Articles

Juvenile judge returns from military mission

Judge Marilyn Moores spent nearly a year teaching Afghans how to put an agricultural infrastructure in place, helping create a public defense system for that country and strengthening the role women lawyers have in shaping that society for the future.

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Environmental groups merge

The Legal Environmental Aid Foundation and The Hoosier Environmental Council announced that the two not-for-profits have merged and will continue operations as the Hoosier Environmental Council.

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Justices accept 2 appeals and deny 24 cases

The Indiana Supreme Court has accepted two cases, one involving a tax revenue assessment dispute and a second asking how trial judges decide on restraining defendants who disrupt courtroom proceedings.

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Photos admissible when evidence has been destroyed

In an appeal from a man convicted of Class B dealing in methamphetamine and Class B misdemeanor visiting a common nuisance, the Indiana Court of Appeals has held that photos of a methamphetamine lab were admissible because the physical evidence had been destroyed.

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Opinions Dec. 5, 2011 ILD

7th Circuit Court of Appeals had posted no Indiana opinions by IL deadline.

Gold C. Washington v. State of Indiana (NFP)
79A02-1105-CR-407
Criminal. Reverses sentences for two convictions of Class D felony battery on a child, holding the court abused its discretion by imposing a sentence greater than allowed by statute. Remands for resentencing.  

Aaron Michael Rohr v. State of Indiana (NFP)
40A01-1102-CR-55
Criminal. Affirms convictions of Class A felony neglect of a dependent resulting in death, Class B felony aggravated battery and Class B felony battery of a child by an adult causing serious bodily injury.

Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.

Indiana Supreme Court granted transfer in two cases for the week ending Dec. 2.

 

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Opinions Dec. 5, 2011

Indiana Court of Appeals
Linzy C. Clark v. State of Indiana
48A04-1104-CR-249
Criminal. Reverses trial court’s denial of Clark’s motion to dismiss the notice of probation violation. After the probation was transferred from Madison County to Tippecanoe County, the Tippecanoe County court held supervisory authority. It received notice of the probation violation, but Madison County – the sentencing court – did not, nor did it file the notice of probation violation within 45 days of receiving the notice of violation.

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Third volume of Restatement of Property published

Attorneys and judges now have more scholarly guidance on wills and other donation-related issues in civil law, after a national organization released its third and final volume of the Restatement (Third) of Property: Wills and Other Donative Transfers.

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Opinions Dec. 2, 2011 ILD

7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Court of Appeals
Billy Jack Steele v. State of Indiana (NFP)
15A01-1104-CR-194
Criminal. Affirms eight-year sentence for Class C felony robbery.

Dr. Kurt Kessler, M.D. v. Memorial Hospital and Health Care Center, a/k/a Little Company or Mary Hospital of Indiana, Inc., and Dr. Joseph Munning, M.D. (NFP)
51A01-1103-PL-103
Civil plenary. Affirms trial court’s grant of summary judgment in favor of Memorial Hospital and Health Care Center and Dr. Joseph Munning.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
 

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