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Clark Circuit judge appointed

January 1, 2008

Abraham Navarro will succeed Judge Daniel F. Donahue as judge of the Clark Circuit Court. Judge Donahue is stepping down later this week. Navarro has served as a deputy prosecutor in the Floyd County Prosecutor’s Office since 2002. Prior to working in the prosecutor’s office, Navarro was an Allen Superior Court judicial law clerk from 2001 to 2002. Navarro was admitted to the bar in November 2002. He’s a member of the Indiana Prosecuting Attorneys Council and the Indiana Criminal Justice…

Special judge invalidates local impact fee

January 1, 2008

In the first court decision of its kind in Indiana, a special judge has invalidated Zionsville's parks impact fee because it violates state statute.

Justices asked to take legal malpractice case

January 1, 2008

The Indiana Supreme Court is being asked to take a legal malpractice case in which an Indianapolis law firm got hit with an $18 million verdict two years ago.Attorneys representing law firm Fillenwarth Dennerline Groth & Towe filed a petition for transfer with the state’s highest court Monday in Frederick W. Dennerline III, et al. v. Jim Atterholt, Insurance Commissioner of the State of Indiana, No. 49A04-0610-CV-557. This move comes following the Indiana Court of Appeals ruling in May that upheld the…

Justices overturn judgment in trampoline case

January 1, 2008

In a case of first impression involving a trampoline, premises liability, and the attractive-nuisance doctrine, the Indiana Supreme Court today overturned summary judgment that originally had been in favor of the trampoline owners, citing material issues of facts in the case. The high court granted transfer in Beth Palmer Kopczynski, individually and as next friend and parent of Alisha Palmer, and Alisha Palmer v. David Bryan Barger and Peggy Lucas Barger, No. 88S05-0710-CV-423, to determine whether the Bargers were responsible for an…

COA affirms jail phone commissions

January 1, 2008

After years of litigation, the Indiana Court of Appeals ruled today that the Marion County Sheriff and the Indiana Department of Administration were allowed to enter into contracts with a phone company that provided commissions to the sheriff and IDOA on phone calls made from the jail and prison facilities. In Chanelle Linet Alexander, et al. v. The Marion County Sheriff and the Commissioner of the Indiana Department of Administration, No. 49A02-0708-CV-716, the plaintiffs are a class of people who have been…

Northern District amends magistrate local rule

January 1, 2008

The United States District Court for the Northern District of Indiana has amended its Local Rule 72.1 – Authority of United States Magistrate Judges.

Court erred in dismissing claim with prejudice

January 1, 2008

The Indiana Court of Appeals reversed a trial court's dismissal of a woman's claims against her former tenants, finding the court misinterpreted a previous appellate ruling to support the dismissal.

COA rules on ‘In God We Trust’ plate suit

January 1, 2008

Not charging an administrative fee for Indiana's "In Got We Trust" license plates doesn't violate the state constitution, affirmed the Indiana Court of Appeals today in an unpublished decision.

Owners responsible for delinquent sewer fees

January 1, 2008

In a ruling that will affect property owners across the state, the Indiana Supreme Court today held property owners are ultimately responsible for the delinquent sewer bills of their tenants.

Tax sale petitions OK because of lack of notice

January 1, 2008

The Indiana Court of Appeals ruled in favor of a woman in two separate cases involving the purchase of her property at tax sales in Franklin County after determining she received insufficient notice of the sales.

Justices again deny election request

January 1, 2008

The Indiana Supreme Court has denied for the second time in two months a request to get involved in a Terre Haute mayoral election dispute.The justices sent notice Tuesday to attorneys that they won’t bypass the Court of Appeals on a dispute resulting from the November election, when Republican Duke Bennett ousted incumbent Democrat Mayor Kevin Burke by about 110 votes.The court had previously decided not to get involved in an issue about whether Vigo Superior Judge David Bolk had jurisdiction…

Going green topic of First Wednesday

January 1, 2008

The ACLU of Indiana's First Wednesday topic for Oct. 1 is "Going Green: Is Indianapolis doing enough?" Panelists for the event are Terry Black, owner of Greenway Supply; Linda Broadfoot, vice president of development and public relations for Keep Indianapolis Beautiful; and Jesse Kharbanda, executive director of the Hoosier Environmental Council. Matthew Tully, political columnist at the Indianapolis Star, will serve as the moderator.

