intellectual Property Act of 2008, or PRO IP for short, the law is designed to strengthen existing copyright laws, create civil forfeiture clauses so equipment believed to be used in an IP crime can be seized, and establish a cabinet-level position…

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Administrative remedies must be exhausted

Prisoners who file suits for damages before exhausting all administrative remedies are not entitled to a jury trial to debate factual issues relating to the exhaustion under the Seventh Amendment, the 7th Circuit Court of Appeals ruled today.

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Supreme Court adopts new ethics rules

The Indiana Supreme Court is adopting a new Code of Judicial Conduct based on the 2007 national model of the American Bar Association. The rules will become effective Jan. 1, 2009.

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High court grants 4 transfers

The Indiana Supreme Court granted four transfers last week, though one was remanded to the state’s Court of Appeals while another came with a significant ruling about community rental restrictions.In taking the cases, justices now have a chance to weigh in on the denial of post-conviction relief regarding a habitual offender enhancement and driving an ATV while drunk on private property.On May 13, the high court granted transfer in State of Indiana v. Adam L. Manuwal, No. 50A05-0703-CR-182, which asks whether the…

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Indiana General Assembly back in session

The Indiana General Assembly reconvened today with property tax issues consuming much of the focus of the 2008 short session. Also receiving much attention are issues regarding sex offenders, education, and the environment. Another bill of interest to the legal community is House Bill 1045, which introduces a courthouse preservation advisory commission and courthouse preservation fund, and requires the commission to provide assistance for courthouse related projects. Grandparent visitation rights are dealt with in Senate Bill 48, which allows for a…

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COA reverses contempt finding

The Indiana Court of Appeals reversed a trial court order finding a father in contempt of court for not complying with orders stemming from post-dissolution proceedings, ruling the father did comply with an order requiring he update his ex-wife with documents regarding a trust for his children’s education. In David L. Bartlemay v. Nancy Witt, f/k/a Nancy Bartlemay, No. 89A04-0802-CV-50, David Bartlemay appealed a 2007 trial court order that he was in contempt of court for violating previous orders following the dissolution…

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COA: Warrant didn’t need to be admitted

In a case of first impression involving whether an active arrest warrant must be admitted into evidence when the defendant has not challenged the warrant's validity, the Court of Appeals has affirmed an appellant-defendant's conviction of Class A misdemeanor possession of marijuana that an officer discovered during a routine traffic stop.

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Settlement reached in equal pay suit

A day before a multi-million dollar class action suit was supposed to go to trial, attorneys reached a settlement in the state employees’ equal pay case that is expected to give every plaintiff what they asked for.The class – made up of as many as 15,000 former state employees – wanted compensation for hours they worked between 1973 and 1993 and didn’t receive equal pay of fellow workers, who had only worked 37 1/2 hours compared to their 40 hours a…

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State’s justices set record together

The Indiana Supreme Court made history this week.The current five justices reached a record-setting milestone Feb. 24 in the number of days they’ve served together on the state’s highest court. Chief Justice Randall T. Shepard and Justices Ted Boehm, Brent Dickson, Robert Rucker, and Frank Sullivan have been together for 3,040 consecutive days, according to the Appellate Clerk’s Office.To be clear: They’ve been together since Justice Rucker joined the court Nov. 19, 1999.The previous record goes back to 1985. Justices Alfred Pivarnik, Dixon…

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SCOTUS defines money-laundering ‘proceeds’

The Supreme Court of the United States has defined money laundering and tossed out the convictions of an East Chicago man in a split decision today.The high court ruled on U.S. v. Efrain Santos, et al., No. 06-1005, which involved a money-laundering ring in East Chicago. This was one of two money-laundering cases decided by the court today; the other came in Cuellar v. U.S., No. 06-1456, which held that mere concealment of money during a transport is not enough to support…

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Indiana District Courts amending local rules

The United States District Court for the Southern District of Indiana has published the amendments made to its Local Rules. After considering the proposed amendments and comments received, changes have been made to several rules including Rule 5.1 – General Format of Documents Presented for Filing, Rule 56.1 – Summary Judgment Procedure, and Rule II – Discipline Imposed by Other Courts. To view all of the changes, visit the District Court’s Web site and click on the “Notice of Amendments to…

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Senior judge accused of misconduct

The Indiana Commission on Judicial Qualifications has filed five charges against a senior judge and former LaPorte Superior Court judge, alleging he violated ethics rules while serving as an elected judge.

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Justices grant five transfers

The Indiana Supreme Court has accepted five new cases. At its weekly conference Aug. 28, justices granted transfer in two civil cases, two criminal cases, and a tax court case. • Brenda and Darren Wagner v. Bobbi Yates, et al., No. 22A01-0710-CV-474: An underinsured motorist policy case from Floyd County. The Court of Appeals in April affirmed the lower court’s granting of a motion for summary judgment in favor of American Standard Insurance Company of Wisconsin, the Wagners’ automobile insurer. The court ruled that American Standard can set…

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SCOTUS sets date for second Indiana case

The Supreme Court of the United States will hear its second case this term from Indiana on March 26, considering whether a defendant found competent to stand trial should also be allowed to represent himself.Justices granted certiorari in December for Indiana v. Edwards, No. 07-208, which follows an Indiana Supreme Court ruling in May 2007. The case stems from a July 1999 downtown Indianapolis incident in which Ahmad Edwards was caught on surveillance tape stealing shoes. He ultimately shot at police multiple…

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COA: Parental rights should be ended

The Indiana Court of Appeals reversed a trial court's decision to continue the parental rights of two incarcerated parents, finding it to be in the child's best interest to sever the rights because the parents possibly won't be released from prison for two more years.

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District judge’s robing ceremony Friday

Hon. William T. Lawrence, the newest judge in the U.S. District Court for the Southern District of Indiana, will be formally sworn in tomorrow at the federal courthouse in Indianapolis.

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Courts weigh in on sex-offender restrictions

A city’s law prohibiting registered sex offenders from visiting parks or recreation areas is likely on its way to the Indiana Court of Appeals in what a civil liberties attorney said could be the first appellate case of its kind in the country.A ruling from Hendricks Superior Judge Robert Freeze March 14 upholds a Plainfield ban of sex offenders in parks and recreational areas, finding the six-year-old local ordinance constitutional and not in violation of any guideposts established by the state…

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Evening visits don’t count toward credit

Overnight visits must take place overnight in order to be used in a claim for parenting time credit under the child support guidelines, ruled the Indiana Supreme Court Aug. 19. In Marla K. Young v. Timothy S. Young, No. 09S05-0803-CV-136, the high court addressed whether evening visits could be credited as overnight visits when calculating child support. Timothy Young was awarded 104 overnights, including 52 which were for two additional evenings per week he spent with their kids. But evening visits shouldn’t…

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Inmate matters, court provisions signed into law

Bills about the discharge of long-term inmates, judges’ pensions, and various provisions concerning courts were among the remaining 33 bills sent to the governor’s office that were signed into law yesterday.SEA 258 deals with the discharge of long-term inmates, GPS monitoring of certain sex offenders, and the conditions for probation or parole of a sex offender.SEA 329 allows full-time magistrates on or after July 1, 2010, to become participants in the judges’ 1985 benefit system; increases the court administration fee from…

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