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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

Environment - More on: Rhode Island's Massive Lead Paint Tort Case

Posted on July 01, 2008
Overturned! That is the word this afternoon. Susan A. Baird of the Providence Business News reports in a long story that begins:PROVIDENCE ? In a unanimous ruling this morning, the R.I. Supreme Court rejected the landmark decision against former lead-pigment...

Ind. Law - Hoosiers may apply for gun permits online

Posted on July 01, 2008
That from this story this morning by Anne Gregory of the Fort Wayne Journal Gazette. Some quotes:Residents of Wells and Miami counties are the first people in Indiana who may apply for a firearm permit online. This is a test...

Ind. Courts - Three justices and at least one appellate judge up for retention this year

Posted on July 01, 2008
In 2006 one Supreme Court justice, Frank Sullivan Jr., and five Court of Appeals judges, James S. Kirsch, Terry A. Crone, Ezra H. Friedlander, Edward W. Najam Jr., and Patricia A. Riley, were up for retention for new 10-year terms....

Ind. Gov't. - "Like Kelvin Sampson before him, Rick Greenspan agreed not to sue Indiana University in announcing his resignation"

Posted on July 01, 2008
Mike Alesia, who has had a number of good stories covering the legal woes of Indiana University sports (see ILB list here), reports today on "IU's lame-duck athletic director" Rick Greenspan and his separation agreement. Some quotes:Like Kelvin Sampson before...

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Ind. Courts - More on "Accused officers' drugs cases at risk"

Posted on July 01, 2008
This story, first posted by the Indianapolis Star online yesterday morning (see ILB entry here), is now in an expanded version the main front-page story in today's paper. Reported by Vic Ryckaert and Jon Murray, the story begins:The arrests of...

Ind. Decisions - "Ex-trustee absolved in Steuben sex assault"

Posted on July 01, 2008
The Supreme Court's opinion in Debra A. Barnett v. Camille Clark, Trustee of Pleasant Township, decided last Friday (see ILB entry here), is the subject today of a story by Niki Kelly in the Fort Wayne Journal Gazette. Some quotes:...

Ind. Decisions - Upcoming oral arguments this week

Posted on June 30, 2008
This week's oral arguments before the Supreme Court: None scheduled. This week's oral arguments before the Court of Appeals: None scheduled....

Law - "N.C. legislators debate golf carts as transportation as gas prices remain near $4 a gallon"

Posted on June 30, 2008
The Wilmington NC StarNews had this story Sunday, reported by Joe Johnson, that begins Raleigh | Golf cart owners who want hit the highways instead of the fairways in an attempt to beat $4 gas prices should wait until regulations...

Ind. Decisions - The Supreme Court has now posted two (now three) more this afternoon

Posted on June 30, 2008
Willie Eaton v. State of Indiana is an 11-page, 4-1 opinion, with a 4-page dissent. Justice Dickson writes:In this direct appeal, the defendant challenges his convictions for Dealing in Cocaine, a class A felony, and Possession of Marijuana, a class....

Ind. Courts - Indiana Court Times, May/June 2008, is available online

Posted on June 30, 2008
The Indiana Courts website announces today that the 20-page May/June issue of Indiana Court Times is available online....

Ind. Decisions - Supreme Court posts one this afternoon

Posted on June 30, 2008
In Phillip Miles v. State of Indiana, a 3-page Per Curiam opinion, the Court concludes:We grant transfer because Miles is not precluded from seeking appellate sentence review under the circumstances. In Childress v. State, 848 N.E.2d 1073 (Ind. 2006), we...

Ind. Decisions - Court of Appeals issues 7 today (and 26 NFP)

Posted on June 30, 2008
Today is the end of the term. For publication opinions today (7): In Indiana Department of Natrual Resources and State of Indiana v. Lake George Cottagers Association , a 7-page opinion, Judge May writes:The Lake George Cottagers Association (hereinafter ?the...

Ind. Courts - "Accused officers' drugs cases at risk"

Posted on June 30, 2008
Reported this morning by Vic Ryckaert of the Indianapolis Star, a story that begins:After an Indianapolis police officer appeared in court this morning on charges he knowingly sold a firearm to a convicted burglar, the Marion County prosecutor admitted he?s...

Courts - Linda Greenhouse recaps the Court's term

Posted on June 30, 2008
Linda Greenhouse, who took an early buyout from the NY Times and is moving on to Yale, recaps the Supreme Court's term in this article in the Sunday Times. Accompanying the story are two valuable, not to be missed charts,...

Ind. Law - More on: Impact of the decision in Heller on Indiana (and Chicago)

Posted on June 30, 2008
Updating this ILB entry from June 27th, David G. Savage of the LA Tmes had an excellent analysis piece June 28th headed "Supreme Court gun ruling leaves questions: How far does the constitutional right to gun ownership extend? Is the...

