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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 - "Fight over Boone Co. turbines headed to court"

Posted on October 27, 2008
Richard Essex of WTHR 13 Eyewitness News had this interesting report Sunday:Lebanon - A lawsuit between two Lebanon neighbors is being watched carefully by people in the wind turbine industry. The outcome could effect future commercial and residential development of...

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

Posted on October 27, 2008
Brendan O'Shaughnessy has a front-page story in today's Indianapolis Star that begins:Marion County Sheriff Frank Anderson is directing hundreds of thousands of dollars each year to his former campaign manager's law firm for outside legal services that could be handled...

Ind. Decisions - Upcoming oral arguments this week; including "early voting" case

Posted on October 27, 2008
This week's oral arguments before the Supreme Court: This Wednesday, Oct. 29th: 9:00 AM - Estate of Margaret H. Prickett v. Marilyn P. Womersley - A decedent's daughter filed a claim for services rendered while the decedent was under a...

Ind. Courts - "Five Lake County judges are seeking retention on the November ballot"

Posted on October 27, 2008
Marisa Kwiatkowski writes today in the NWI Times in a story that begins:Lake Juvenile Court Judge Mary Beth Bonaventura, Lake Criminal Court judges Clarence Murray and Diane Ross Boswell and Lake Superior Court judges George Svetanoff and Elizabeth Tavitas are...

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Law - More on "Do sex offender laws make homelessness a crime?

Posted on October 27, 2008
Updating this ILB entry from July 8th, the same reporter, Bill Rankin of the Atlanta Journal-Constitution, writes today:The Georgia Supreme Court on Monday declared unconstitutional a provision of the sex-offender registry law, because it fails to inform the homeless who...

Courts - "In Drug Case, Justices to Weigh Right to Sue"

Posted on October 27, 2008
That is the headline to this story today in the WSJ about the upcoming oral arguments before the Supreme Court. This story, by Alicia Mundy and Shirley S. Wang, begins:For nearly a century, Americans have been able to sue drug...

Ind. Decisions - Court of Appeals issues 0 today (and 4 NFP)

Posted on October 27, 2008
For publication opinions today (0): NFP civil opinions today (0): NFP criminal opinions today (4): Jody L. Shoemaker v. State of Indiana (NFP) Derek D. Fingers v. State of Indiana (NFP) Ryan C. Garcia v. State of Indiana (NFP) Saul...

Environment - "EPA to Loosen Controls On Power-Plant Pollution"

Posted on October 27, 2008
Siobhan Hughes of the WSJ is reporting today:WASHINGTON -- The Bush administration is moving to adopt rules that would loosen pollution controls on power plants, by judging the plants on their hourly rate of emissions rather than their total annual...

Ind. Decisions - 7th Circuit decides 4 Indiana cases today

Posted on October 27, 2008
In US v. Castaldi (ND Ind., Judge Lorenzo) - a 14-page opinion, Judge Flaum writes: Kenneth Castaldi appeals his conviction on thirteen counts of mail fraud and embezzle- ment from an employee benefits plan. The convictions stemmed from a...

Ind. Courts - Preliminary thoughts about Indiana not-for-publication opinions; isn't it time to abolish all distinctions?

Posted on October 27, 2008
[Here are some of my thoughts; a Res Gestae paper may follow. Comments would be appreciated.] Over two years ago now, on August 23, 2006, the Indiana Court of Appeals began making its not-for-publication opinions (NFP) available online. Approval of...

Ind. Decisions - Transfer list for week ending Oct. 24, 2008

Posted on October 27, 2008
Here is the just issued transfer list for the week ending Oct. 24, 2008. It is 2 pages long. No transfers were granted last week. Over 4.5 years of Transfer Lists: For other weekly transfer lists (going back to Feb....

Ind. Law - "It's the law" today examines hunting laws

Posted on October 27, 2008
Ken Kosky's "It's the Law" column in the NWI Times this week focuses on hunting laws. The article begins:With firearms season about to begin for deer hunters, conservation officers are reminding hunters of the most commonly violated laws and they...

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

Posted on October 27, 2008
Updating this ILB entry from Oct. 18, Tim Evans of the Indianapolis Star, who wrote the earlier story, reports today:Secretary of State Todd Rokita said today that a preliminary investigation by his office has found evidence of ?multiple criminal violations,...

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

Posted on October 27, 2008
In the Lake County early voting case: Per the COA Order issued Friday, Oct. 24th, Appellant's brief was due at noon today. Appellees' briefs are due by noon Wednesday. I've just checked the docket and Appellants' John B. Curley and...

