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COA to conduct arguments in Syracuse

The Indiana Court of Appeals travels north to a Syracuse high school Thursday to hear arguments in a case involving the search and discovery of drugs in a car. In Jerald J. Womack v. State of Indiana, 43A03-0706-CR-251, Womack appealed his convictions and sentence for Class D felony marijuana possession and for being a habitual controlled-substance offender. The Court of Appeals will determine whether the police search of Womack’s car violated his rights under the U.S. and Indiana constitutions and if…

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State can increase withholding without order

The Indiana Court of Appeals examined the state's code regarding the limits of a withholding amount in child support arrearage, and acknowledged that its interpretation of the statute allowing the state to increase the amount without a court order "may cause some concern."

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New DOC commissioner named

The superintendent of the Indiana State Prison in Michigan City has been named the new Department of Corrections commissioner. Edwin Buss will succeed Dave Donahue Aug. 1. Donahue announced his resignation as commissioner earlier this week. Buss, a LaPorte native, has been superintendent of the Michigan City facility since 2005 and was superintendent at the Westville Correctional Facility from 2002 to 2005. He began his career as a correctional officer in 1987 at the Indiana State Prison. Donahue announced his resignation…

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Attorneys wanted for flood assistance

The Indiana State Bar Association is looking for attorneys to help answer legal questions of Hoosiers affected by this month’s flooding. Flood victims can call the bar association’s toll-free number to receive free legal assistance for issues relating to the flooding. Community Outreach Coordinator Alaina Byers said volunteer attorneys can be from anywhere in the state. Flood victims will contact the state bar at (800) 266-2581 and leave their contact information and legal issue. The ISBA will pass along the information…

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Online opinions access hits a snag

Court-watchers looking online to view Indiana’s appellate decisions have been denied two days of opinions because those published rulings were not posted online.A set of three dozen opinions came down Tuesday and Wednesday, but a change last month in how access is provided to those daily rulings meant that only online viewers, those directly involved in a decided case, or those who’ve traveled to the Indiana Statehouse to inspect opinions knew that any rulings had been released.By noon today, a list…

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Judge orders man to stay away from city offices

A man who had repeatedly threatened city employees is now barred from visiting South Bend governmental offices after a St. Joseph Circuit judge granted a workplace violence protective order and permanent injunction against the man.

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State bar seeks award nominations

The Indiana State Bar Association is accepting nominations for awards the organization traditionally hands out at its annual meeting in October. Nominations for the following awards will be accepted through July 15: Outstanding Judge Award, Outstanding Young Lawyer Award, Rabb Emison Award, Hon. Viola Taliaferro Award, and David Hamacher Public Service Award. In addition, nominations are due by July 15 for three civility awards handed out by the Litigation Section of the state bar: the GP Hall of Fame, Liberty Bell…

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Dead candidates remain on primary ballot

The Indiana Court of Appeals examined state statutes to determine which apply when a candidate dies before the primary but wins the election, an issue the court hadn’t tackled before. In Dan Lockard v. Charles Miles and John Mullican, No. 84A04-0708-CV-493, Lockard challenged his loss to Charles Miles in the Terre Haute Democratic primary. Miles died April 18, 2007, nearly three weeks before the May 8 primary, and media in Terre Haute first reported his death April 19. Lockard and Miles were…

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Plea agreement, child support issues granted transfer

The Indiana Supreme Court granted transfer to one case dealing with child support, and two cases dealing post-conviction relief. The court also granted transfer to three cases involving sex offenders.In the case Marla K. Young v. Timothy S. Young, No. 09A05-0701-CV-52, the Indiana Court of Appeals affirmed in part and reversed in part the trial court’s calculation of Timothy’s child support obligation. The appellate court found the trial court erroneously calculated Timothy’s weekly gross income, and remanded the trial court to add…

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Insurance write-offs benefit for insured

In a case of first impression, the Indiana Court of Appeals ruled write-offs constitute insurance benefits for which an insured has paid directly, and as a result opposing parties in suits can’t introduce evidence of write-offs to reduce damage awards. In Brandon Stanley v. Danny Walker, No. 41A01-0610-CV-462, the appellate court looked to courts in other jurisdictions for the answer to whether write-offs negotiated by an insurer amount to an “insurance benefit” and should therefore be excluded when calculating the actual extent…

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Law student turns 6 today

While Feb. 29, which happens every four years, marks just another day for most, a first-year law student at Indiana University School of Law – Indianapolis will celebrate his sixth birthday today.Mike Doversberger, an Elkhart native born Feb. 29, 1984, said he might use the birthday as a way to break the ice at a job interview today. Later, he will celebrate with friends and family.”I like to put it on the resume that I graduated from Notre Dame (undergrad) before…

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Lecture to cover religion, Constitution

Columbia University Law School professor Kent Greenawalt will speak about church and state at a public lecture Thursday that precedes an academic conference of law and religion scholars at the University of Notre Dame Law School.

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COA affirms order to enjoin

The Indiana Court of Appeals affirmed a judgment enjoining some members of a class action suit from pursuing a quiet title action, finding the agreements of a settlement disposed of all claims in property between the class and a company.In Fern E. Firestone, et al. v. American Premier Underwriters Inc. and U.S. Railroad Vest, Corp., No. 06A01-0804-CV-199, the appellate court had to determine whether the trial court erred in ruling that claims brought by Wayne E. Boyd and Bunker Farms to…

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COA reverses child welfare molestation case

The Indiana Court of Appeals has tossed out the convictions and 106-year sentence of a former Hamilton County child welfare worker accused of molesting two boys, including an autistic boy who he'd mentored.

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State submits SCOTUS brief in pro se case

Trial courts should be able to deny criminal defendants the right to represent themselves when that person can’t communicate coherently with the court or jury, the Indiana Attorney General’s Office wants the nation’s highest court to decide.The state submitted a brief this week to the Supreme Court of the United States, which will hear arguments March 26 in the Hoosier-based pro se case of Indiana v. Ahmad Edwards, No. 07-208. You can view the 74-page brief online here.Dating to July 1999,…

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Judge: ‘I didn’t lie …’: Marion Superior jurist faces disciplinary panel

Marion Superior Judge Grant W. Hawkins is used to spending his days in court. But on Oct. 6 and 7, he wasn’t on the bench; the jurist was the one being judged. Already, his former part-time commissioner has resigned and been permanently banned from any judicial role because of this issue, and Judge Hawkins is battling 11 misconduct charges against him that could mean his judicial career is on the line. But before he finds out his fate, the judge is…

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Legal aid to benefit from restaurant sales

Hungry diners in Lafayette can help raise money for the Legal Aid Corporation of Tippecanoe County. Arni's restaurant in Market Square Shopping Center, 2200 Elmwood Ave., will donate a portion of its sales from 5 to 8 p.m. Dec. 16 to the legal aid organization. Diners must mention Legal Aid to their server to ensure the donation.

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SCOTUS upholds Indiana voter ID law

Indiana’s law requiring voters to show photo identification before casting a ballot is constitutional, the U.S. Supreme Court ruled this morning.The nation’s high court issued its decision at 10 a.m. on the pair of consolidated cases, William Crawford, et al. v. Marion County Election Board, et al., No. 07-21, and Indiana Democratic Party, et al. v. Todd Rokita, No. 07-25. The decision comes just a week prior to Indiana’s primary on May 6, upholding the strictest voter ID law in the…

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Judge: Attorney can’t sue using pseudonym

A Northern District magistrate judge has again denied an attorney's motion to proceed with a lawsuit under a pseudonym, finding the type of injury the attorney may suffer as a result of suit doesn't rise to the level to justify anonymity.

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