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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 - 7th Circuit has "yet to rule on adult bookstore in New Albany: New Albany DVD has stayed open"

Posted on July 04, 2008
Dick Kaukas has an interesting story today in the wake of the July 1st decision by SD Indiana federal judge Sarah Evans Barker, who ruled in the Big Hat Books case on a lawsuit filed May 7th. Judge Barker was...

Ind. Gov't. - More on: Competition fierce for Fort Wayne's Lincoln Museum

Posted on July 04, 2008
In reporting about the closing of the Lincoln Museum in Fort Wayne, I wrote on March 9th: "Kentucky and especially Illinois make a big deal over Abraham Lincoln. The State of Indiana has done comparatively little. * * * The...

Courts - Judges urges Lilly to try to settle Zyprexa drug claims

Posted on July 04, 2008
The ILB has posted about a dozen entries relating to various legal issues involving the Lilly drug Zyprexa. Today the Indianapolis Star has a lengthy, front-page story by John Russell that reports:Eli Lilly and Co., which already has paid more...

Environment - "Georgia Court Halts Construction of New Coal-Fired Plant"

Posted on July 04, 2008
The subhead to this July 3rd story in Scientific American is: "First-ever thumbs-down by a court based on greenhouse gas as a pollutant." The report begins:A Georgia court this week halted construction of a new 1,200-megawatt coal-fired power plant on...

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Ind. Decisions - Transfer list for week ending July 3, 2008

Posted on July 03, 2008
Here is the Indiana Supreme Court's transfer list for the week ending July 3, 2008. Note that there are five pages. The Court granted one transfer with opinion on June 30th, in Phillip Miles v. State. There was no oral...

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

Posted on July 03, 2008
In United Steel, Paper etc. Union v. TriMas Corp (ND Ind., Judge Springmann), a 14-page opinion, Judge Cudahy writes:The defendant TriMas Corporation (TriMas) owns a number of heavy manufacturing plants in the Midwest. In July 2003, it signed a...

Ind. Decisions - Court of Appeals issues 0 today (and 2 NFP)

Posted on July 03, 2008
For publication opinions today (0): NFP civil opinions today (1): Susan Steinsdoerfer v. Master Guard (NFP) - "Although competent evidence did not support some of the hearing member?s findings, the Board nevertheless properly affirmed the hearing member?s conclusion that Steinsdoerfer...

Ind. Courts - Porter County prepares to start juvenile drug court

Posted on July 03, 2008
Vicki Urbanik reports in the Chesterton Tribune in a story that begins:Porter County juvenile court officials are awaiting state approval to begin a new juvenile drug court, which will focus on treatment of offenders with substance abuse problems. With an...

Ind. Courts - St. Joseph Prosecutor Dvorak claims his attorneys aren't receiving comparable pay to public defenders

Posted on July 03, 2008
Pablo Ros reports today in the South Bend Tribune in a lengthy sstory - some quotes:For most in St. Joseph County's criminal justice system, it has been everything it promised to be. A reimbursement program with the Indiana Public Defender...

Ind. Courts - Randolph County Courthouse plans still up in air

Posted on July 03, 2008
When last we wrote on this topic, it was under the heading "Search for the front of the Randolph County Courthouse continues." Today Joy Leiker reports the Muncie Star-Press:WINCHESTER -- In response to public pressure, the Randolph County Board of...

Courts - More on: Linda Greenhouse points to blog that identified an error in a major SCOTUS opinion

Posted on July 03, 2008
Updating this ILB entry from yesterday, Linda Greenhouse reports today in the NY Times in a story that begins:In a highly unusual admission of error, the Justice Department acknowledged on Wednesday that government lawyers should have known that Congress had...

Courts - "Next Term: A Fatter, Faster Calendar for Supreme Court"

Posted on July 03, 2008
Tony Mauro of Legal Times writes today in a long story that begins:The current term is history, so what's up for the Supreme Court's next term, which begins Oct. 6? More cases, heard more quickly, and possibly decided with more...

Ind. Decisions - Still more on: "Booksellers incensed over sexual content law"

Posted on July 03, 2008
As reported here yesterday in the ILB, Attorney General Carter has elected not to appeal Judge Barker's July 1st decision in the Big Hat Books case. Several papers editorialize today on the case. The Indianapolis Star's editorial is headed "Earning...

Law - "Ave Maria School of Law Dodges Bullet, Retains Accreditation"

Posted on July 03, 2008
For those following news of the Ave Maria Law School (which the ILB covered for a time last year because of brief speculation it was moving to Fort Wayne - see the last line of this June 4th entry for...

Environment - Bartholomew County hog farmer to pay fine, close operation

Posted on July 02, 2008
Kirk Johannesen has this brief story in the Columbus Republic:A Bartholomew County hog farmer agreed to close his confined feeding operation and pay a $7,750 fine for environmental violations, according to Indiana Department of Environmental Management...