Ind. Law - More on "ACORN followed law on suspect voter registrations" [Updated]

Ind. Courts - "Attorneys battle to become judge of new Floyd County court"

Posted on October 26, 2008
Matt Thacker of the New Albany News & Tribune has this report:Two New Albany attorneys are facing off to become the first judge of the newly created Floyd County Superior Court No. 3. The campaigns have focused on what type...

Ind. Decisions - National reports today on Indiana appellate courts' rulings on early voting case

Posted on October 26, 2008
Updating this ILB entry from yesterday, both the NY Times and NPR today had reports on the Lake County early voting issue. The Times story is headed: "Indiana Court Won?t Rush Case, Letting Early Voting Continue." The NPR report is...

Courts - 6th Circuit issues wine shipping opinion

Posted on October 25, 2008
Jamie Satterfield of the Knoxville News Sentinel reported yesterday:A federal appeals court today deemed unconstitutional a state law designed to boost business for in-state wineries. ?We conclude Tennessee?s Grape and Wine Law is discriminatory on its face,? the 6th U...

Ind. Decisions - Latest stories on Indiana appellate courts' rulings on early voting case

Posted on October 25, 2008
The action by the Supreme Court yesterday in denying a direct appeal, and the Court of Appeals' subsequent decision to allow an expedited hearing are the subject of several news reports today. There are, interestingly, two different versions of the...

Ind. Courts - Vanderburgh judicial candidates evaluated by peers

Posted on October 25, 2008
Libby Keeling of the Evansville Courier & Press reports today in a story that begins:The three candidates for election Nov. 4 to the office of Vanderburgh Superior Court judge were evaluated by their peers this week. A total of 382...

Ind. Courts - Constitutionality of federal sex offender law argued before 7th Circuit Friday

Posted on October 25, 2008
Andy Grimm reports today in the Gary Post-Tribune:A Michigan City man who is challenging the constitutionality of the federal sex offender registry brought his case to the 7th Circuit Court in Chicago on Friday. The case is the first challenge...

Ind. Courts - Still more on "Terre Haute Attorney Arrested"

Posted on October 24, 2008
Updating this ILB entry from Nov. 16, 2007, Howard Greninger of the Terre Haute Tribune-Star reports today :TERRE HAUTE ? William W. Earls, while serving as a Vigo County deputy prosecutor in 2007, drank during jury deliberations and months later...

Law - "The Lawyers Who May Run America"

Posted on October 24, 2008
The November 2008 issue of the ABAJournal has two articles on the lawyers who may run America: if Obama is elected, and if McCain is elected....

Ind. Courts - "The big-dollar race in Greene County politics has proven to be that for the seat of Superior Court Judge"

Posted on October 24, 2008
That is the headline to this story in the Oct. 22nd edition of the Bloomfield Free Press:BLOOMFIELD - The big-dollar race in Greene County politics has proven to be that for the seat of Superior Court Judge. With a deadline...

Environment - "How Green Is the High Court? Five cases put environmental laws to the test"

Posted on October 24, 2008
Marcia Coyle of The National Law Journal has a lengthy report today that begins:Is the U.S. Supreme Court hostile to environmental regulation? Does it shy away from the tougher environmental questions of today? Or are its decisions a "mixed bag,"...

Courts - "Two diet-drug lawyers permanently disbarred"

Posted on October 24, 2008
In 2007 the ILB had many entries relating to Kentucky's fen-phen case/scandal. Today Andrew Wolfson of the Louisville Courier Journal reports, in a lengthy story:Lexington lawyers William Gallion and Shirley Cunningham Jr., who are charged with bilking clients out of...

Ind. Courts - More on "New Albany attorney sentenced to year in prison for sexual battery"

Posted on October 24, 2008
Updating this ILB entry from Sept. 26th, Harold J. Adams of the LCJ reports today:A New Albany attorney must report to jail today to begin serving a one-year sentence for sexual battery against a 16-year-old girl. Meanwhile, authorities have taken...

Ind. Law - "Two offenses, but one candidate stays, the other goes"

Posted on October 24, 2008
The ILB has had numerous stories of candidates found to be ineligible for run for office, or to hold office, because of past convictions. Here are some of them. Today Joy Leiker of the Muncie Star-Press reports:WINCHESTER -- A week...

Ind. Courts - "Judge sues Hammond City Council"

Posted on October 24, 2008
Susan Brown reports today in the NWI Times:HAMMOND | City Court Judge Jeffrey Harkin has sued the Hammond City Council for slashing the court's 2009 budget. In representing Harkin in the complaint filed Wednesday in Lake County Circuit Court, attorney...

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

Posted on October 24, 2008
Despite the quote in the ILB entry from earlier this afternoon:It?s unlikely the COA will agree to expedite, now that the Supreme Court has declined to intervene.the Court of Appeals has just, pursuant to Appellants; motion, ordered an expedited briefing...

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