Ind. Law - "Law requiring schools and governments to receive referendum approval for large, publicly financed projects takes effect July 1"

Posted on June 30, 2008
Niki Kelly reports in the Fort Wayne Journal Gazette today under the headline "New law bolsters voter say on taxes." Her story begins:A new era of citizen control over property taxes starts Tuesday when a law requiring schools and governments...

Ind. Law - "Tragic cases often spur fetal homicide laws"

Posted on June 30, 2008
Deanna Martin, writing today for the AP, has a long article on fetal homicide. The article starts by referencing Marion County Prosecutor Carl Brizzi's call for a strengthened law after the recent death of two unborn twins in a bank...

Environment - "Congress now focus of Great Lakes compact"

Posted on June 30, 2008
John Flesher, AP Environmental Writer, reports today:TRAVERSE CITY, Mich. | A year ago, it seemed a proposed compact designed to prevent raids on the Great Lakes might be sunk by squabbles in the states with jurisdiction over nearly one-fifth of...

Ind. Decisions - More on "Physical discipline of child not abuse"

Posted on June 30, 2008
Updating this June 12th ILB entry on the Supreme Court's 4-1 decision June 10th in the case of Sophia Willis v. State of Indiana (see ILB entry here, 2nd case), the South Bend Tribune today carries an editorial by the...

Ind. Law - "Activist lawyer works to keep city honest"

Posted on June 29, 2008
John Ketzenberger's column today in the Indianapolis Star begins:What's gotten into local attorney Paul Ogden? A Republican and former political candidate, he has the public-private partnerships long championed by power brokers of both parties squarely in his sights...

Ind. Law - Some of the new laws taking effect July 1

Posted on June 29, 2008
Niki Kelly of the Fort Wayne Journal Gazette reports today on some of the new laws taking effect July 1st. The main story focuses on "a new law legalizing some low-stakes games of chance" in bars and taverns. A side-bar...

Ind. Courts - "Judge takes on new role as deacon"

Posted on June 28, 2008
Here are some quotes from a story today by Laura Lane of the Bloomington Herald Times ($$):Monroe Circuit Judge Marc Kellams may want to consider purchasing a reversible robe. Black on one side for when he is in his role...

Ind. Law - "Legislative patchwork befuddles state panel"

Posted on June 28, 2008
So reads the headline to a story by Patrick Guinane in yesterday's NWI Times: INDIANAPOLIS | The legislative labyrinth surrounding Indiana's property tax system proved too difficult Thursday for a state oversight panel to navigate. The Local Government Property Tax...

Ind. Courts - "East Chicago racketeering case cleared for trial"

Posted on June 28, 2008
Patrick Guinane reports today in the NWI Times in a story that begins:INDIANAPOLIS | U.S. District Court Judge James Moody cleared the way Friday for the state's protracted civil racketeering lawsuit against former East Chicago Mayor Robert Pastrick to go...

Ind. Courts - Still more on: Supreme Court issues emergency order re handling of forfeiture cases in Muncie

Posted on June 28, 2008
Updating previous ILB entries, the most recent being this one from June 24th, Douglas Walker of the Muncie Star-Press has a new report today that begins:MUNCIE -- Judge Richard Dailey wants records reflecting all deposits and withdrawals -- and copies...

Ind. Decisions - More on: Judge Hamilton holds SB 258 unconstitutional

Posted on June 28, 2008
In John Doe v. Prosecutor, Marion County, an opinion issued by federal Judge David Hamilton June 24th, Senate Enrolled Act 248, which takes effect Monday, July 1st, was held unconstitutional, at least in part. The 51-page opinion concluded:The court will...

Ind. Decisions - Another Supreme Court opinion posted today

Posted on June 27, 2008
Debra A. Barnett v. Camille Clark, Trustee of Pleasant Township - "The deputy trustee's injurious acts did not fall within the scope of his employment for the defendant Trustee, and thus the Trustee is not vicariously liable under the doctrine...

Ind. Decisions - Transfer list for week ending June 27, 2008

Posted on June 27, 2008
Here is the Indiana Supreme Court's transfer list for the week ending June 27, 2008. Note that there are four pages. The Court granted five transfers with opinion this week; all have been posted: four (Smith, Neff, Young, and Young.)...

Environment - Yet more on: Gary Post-Tribune examines IDEM calls to BP

Posted on June 27, 2008
Updating this ILB entry from June 25th, the Gary Post-Tribnune has an editorial today headed "What is it that IDEM seems bent on hiding?"...

Ind. Decisions - Supreme Court issues three opinions today re trash searches

Posted on June 27, 2008
In George Membres, III v. State of Indiana, a 23-page, 3-2 opinion in a case argued 4/17/07, Justice Boehm writes:We hold that Litchfield v. State, 824 N.E.2d 356 (Ind. 2005), does not apply retroactively because it established a new rule...

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