Articles

Disciplinary attorneys: Judge experience a bonus

Having a trial court judge as the executive leader of the Indiana Supreme Court Disciplinary Commission is a new approach
for the state, but those intimately involved with attorney disciplinary matters say it could prove to be a positive change.

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7th Circuit affirms judgment in mining case

In a case involving a “richly ambiguous” 1903 deed and a mining company’s claims to “all the coals,”
the 7th Circuit Court of Appeals affirmed a District Court’s judgment for defendant landowners.

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Opinion rules on 2 issues of first impression

The Indiana Court of Appeals was faced with two issues of first impression in one opinion – the meaning of Indiana Code
Section 27-9-3-34(d) and whether a party is entitled to a jury trial for disputes concerning claims in liquidation proceedings.

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Majority upholds violent sexual predator finding

An Indiana Court of Appeals panel disagreed as to whether the failure of a defendant’s counsel to press for the statutory
requirement for a hearing on a sexually violent predator finding was a procedural default that waived the appellate court’s
consideration of the issue.

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Justices approve ‘double enhancement’

The Indiana Supreme Court affirmed the use of the same prior conviction to both elevate a defendant’s charge to a felony
and find him a habitual substance offender because of explicit legislative direction on the enhancements.

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Justices differ on reasonableness of GAL fees

If two parties in a domestic relations dispute sign a written contract to retain the services of a guardian ad litem, then
the trial court must enforce the terms of the agreement unless it is contrary to public policy, the Indiana Supreme Court
ruled Friday.

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Benton, Carroll counties on Odyssey

The courts in Benton and Carroll counties have joined nearly 50 other courts in the state using the Indiana Supreme Court
Odyssey Case Management System. The courts and clerk’s offices in those counties went online Friday.

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7th Circuit grants writ of habeas corpus

The 7th Circuit Court of Appeals reversed the denial of a habeas corpus petition, finding the Indiana Court of Appeals unreasonably
applied federal law when it determined prior statements of identification by witnesses the government suppressed didn’t
create a reasonable probability of a different result at trial.

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High court grants 3 transfers

The Indiana Supreme Court granted transfer Thursday to three cases involving a murder conviction, a request for post-conviction
relief, and the appointment of counsel for a mother involved in a termination proceeding.

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Judges affirm juvenile placement in DOC

The Indiana Court of Appeals was sympathetic to a teen’s request to not be placed in the Department of Correction, but
it noted that all other remedies for his rehabilitation had been exhausted in his home county.

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Justices rule on sentence modification

A conviction of a Class D felony that is later reduced to a Class A misdemeanor doesn’t prevent a trial court from
modifying a sentence below the statutory minimum, the Indiana Supreme Court ruled today in a matter of first impression.

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