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Indiana

The Indiana Law Blog

Focus is on Indiana law, and on interesting developments in law, government, and more (not just in Indiana).

Post Frequency: 106.6/day

Last Entry: April 01, 2011 at 13:29:28

Ind. Decisions - Still more on: Court of Appeals nullifies 2007 mayoral election

Posted on November 15, 2008
"Court ruling creates many ?What ifs?" is the headline to a story today in the Terre Haute Trib-Star reported by. Sue Loughlin. Some quotes from the long story:The possibility of a special Terre Haute mayoral election is raising many questions...

Law - More on "Kentucky Tests State's Reach Against Online Gambling"

Posted on November 15, 2008
Updating this ILB entry from Oct. 9th, Stephenie Steitzer of the Louisville Courier-Journal reports:FRANKFORT, Ky. -- The Court of Appeals yesterday blocked Franklin Circuit Court from proceeding with Gov. Steve Beshear's lawsuit against 141 gambling Web sites until appellate judges...

Ind. Courts - Jurists honor Judge Jonathan J. Robertson II

Posted on November 15, 2008
The Jackson County/Seymour TribTown had this story Thursday by Aubrey Woods. Some quotes:BROWNSTOWN - Memorial services often tend to be a bit on the solemn side. That wasn't the case, however, Wednesday afternoon as judges and attorneys from throughout southern...

Courts - More on "U.S. Supreme Court Is Asked to Fix Troubled West Virginia Justice System"

Posted on November 14, 2008
In this ILB entry from Oct. 12th, a story by Adam Liptak of the NY Times is quoted. It begins:The justice system in West Virginia is broken and the United States Supreme Court should take steps to fix it, according...

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Law - Cloak of executive powers may follow Bush out of office

Posted on November 14, 2008
That according to a story by Charlie Savage published yesterday in the NY Times that begins:When a Congressional committee subpoenaed Harry S. Truman in 1953, nearly a year after he left office, he made a startling claim: Even though he...

Ind. Courts - "Officer Tasered by Noblesville court suspect"

Posted on November 14, 2008
Chris Sikich has a report this afternoon in the Indianapolis Star. A quote:[Joshua P. Lindsey] was in a holding cell outside a courtroom, waiting for his noon sentencing hearing to begin in Superior Court 2, said his defense attorney, Andy...

Law - Hoosier native named as Biden's top aid

Posted on November 14, 2008
From the Washington Post, a story by Ceci Connolly. Some quotes:Vice President-elect Joseph R. Biden Jr. turned to one of the most experienced Democratic staffers in Washington yesterday in naming as his chief of staff Ronald A. Klain, a longtime...

Ind. Decisions - Appeals court reduces ex-stripper's prison sentence

Posted on November 14, 2008
The Court of Appeals' NFP decision yesterday in the case of Ashley Ray Lawrence v. State of Indiana is the subject of a story today in the Gary Post-Tribune. Some quotes from the report by Ruth Ann Krause:The Indiana Court...

Environment - "U.S. undercuts clean-air rule"

Posted on November 14, 2008
A story today in the Chicago Tribune, written by Michael Hawthorne, begins:Looking to bolster the fight against childhood lead poisoning, the U.S. Environmental Protection Agency last month approved a tough new rule aimed at clearing the nation's air of the...

Ind. Decisions - Court of Appeals issues 3 today (and 20 NFP)

Posted on November 14, 2008
For publication opinions today (3): James J. and Ryan J. Romanowski v. Giordano Mgmt. Group In Wayne Schenk v. State of Indiana , a 6-page opinion, Judge Kirsch writes:Following a guilty plea, Wayne Schenk appeals his sentence for operating a...

Ind. Law - Still more on "ACORN followed law on suspect voter registrations"

Posted on November 14, 2008
Updating ILB entries from Oct. 18th and Oct. 27th, two reports today from NW Indiana on the impact of ACORN on Lake County voting. Bill Dolan reports in the NWI Times under the headline "Officials: ACORN registration problems didn't hamper...

Ind. Decisions - More on: Court of Appeals nullifies 2007 mayoral election

Posted on November 14, 2008
The Terrre Haute Tribune-Star is full of stories today on the Court of Appeals ruling yesterday in the case of Kevin D. Burke v. Duke Bennett:"Indiana Court of Appeals nullifies 2007 Terre Haute mayoral election: Decision reverses Duke Bennett's victory,"...

Law - More on "Democrats Eye Bush Midnight Regulations"

Posted on November 14, 2008
Updating this ILB entry from Nov. 11th, Erika Lovley and Ryan Grim of Politico had a lengthy story Nov. 12th, headed "Dems eye midnight regulations reversal." It begins:Congressional Democrats are eyeing a little-known, Clinton-era law as a way to reverse...

Courts - More on "U.S. Supreme Court Is Asked to Fix Troubled West Virginia Justice System" [Updated]

Ind. Decisions - Two today from Supreme Court

Posted on November 13, 2008
Each of the following cases was granted transfer with opinion. In Lloyd Overton v. Marshall Grillo, D.O., et al., an 8-page, 3-2 opinion, Justice Boehm writes:We hold that a medical malpractice claim for allegedly misreading a mammogram is barred by....

