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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. Courts - Brief editorial in Bloomington paper on state judges up for retention

Posted on October 31, 2008
"Lawyers' poll backs state judges" is the heading to a brief editorial ($$) today in the Bloomington Herald-Times:A reader recently asked the H-T editorial board about the judicial retention questions on the ballot. While they are initially appointed, judges on...

Ind. Decisions - More on "Ruling in Plainfield's case considered key for Indiana communities with similar rules"

Posted on October 31, 2008
Updating this ILB entry from September 25th on the Court of Appeals decision in the case of John Doe v. Town of Plainfield, Indiana (check it for a number of useful links), Bruce C. Smith of the Indianapolis Star today...

Ind. Law - "Lake County officials to decide long lines issue during election meeting Saturday"

Posted on October 30, 2008
Bill Dolan reports today in the NWI Times:CROWN POINT | Lake County elections officials are debating whether long lines anticipated at polling places on Election Day should be deemed a voting emergency. Democratic members of the county elections board want...

Law - Fort Wayne paper's editorial on "The right to vote"

Posted on October 30, 2008
Well worth reading, access it here....

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Courts - "DOJ Study: Plaintiffs Win More Than Half of State Court Civil Trials"

Posted on October 30, 2008
Vesna Jaksic of The National Law Journal reports today:Plaintiffs won in more than half of state court civil trials in 2005 and were more likely to get a favorable verdict in bench than jury trials, according to a new U.S....

Ind. Courts - "Marion Co. GOP seeks ballot scrutiny"

Posted on October 30, 2008
Earlier today the ILB posted "There are rumors of an early voting suit being filed in Marion County this morning ..." Jon Murray and Brendan O''Shaughnessy have a story up on the Indianapolis Star website - access it here. Some...

Ind. Courts - Court of Appeals hears oral argument in the Lake County early voting case [Updated]

Posted on October 30, 2008
The argument in John B. Curley, et al vs. Lake County Board of Elections and Registration, et al commenced at 1:30 PM this afternoon. Judge Najam, heading the three-judge panel that includes Judges Robb and May, spoke at the conclusion...

Ind. Decisions - Court of Appeals issues 0 today (and 6 NFP)

Posted on October 30, 2008
For publication opinions today (0): NFP civil opinions today (3): Virgil L. Pride v. Kelvin Christian, et al (NFP) - " Either way, it was Pride that breached the terms of the purchase agreement. Accordingly, the trial court did not...

Ind. Courts - More about today's Lake County early voting oral arguments

Posted on October 30, 2008
Names of the three Court of Appeals judges who will be on today's panel have been released by Chief Judge Baker. They are: Judges Najam, May, and Robb. There are rumors of an early voting suit being filed in Marion...

Courts - "Election Law Litigation ? Everyone?s Doing It"

Posted on October 30, 2008
The WSJ Law Blog has a new entry today on current election law litigation. The blog references a number of stories today in the WSJ itsself, including this one headed "Rising Tide of Suits Filed in Search of Political Edge."...

Environment - "Coal plant foes seek Daniels' e-mails"

Posted on October 29, 2008
A number of Indiana papers today are carrying this AP story by Rick Callahan. Some quotes:Opponents of Duke Energy Corp.?s $2.35 billion coal gasification plant want Gov. Mitch Daniels to turn over e-mails, letters and other communications from his office...

Ind. Gov't. - More on "Marion County Sheriff has spent $3M on law firm"

Posted on October 29, 2008
Updating this entry from Oct. 27th, the Indianapolis Star has an editorial today headed "Time to bail out of sweetheart legal deal." It begins:As Star reporter Brendan O'Shaughnessy revealed this week, Marion County Sheriff Frank Anderson has shelled out $3...

Courts - Interesting items from 7th Circuit yesterday

Posted on October 29, 2008
Howard Bashman of How Appealing has an entry on two non -Indiana items yesterday that may be of interest, one re a discussion of the pros and cons of class actions, the other where "Judge Posner rejects plaintiffs' motion to...

Courts - "Appeals Courts Pushed to Right by Bush Choices"

Posted on October 29, 2008
Charlie Savage of the NY Times has a lengthy article today on the reshaping of the federal courts. Some quotes:On Oct. 6, Mr. Bush pointed with pride to his record at a conference sponsored by the Cincinnati chapter of the...

Ind. Decisions - Curley early voting oral argument tomorrow

Posted on October 29, 2008
The oral argument in the case of John B. Curley, et al vs. Lake County Board of Elections and Registration, et al will be tomorrow, Thursday, Oct. 30th, before a Court of Appeals panel. (Oddly, the names of the panel...

