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Indiana

The Indiana Law Blog 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

Recent Entries: 8211

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Courts - "Judge declares mistrial, blames newspaper"

Posted on August 08, 2008
From a report by KSN.com that begins:SALINA, KS, August 7, 2008 -- A judge declared a mistrial Thursday in the Saline County rape case of Jerry Sellers and blamed the local newspaper. On page A5 of the Salina Journal, the...


Ind. Decisions - Court of Appeals issues 0 today (and 100 NFP)

Posted on August 08, 2008
For publication opinions today (0): NFP civil opinions today (1): In LeWayne Hilbert v. Deborah S. Hilbert (NFP), a 15-page opinion, Judge Najam writes:LeWayne Hilbert (?Husband?) appeals from the dissolution court?s final decree dissolving his marriage to Deborah Hilbert (?Wife?)...


Courts - "For 'Maverick' Federal Judges, Life Tenure Is Largely Unfettered License"

Posted on August 08, 2008
This freely-available opinion piece today in the WSJ, written by Nathan Koppel, is aimed at federal judges, and particularly at a single federal district court judge, 84-year-old LA Judge Manuel Real:Life tenure for federal judges aims to give them the...


Courts - "Study Finds Settling Is Better Than Going to Trial "

Posted on August 08, 2008
So reports Jonathan D. Glater in this story today in the business section of the NY Times. Check out this NYT graphic. The study is to be published in the September issue of the Journal of Empirical Legal Studies....


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Ind. Courts - Jeffersonville's ban on sex offender in park to be tested again

Posted on August 08, 2008
Harold J. Adams reports today in the Louisville Courier Journal, in a story that begins:A judge said he will decide today whether to grant a Clarksville man an exemption to an ordinance that bans sex offenders from Jeffersonville city parks....


Ind. Courts - "Attorney Michael 'Mick' Alexander seeks delay of trial, new judge"

Posted on August 08, 2008
So reads the headline to this story today by Douglas Walker in the Muncie Star-Press. Some quotes:Former Delaware County Prosecutor Michael J. "Mick" Alexander wants his upcoming trial on a conspiracy-to-commit-bribery charge postponed. He also wants a new judge...


Environment - Massive fish kill in Union City; Complaints of CAFO permit delay in Union County

Posted on August 08, 2008
Two CAFO stories today. "Fish toll may reach 40,000 from manure spill" is the headline of a story today by Joy Leiker of the Muncie Star-Press. It begins:UNION CITY -- A minimum of 10,000 fish have died, and that number...


Ind. Courts - Judge Dailey on the Delaware County drug forfeiture investigation

Posted on August 08, 2008
Updating this ILB entry from Aug. 7th, the Muncie Star-Press today has an unattributed story headed "Dailey says not his role to determine if crimes occurred":MUNCIE -- Delaware Circuit Court 2 Judge Richard Dailey said Thursday it was not his...


Ind. Courts - Still more on: Plea deal pulled in attorney sex-attack case

Posted on August 08, 2008
Updating earlier ILB entries, Harold J. Adams of the Louisville Courier Journal reported Aug. 7th in a story that begins:In a second deal with prosecutors, New Albany attorney Anthony Wallingford has agreed to plead guilty to sexual battery in connection...


Ind. Decisions - "Love the wine? You must visit the vine"

Posted on August 08, 2008
The subhead to today's Indianapolis Star story by Jeff Swiatek: "Judges toss out ruling that let you simply order online; Hoosiers must appear in person for an ID check first.". The decision is that of the 7th Circuit yesterday in...


Courts - "Groups Urge High Court to Review Key Judicial Recusal Case"

Posted on August 07, 2008
Updating this ILB entry from Aug. 4th, Marcia Coyle of The National Law Journal reports today in a brief story:Bar, campaign reform and citizens' groups this week filed briefs urging the U.S. Supreme Court to hear a case challenging a...


Ind. Decisions - 7th Circuit posts two Indiana decisions late today

Posted on August 07, 2008
One is the wine shipping case, Baude v. Heath (SD Ind., Judge Tinder). For background, see this ILB entry from Feb. 22nd. Today Judge Easterbrook writes, in an 11-page opinion:After Granholm v. Heald, 544 U.S. 460 (2005), held that...


Ind. Law - Indiana building codes, part of the Indiana Administrative Code, are copyrighted and not available online

Posted on August 07, 2008
The ILB entry yesterday on the Fire Prevention and Building Safety Commission called to mind another very irksome situation insofar as the accessibility of Indiana laws and rules is concerned. It is not an easy thing to review the Indiana...


Ind. Decisions - "Circuit Court rejects suit opposing religion in vets care"

Posted on August 07, 2008
The 7th Circuit's decision 32-page decision yesterday in the case of Freedom from Religion Foundation v. Nicholson, out of Wisconsin, is the subject of an AP story today in the Fort Wayne Journal Gazette. Some quotes:MADISON, Wis. ? Taxpayers cannot....


Ind. Decisions - Court of Appeals issues 2 today (and 1 NFP)

Posted on August 07, 2008
For publication opinions today (2): In LHT Capital LLC v. Indiana Horse Racing Commission, et al. , a 19-page opinion, Judge Brown writes:LHT asserts that the Commission demanded a $15 million transfer fee. In an August 6, 2007 letter to...