Ind. Decisions - Court of Appeals issues 3 today (and 12 NFP)

Posted on November 13, 2008
For publication opinions today (3): In T.D. v. State of Indiana , a 7-page opinion on rehearing, Judge Najam writes: T.D. has filed a petition for rehearing asking that we reconsider our holding that T.D. waived review of her claim...

Ind. Decisions - 7th Circuit issues debt collection opinion

Posted on November 13, 2008
In McKinney v. Candleway Properties (ND Ill.), a 28-page, opinion split several ways, Judge Sykes writes: This case requires us to determine whether the defendant, Cadleway Properties, Inc., is a ?debt collector? under the Fair Debt Collection Practices Act, 15...

Ind. Decisions - Court of Appeals nullifies 2007 mayoral election

Posted on November 13, 2008
In Kevin D. Burke v. Duke Bennett, a 59-page, 2-1 opinion (including a dissent beginning on p. 46), Judge Brown writes:Kevin Burke appeals the trial court?s denial of his petition contesting the election of Duke Bennett for mayor of Terre...

Ind. Courts - Even more on "'Salacious' affidavit results in jail time for client Hinds, attorney Denney"

Posted on November 13, 2008
Updating this ILB entry from earlier today, Doug Masson of Masson's Blog writes to ask:Greetings Marcia, With respect to that contempt order against the Muncie attorney, I don't suppose you have any notion as to how it could be considered...

Ind. Decisions - More on "Court voids pair's rights as parents of boy, 9"

Posted on November 13, 2008
The Nov. 5th Court of Appeals decision in the case of Term. of Parent-Child Rel. of J.M. v. A.S. and A.M., Allen Co. Dept. of Child Services, the subject of this Nov. 7th ILB entry quoting from a Fort Wayne...

Ind. Courts - Still more on "'Salacious' affidavit results in jail time for client Hinds, attorney Denney"

Posted on November 13, 2008
Updating this ILB entry from Nov. 8th, here are some quotes from a story by Rick Yencer in the Muncie Star-Press today:Attorney Louis Denney failed on Wednesday to get a judge to reverse a contempt citation that sent Denney and...

Ind. Decisions - "Molesting plea can't be altered"

Posted on November 13, 2008
Tne Indiana Supreme Court's decision yesterday in the case of Shawn E. Norris v. State of Indiana (see ILB entry here) is the subject today of a story by Niki Kelly in the Fort Wayne Journal Gazette. Some quotes:The Indiana...

Ind. Courts - "Judge tells prosecutor to repay $18,000"

Posted on November 13, 2008
In the long-running Delaware County battle over handling of drug forfeiture funds, Rick Yencer of the Muncie Star-Press reports today in a story that begins:Embattled Deputy Prosecutor Mark McKinney was ordered Wednesday to repay $18,395 in attorney fees as drug...

Ind. Courts - "Longtime Marion Co. judge Deiter dies"

Posted on November 12, 2008
Jon Murray of the Indianapolis Star is reporting this afternoon in a story that begins:Marion Superior Court Judge Charles J. Deiter died this morning after a battle with cancer, court officials announced to staff. Deiter, 71, the longtime presiding judge...

Environment - IDNR deputy director told Shelby County officials that he also had some "fence mending" to do with officials with IDEM

Posted on November 12, 2008
"DNR official apologizes to county over logjam misunderstanding" is the headline to a story by Ron Hamilton of the Shelbyville News that begins:A top official with the Indiana Department of Natural Resources apologized to county commissioners at their weekly meeting...

Ind. Decisions - Court of Appeals issues 0 today (and 5 NFP)

Posted on November 12, 2008
For publication opinions today (0): NFP civil opinions today (2): Kidane Beraki v. Dehab Beraki (NFP) - "In conclusion, Husband had the burden of proving that the California judgment was void for lack of jurisdiction. The resolution of that question....

Ind. Decsions - Supreme Court issues two today

Posted on November 12, 2008
In Shawn E. Norris v. State of Indiana, a 9-page, 5-0 opinion, Justice Dickson writes:Four years after his guilty plea, conviction, and sentence for child molesting, the defendant sought post-conviction relief on grounds of newly discovered evidence. The post-conviction court...

Ind. Courts - Approximately 72% of the voters statewide asked that the three justices be returned to the bench

Posted on November 12, 2008
A release today from the Indiana Courts reports on the results of the retention election on November 4th. The release begins:The 2008 retention ballot marks the first election where any Indiana Supreme Court Justice has attracted more than one million...

Courts - U.S. Supreme Court Denies Secret Litigation Challenge

Posted on November 12, 2008
Shannon P. Duffy of The Legal Intelligencer reports today in a story that begins:The U.S. Supreme Court on Monday refused to hear an appeal by The Legal Intelligencer challenging decisions by the 3rd U.S. Circuit Court of Appeals that approved...

Law - "Fed Defies Transparency Aim in Refusal to Disclose"

Posted on November 11, 2008
Mark Pittman, Bob Ivry and Alison Fitzgerald of Bloomberg News report in a lengthy story: Nov. 10 (Bloomberg) -- The Federal Reserve is refusing to identify the recipients of almost $2 trillion of emergency loans from American taxpayers or the...

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