Articles

Appeals court expansion bill stays alive

Legislation that would create a new sixth panel for the Indiana Court of Appeals is moving through the legislative committee cycle, even though lawmakers doubt it will pass this session. The Senate Judiciary Committee met this morning and discussed Senate Bill 35, which proposes an additional appellate judge panel for the first time since 1991. […]

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Court upholds out-of-state juvenile placement

The Indiana Court of Appeals affirmed the placement of a juvenile delinquent in an out-of-state shelter care facility over the objection of the Indiana Department of Child Services, finding the trial court complied with statutes that allow it to place the juvenile in a non-Indiana facility. A recent change to one of those statutes now shifts the burden of payment to out-of-state facilities from DCS to the counties.

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Commission on Courts ponders money issues

Money matters took up the most time for an interim legislative committee this morning, as members considered issues delving into the balance between fiscal responsibility and judicial efficiency.

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AG discusses settlement of mortgage lender suit

A civil deceptive practices suit against the former Countrywide Home Loans has ended with a $2.83 million settlement, as well as other components designed to address the state and country's mortgage foreclosure crisis.

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COA upholds workplace restraining order

The Indiana Court of Appeals today analyzed for the first time the legal parameters required to affirm an order issued to protect a person under the Workplace Violence Restraining Order Act. The appellate court turned to the Indiana Civil Protection Order Act to provide context for analyzing cases under the WVROA.

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Insurance presents first-impression issue

The Indiana Court of Appeals determined today for the first time that post-retirement health insurance premiums paid by a former employer aren't a marital asset subject to a division.

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SCOTUS urged to not take Indiana case

The Indiana Attorney General's Office wants the nation's top jurists to reject a Hoosier case posing Fourth Amendment questions about police searches, valid search warrants, and probable cause.

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Judge awards $42 million in back pay suit

A Marion Superior judge is awarding more than $42.4 million to a class of thousands of former state employees who sued to recover back pay for unequal wages earned between 1973 and 1993.

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100th agency uses e-Ticketing

The LaPorte County Sheriff's Office has become the 100th law enforcement agency to use the Indiana Supreme Court's electronic Citation and Warning System. The e-Ticket system will be demonstrated June 8; Supreme Court Justice Frank Sullivan Jr. will be on hand with others to demonstrate the system and answer questions.

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Courts celebrate Black History Month

The chair of the Department of Africana Studies and associate professor of history at Notre Dame University will speak to children and the general public in a lecture titled "Forging the Children of the Sun: The Human Spirit and Jim Crow," a Black History Month program Feb. 20 at the Federal Courthouse in Indianapolis.

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Single order can have more than 1 disposition

The Indiana Supreme Court has clarified juvenile caselaw, telling trial courts they can order a juvenile be committed to the Department of Correction and in the same order also require probation after release.

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Nonprofit sues over DCS rate cuts

A nonprofit organization made up of agencies that provide services to abused and neglected kids is suing the Indiana Department of Child Services for cutting rates paid to the agencies next year.

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Court upholds sentence-reduction denial

Even though a defendant may be eligible for a sentence reduction under new crack cocaine sentencing guidelines, it is up to the District Court's discretion to grant a reduced sentence, the 7th Circuit Court of Appeals ruled today.

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First impression in utility fee case

In a matter of first impression, the Indiana Court of Appeals had to determine whether the Indiana Utility Regulatory Commission properly reviewed the rates and fees charged by a regional sewage district at the request of a campground owner.

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