Law - "A Myth of Voter Fraud"

Posted on October 29, 2008
The Washington Independent (which "belongs to a network of state-based online news sites founded by the Center for Independent Media") had an article earlier this week by Daphne Eviatar headed "A Myth of Voter Fraud: In Pursuit of an Unlikely...

Ind. Courts - "Appeals court visits Ball State"

Posted on October 29, 2008
Sean Armie reports in the Ball State Daily News:The Indiana Court of Appeals offered students a glimpse at the judicial process in Pruis Hall on Tuesday. More than 200 Ball State University students and faculty gathered to watch a panel...

Ind. Courts - "Supreme Court won?t halt molest trial"

Posted on October 29, 2008
Shawn McGrath of the Anderson Herald Bulletin reports:The Indiana Supreme Court denied Tuesday a defense attorney?s emergency request to stop a Tipton man?s trial on child molestation charges and ordered it to proceed. Defense attorney Zaki Ali filed the motion...

Ind. Courts - Charges filed against Senior Judge Walter P. Chapala

Posted on October 29, 2008
From a just-issued release:The Indiana Commission on Judicial Qualifications filed formal charges of judicial misconduct against the Honorable Walter P. Chapala, a Senior Judge and former Judge of the LaPorte Superior Court #1, the Commission announced today...

Ind. Decisions - "Court upholds conviction in quadruple killing"

Posted on October 29, 2008
The Supreme Court's decision yesterday in the case of Bassett v. State (see ILB summary here) is the subject of an AP story today that begins:COLUMBUS, Ind. - The Indiana Supreme Court has upheld the convictions and life sentence for...

Ind. Decisions - 7th Circuit decides one Indiana case today

Posted on October 29, 2008
In Jack Bell v. DaimlerChrysler Corp. (SD Ind., Judge Tinder), a 26-page opinion, Judge Rovner writes:Pursuant to section 301 of the Labor Management Relations Act, 29 U.S.C. � 185(a), the plaintiffs-appellants brought suit in the district court al- leging...

Ind. Decisions - Court of Appeals issues 1 today (and 5 NFP)

Posted on October 29, 2008
For publication opinions today (1): In The Marriage of: Suzanne Hebert Hamilton v. Richard Wayne Hamilton , a 15-page opinion, Judge Vaidik writes: Suzanne Hamilton appeals the trial court?s order finding that her former husband, Richard Hamilton, was not in...

Law - "Get Ready to Relearn the ADA"

Posted on October 29, 2008
An important heads-up article today in Legal Times, reported by Lawrence Lorber, Fredric C. Leffler and Samantha Morris. It begins:Get ready to relearn the Americans with Disabilities Act -- by Jan. 1, 2009. New legislation signed last month has defanged...

Ind. Courts - Journal Gazette on state appellate judicial retention

Posted on October 28, 2008
The Fort Wayne Journal Gazette has an editorial today, covering both local and appellate judges. Some quotes:Hoosiers statewide are being asked whether to retain three state Supreme Court justices, a court of appeals judge and the state tax court judge...

Ind. Courts - "Merit selection of Lake Superior judges supported by court commission"

Posted on October 28, 2008
Marisa Kwiatkowski of the NWI Times reports today:INDIANAPOLIS | The Indiana Commission on Courts voted 9-0 Monday in support of legislation that would change the selection process for Lake County Superior Court county division judges. Under the legislation, the judges...

Ind. Courts - "Seated Porter County judges raise big bucks"

Posted on October 28, 2008
Bob Kasarda reports today in a NWI Times story that begins:VALPARAISO | The two incumbent judges seeking re-election have raised far more money than their challengers, with a large share of their contributions coming from local attorneys, according to the...

Ind. Courts - La Porte Superior Court 2 judge contest

Posted on October 28, 2008
Dave Hawk reports in the Michigan City News-Dispatch, in a story that begins:The Republican running for La Porte Superior Court 2 judge, Thomas Rutkowski, grew up in Wisconsin, but has been in Michigan City for 35 years. Rutkowski brings something...

Ind. Decisions - Supreme Court decides one today

Posted on October 28, 2008
In Bassett v. State, an 18-page, 5-0 opinion, Justice Sullivan writes:Robert Bassett, Jr., appeals his four convictions for murder and sentences of life imprisonment without the possibility of parole primarily on grounds that the prosecuting attorney in this case listened...

More blogging to follow later today

Posted on October 28, 2008
More ILB entries will follow over the next several hours. I attended a very good CLE today on Appellate Practice and will give you a taste of some of what I learned in a day or two. One of the...

Ind. Decisions - Still more on: Curley Plaintiffs petition for immediate consideration, denied by Supreme Court, granted by COA

Posted on October 28, 2008
Yesterday, The ILB asked readers to submit the briefs in the Curley COA appeal. Here is what has been received so far: The AG?s motion and brief....

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