Law - Indiana-born civil rights lawyer Thomas Atkins dies

Posted on July 02, 2008
In an article today in the South Bend Tribune, Laureen Fagan, writes:Elkhart native and nationally prominent civil rights lawyer Thomas I. Atkins used to say that power was colorless. "It's like water. You can drink it or you can drown...

Ind. Decisions - More on: "Booksellers incensed over sexual content law"

Posted on July 02, 2008
Re yesterday's federal court opinion in the case of Big Hat Books v. Prosecutors: Adams, et al - see ILB entries here and here - Attorney General Steve Carter has issued a statement this afternoon:This week?s ruling by a federal...

Courts - Linda Greenhouse points to blog that identified an error in a major SCOTUS opinion

Posted on July 02, 2008
In Kennedy v. Louisiana, issued last week, the Court prohibited states from imposing the death penalty for child rape. Linda Greenhouse writes today in the NY Times:When the Supreme Court ruled last week that the death penalty for raping a...

Ind. Decisions - 7th Circuit issues one Indiana opinion today

Posted on July 02, 2008
In Nick's Cigarette City, Inc. v. U.S. (ND Ind., Judge Lozano), a 17-page opinion, Judge Manion writes:Nick?s Cigarette City, Inc. (?Cigarette City?) brought this action in the United States District Court for the Northern District of Indiana. It sought a...

Ind. Courts - "Division of State Court Administration Seeks Director of Appellate Court Information Technology"

Posted on July 02, 2008
The Courts Site has posted this job notice. A quote:The Indiana Supreme Court Division of State Court Administration is seeking a Director of Appellate Court Technology to provide the Supreme Court, Court of Appeals, and Tax Court, and their agencies...

Ind. Decisions - Court of Appeals issues 3 today (and 17 NFP)

Posted on July 02, 2008
For publication opinions today (3): In Indiana Bureau of Motor Vehicles and State of Indiana v. Brent Orange, a 7-page opinion, Judge Kirsch writes:Intervenor, the Indiana Bureau of Motor Vehicles (the ?BMV?), appeals the trial court?s denial of its motion...

Ind. Courts - "Haughee's appeals all are denied"

Posted on July 02, 2008
Two new stories today on former Lake County deputy prosecutor Michael B. Haughee (see list of earlier ILB entries). James D. Wolf Jr.'s Gary Post Tribune report begins:VALPARAISO -- A Porter County Judge denied all the motions that a former...

Ind. Law - More on: Hoosiers may apply for gun permits online

Posted on July 02, 2008
Updating yesterday's ILB entry referencing a story from the Fort Wayne Journal Gazette, the Journal Gazette has posted what appears to be a supplemental story today, this one by Becky Manley, reporting that:After applicants complete the online form, they will...

Ind. Decisions - Stories today on: "Booksellers incensed over sexual content law"

Posted on July 02, 2008
Francesca Jarosz of the Indianapolis Star reports today on yesterday's opinion by federal district judge Sarah Evans Barker in the case of Big Hat Books v. Prosecutors: Adams, et al. - see yesterday's ILB summary and links to the opinion...

Ind. Gov't. - More on: Indianapolis Public Schools asks court to rule on vote

Posted on July 01, 2008
Updating this ILB entry from June 13th, Andy Gammill of the Indianapolis Star reports today: "2 get OK to take seats on IPS board: Judge says voters' will should stand; big vote on construction expected today."A Marion County judge cleared...

Ind. Courts - More on: "United States Senate Confirms William T. Lawrence as District Judge"

Posted on July 01, 2008
Updating this ILB entry from June 27, the USDC for the Southern District of Indiana has posted this press release that begins:The United States District Court for the Southern District of Indiana is pleased to announce that on Tuesday, July...

Ind. Decisions - Yet more on: "Booksellers incensed over sexual content law"

Posted on July 01, 2008
Today federal Judge Sarah Evans Barker, in a 31-page opinion, ruled:For the reasons detailed in this entry, Plaintiffs? facial challenge to HEA 1042 is well-founded. We hold that HEA 1042 unduly burdens First Amendment rights, and is unconstitutionally vague...

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

Posted on July 01, 2008
In U.S. v. Antone C. Harris (SD Ind., Judge Barker), a 17-page opinion, Judge Williams writes:Harris argues that the district court should not have reconsidered whether the affidavit contained false statements under the law of the case doctrine. Because...

Ind. Decisions - Supreme Court issues one today

Posted on July 01, 2008
In Anthony A. Hopkins v. State of Indiana, a 4-page, 5-0 opinion, Chief Justice Shepard writes:Almost a decade ago, appellant Anthony Hopkins stood trial by jury, and the jury found him guilty of two counts of attempted murder and other...

Ind. Decisions - Court of Appeals issues 0 today (and 3 NFP)

Posted on July 01, 2008
For publication opinions today (0): NFP civil opinions today (1): Debra Byrum v. Bookout Properties, Inc. (NFP) - "Debra Byrum appeals the trial court?s order denying her request for unpaid commissions earned before Bookout Properties terminated her employment...

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