Articles

Amendment doesn’t affect sentence

Even though the terms of a defendant's plea agreement didn't prevent him from filing a motion to reduce his sentence, he is ineligible for the reduction under 18 U.S.C. Section 3582(c)(2) because his sentence wasn't affected by an amendment to the sentencing guidelines, the 7th Circuit Court of Appeals affirmed today.

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IDEM could fire employee for ethics violation

The state's Ethics Commission correctly concluded an Indiana Department of Environmental Management employee violated a provision of the ethics code when he bought gas with a state-issued credit card at a gas station he partly owned.

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Magistrate advises denial of sheriff’s motions

A magistrate judge has recommended that the Marion County Sheriff's motions to dismiss a complaint against him be denied. A suit was filed following the death of an inmate who didn't receive his needed medicine

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Merit-selection override a possibility

The state’s top executive has rejected the idea of scrapping merit selection in St. Joseph County, but it remains unclear whether lawmakers will attempt to override that veto during a special session.On the final day he had to take action, Gov. Mitch Daniels used his veto power for the third time this session and rejected House Enrolled Act 1491, which called for non-partisan elections to choose the county’s eight Superior judges for six-year terms. It also called for the creation of…

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Court: ALJ’s ruling had several errors

Finding an administrative law judge's decision to deny a woman's claim for disability benefits contained several significant errors, the 7th Circuit Court of Appeals vacated the District Court's affirmation of the denial and remanded the case to the Social Security Administration.

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COA: Plaintiff class in FSSA suit too broad

The Indiana Court of Appeals affirmed the denial of certification of a proposed class suing the Family and Social Services Administration because plaintiffs believed the modernized public benefits program system has a disparate impact on people with disabilities. Even though the contract with the company providing the system was terminated earlier this month, the parties don't claim this action alters their appeal.

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COA split on which statute of limitation applies

The Indiana Court of Appeals split today in its decision as to whether Indiana's two-year statute of limitations for personal injury torts or the three-year statute of limitations under the Federal Employers' Liability Act applied in a man's FELA claim in state court.

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Second Cinergy trial starts in Indy

A second clean-air violation trial is underway in Indianapolis about whether coal-fired power plant modifications triggered a need for new pollution-control equipment at facilities in Indiana and Ohio.

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No error in sanctions against state

A trial court didn't clearly err when it dismissed drunk driving charges against a defendant as sanctions for the state's discovery violations, the Indiana Court of Appeals concluded today.

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Township assessor loses appeal

The Indiana Court of Appeals ruled against a township assessor who filed a suit last year after the General Assembly enacted a bill that eliminated her office and transferred her duties to the county assessor.

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Judges: amendment not retroactive

The 7th Circuit Court of Appeals ruled today that an estate's interpretation of a 2003 amendment to Indiana Code would threaten the fiscal health of governmental entities and that the amendment isn't retroactive.

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COA declines ruling on constitutionality of plan

The Indiana Court of Appeals declined to address the constitutionality of a Department of Correction program for sex offenders based on the deficient record before it and because the appellate court could decide the case without ruling on the constitutionality of the program.

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Justice praises court-technology support

Indiana Supreme Court Justice Frank Sullivan Jr. praised Gov. Mitch Daniels' administration's support for improved court technology during a speech Wednesday in Denver. Justice Sullivan addressed a plenary session at the National Court Technology Conference, which is sponsored by the National Center for State Courts.

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Forum to focus on energy policy and progress

The 2009 Environmental Policy Forum Spring Symposium at Indiana University School of Law – Indianapolis will feature professors, members of the Indiana General Assembly and various environmental and energy organizations who will examine Indiana's energy policy and the progress and prospects for legislation.

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