Ind. Courts - Lake County Council "frowns on unchanged budgets from county judges "

Posted on August 07, 2008
John Byrne reports today in the Gary Post-Tribune:CROWN POINT -- The Lake County Council is ready to put several county judges on notice. Unhappy with initial 2009 budget proposals from three of the four County Division courtrooms, council members said...


Ind. Courts - More again today on the Delaware County drug forfeiture investigation

Posted on August 07, 2008
The most recent ILB entry on the drug forfeiture investigation in Delaware County was Aug. 6. Today Rick Yencer of the Muncie Star-Press reports in a story that begins:Delaware Circuit Court 2 Judge Richard Dailey on Wednesday concluded his series...


Ind. Decisions - Improvements needed to highlight late-added opinions

Posted on August 06, 2008
Late this afternoon, another COA opinion was posted by the Clerk; the stamp indicates it was filed at 3:40 pm. The NFP case is Mitchell Jackson v. State of Indiana (NFP). Only by accident did the ILB discover this, noticing...


Ind. Courts - More on the authority of magistrates and master commissioners

Posted on August 06, 2008
In Invol. Term. of Parent-Child Rel. of A.P., M.P., and S.P., and Mary Palmero v. Marion Co. Dept. of Child Services, and Child Advocates, Inc. (NFP) (12/27/07) and In the Matter of the Involuntary Termination of the ) Parent-Child Relationship...


Ind. Law - "Barnes & Thornburg is cutting its summer associate program next year in its Chicago office"

Posted on August 06, 2008
From a story by Lynne Marek in the National Law Journal:Barnes & Thornburg, a 450-lawyer firm based in Indianapolis, is cutting its summer associate program next year in its Chicago office because first-year associates are so available in the city...


Ind. Courts - More again today on the Delaware County drug forfeiture investigation

Posted on August 06, 2008
This column by Larry Riley in the Muncie Star Press attempts to give an overview of the issues. This article by Rick Yencer reports that: "An ongoing investigation of drug forfeiture and seizure cases is now turning to federal funds...


Ind. Gov't. - "State rejects retroactive rental property code "

Posted on August 06, 2008
The headline to the Aug. 5th story ($$) by Laura Lane in the Bloomington Herald Times is "State rejects retroactive rental property code: Forcing owners to meet new city standards is not fair, commission says; city may appeal decision." Some...


Ind. Law - Greenwood homeowners assoc. bans sex offenders

Posted on August 06, 2008
From WISHTV8, August 8, some quotes from a lengthy story:GREENWOOD, Ind. (The Daily Journal) - A group of Greenwood residents have a message for registered sex offenders: Stay out. Pines of Greenwood, near Worthsville and Averitt Roads, is believed to...


Ind. Law - A number of new golf cart stories today

Posted on August 06, 2008
From the Elkhart Truth, a brief report from the Middlebury Town Council meeting of 8/4/08:Discussed possibly allowing residents to drive golf carts on town roads. Council members said they were open to considering the issue, but more research is needed...


Ind. Decisions - Court of Appeals issues 2 today (and 13 NFP) [Corrected]

Posted on August 06, 2008
For publication opinions today (2): In Denia Baniaga v. State of Indiana , a 9-page opinion, CJ Baker writes:Appellant-defendant Denia Baniaga appeals her convictions for Possession of Cocaine, a class C felony, and Driving While Suspended, a class A misdemeanor...


Courts - Georgia Appeals Court Candidates Confront Anti-Abortion Group's Survey

Posted on August 06, 2008
Alyson M. Palmer of the Fulton County Georgia Daily Report writes today in a lengthy story:It's unlikely the Georgia Court of Appeals will ever issue a ruling on whether the state or federal constitution contains a right to abortion. But...


Law - Law librarian comments on the law student "search" mentality

Posted on August 06, 2008
The Houston Chronicle had a feature August 1st on DeCarlous Spearman, law library director at Texas Southern University's Thurgood Marshall School of Law. A quote:Q: What is your goal as the TSU law library director? A: My goal is to...


Ind. Courts - Change of venue in Kalab Lay murder trial [Updated]

Posted on August 06, 2008
Evansville's Kalab Lay murder trial (see earlier ILB entries here) has been moved to Clark County, about two hours east of Evansville. Today the Evansville Courier & Press has an editorial stating that the venue decision is appropriate. The editorial...


Ind. Law - More on "Deadline looms for lenders, mortgage brokers must pass test"

Posted on August 06, 2008
Updating this ILB entry from July 8th, here is the list of revoked mortgage brokers from the Secretary of State's page. Meagan Ingerson of the Indianapolis Star reports the story today under the headline: "360 mortgage brokerages don't cut it...


Ind. Decisions - Court of Appeals issues 1 today (and 6 NFP)

Posted on August 05, 2008
For publication opinions today (1): In First Farmers Bank & Trust Co. v. Dianna F. Whorley , a 19-page opinion, Judge Riley writes:Appellant-Defendant, First Farmers Bank & Trust Co. (First Farmers), appeals the trial court?s denial of its motion for...


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