Judge strikes down new obscene-material law

January 1, 2008

On the day a new Indiana law was set to take effect, U.S. District Judge Sarah Evans Barker struck it down as being unconstitutionally vague, overbroad, and a violation of the First Amendment.The 31-page ruling was issued by the U.S. District Court, Southern District of Indiana, Indianapolis Division, this afternoon in Big Hat Books, et al. v. Prosecutors, 1:08-CV-00596, a challenge to House Enrolled Act 1042 that would have required any person or organization wanting to sell literature or other material…

Firm launches nanotechnology practice group

January 1, 2008

Indianapolis law firm Barnes & Thornburg has established what the firm believes is the first nanotechnology practice group in Indiana. The firm started the practice group in anticipation of the impact of nanotechnology upon society, business, and industry in the near future. Nanotechnology refers to a field of applied science and technology relating to the control of matter on the atomic or molecular scale. The technology’s applications enter many fields including biotechnology, electrical engineering, and environmental.The practice group is co-chaired by…

Jury undecided so judge orders death

January 1, 2008

An Evansville judge has handed down the first death sentence since Indiana lawmakers changed the jury’s role six years ago. The sentence also is likely the first execution order resulting from a penalty-phase hung jury since 1993.The execution of Daniel Ray Wilkes is set for Jan. 25, 2009, but that will likely be delayed for years by appeals and could have potential to reach the Supreme Court of the United States as an issue of first impression about whether a death…

COA travels to Lafayette, IU campuses

January 1, 2008

The Indiana Court of Appeals will visit three Indiana colleges April 8 and 9 to hear arguments in cases regarding child molestation, defamatory statements, and ineffective counsel.Judges will visit Ivy Tech Community College in Lafayette Tuesday to hear arguments regarding a case on appeal from Lake Superior Court. Arguments for Victor Vega Torres v. State of Indiana, 45A03-0708-CR-385, begin at 10 a.m. in Ivy Hall. Judges Ezra Friedlander, Margret Robb, and Cale Bradford will have to decide whether Torres’ maximum sentence of eight years…

Justices disagree on revising man’s sentence

January 1, 2008

The Indiana Supreme Court used a man’s appeal of his sentence for neglect of a dependent to examine how appellate courts review sentences; the court remanded the case so the man’s sentence could be reduced. In Rudy Wayne Cardwell v. State of Indiana, No. 10S05-0811-CR-588, the justices reviewed their decision in Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007), in terms of appellate review of sentencing. The court unanimously agreed that assigning relative weights to properly found facts can often present…

Case management system to get new features

January 1, 2008

The Indiana Supreme Court is investing $1.1 million to add computer features to its case management system being implemented statewide in the coming years.Adding to the millions already invested in the state’s largest-ever technology project, the high court has decided to purchase a supervision module for its Odyssey Case Management System, currently in place in Monroe County and the Marion County Small Claims Court in Washington Township; it will be launched in a handful of other counties by early next year.Justice…

Luncheon to discuss women’s health, law

January 1, 2008

The Sagamore Institute for Policy Research is hosting a luncheon Friday to examine how to improve the health of women in contemporary society.The event, “Improving Women’s Health through Law and Policy,” features Linda Chezem, professor at Indiana University and Purdue University, and former Indiana Court of Appeals judge; Krieg DeVault attorney Leah Mannweiler; Dr. Kathy D. Miller, associate director for clinical research at IU Simon Cancer Center; and Tanya Parrish, director of the Office of Women’s Health in the Indiana State…

Court hears arguments in confrontation case

January 1, 2008

The Indiana Supreme Court heard arguments today in a case that asks whether the defendant had the right to confront the lab technician who performed the DNA testing relevant to the case.

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