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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).

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Last Entry: April 01, 2011 at 13:29:28

Ind. Decisions - More on: Court grants transfer in 3 cases

Posted on August 01, 2008
I've just learned there will be no transfer list this week, so expect to see the three transfers listed earlier today on next week's list....

Ind. Decisions - Court grants transfer in 3 cases

Posted on August 01, 2008
The formal transfer list should follow later today, but the ILB has received advance notice about three cases granted transfer, two yesterday, July 31st, and one today, August 1st.: Estate of Prickett v. Womersley - See 4/10/08 NFP COA re...

Environment - "Indiana's worst beaches not in Porter County"

Posted on August 01, 2008
That is the "good" news. The bad news was published in an AP story in the Porter County-based Chesterton Tribune yesterday and in this story by Gitte Laasby in the Gary Post Tribune on July 30th:Indiana had nearly twice as...

Ind. Decisions - More on 7th Circuit decision yesterday in US V. Gladish

Posted on August 01, 2008
In US V. Gladish, decided yesterday (see ILB summary here), Judge Posner ruled:The defendant?s conviction of violating 18 U.S.C. § 2422(b) is reversed with instructions to acquit. The sentence for violating section 1470 will stand.It appears the defendant, who was...

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Courts - Kentucky judge rules highway bill is invalid

Posted on August 01, 2008
I haven't had a chance to look into this matter facing our sister state to the south, but it does appear interesting - Tom Loftus reports today in the LCJ in a story that begins:FRANKFORT, Ky. -- The General Assembly's...

Ind. Courts - Still continuing with "Judicial candidate's registration in question"

Posted on August 01, 2008
Updating this ILB entry from July 29th, on the upcoming Indiana Election Commission hearing Friday in Indianapolis (set for today) to review the nominations for Clark Circuit Court judge, Ben Zion Hershberg reports today in the Louisville Courier Journal:A Democratic...

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

Posted on July 31, 2008
In US V. Gladish (ND Ind., CJ Miller), an 8-page opinion, Judge Posner writes:A jury convicted the defendant of having violated two federal statutes: 18 U.S.C. § 1470, which prohibits knowingly transferring or attempting to transfer obscene material to...

Ind. Courts - Supreme Court will again allow documentary filmmaker Karen Grau, of Calamari Productions, access to the Lake County juvenile court

Posted on July 31, 2008
From a release today on the Courts siter:The Indiana Supreme Court will again allow documentary filmmaker Karen Grau, of Calamari Productions, access to the Lake County juvenile court, Chief Justice Randall T. Shepard announced today. Filming will begin soon in...

Ind. Decisions - Court of Appeals issues 6 today (and 14 NFP)

Posted on July 31, 2008
For publication opinions today (6): In Robert L. Quakenbush v. Review Board of the Indiana Dept. of Workforce, et al. , an 8-page opinion, Sr. Judge Sharpnack writes:The Review Board contends that the dismissal of Quakenbush?s appeal attempt is proper,...

Courts - "Filing for Bankruptcy Becomes More Costly"

Posted on July 31, 2008
Jacquelllline Palank of the WSJ reports today:Individuals who have filed for bankruptcy protection since Congress overhauled U.S. bankruptcy laws in 2005 have faced a more expensive process as attorneys' fees have risen by roughly half, according to a government report...

Law - "Workers' Religious Freedom vs. Patients' Rights"

Posted on July 31, 2008
Rob Stein of the Washington Post has a lengthy story today that begins:A Bush administration proposal aimed at protecting health-care workers who object to abortion, and to birth-control methods they consider tantamount to abortion, has escalated a bitter debate over...

Ind. Law - Looking back through the ILB archives

Posted on July 31, 2008
From the Indiana Law Blog archives, one year ago July 25th-31st:Courts - New Albany, adult store still await ruling (July 29, 2007). Update: Another year has now passed and New Albany DVD (05-1286) still awaits a ruling. Oral argument was...

Ind. Decisions - "Wrongful conviction case hits new snag"

Posted on July 30, 2008
This Jan. 16, 2008 ILB entry quotes from an Indianapolis Star story that mentions, at the end of a long story about another individual:Buntin said he hasn?t decided whether to file a federal lawsuit seeking compensation for a wrongful conviction....

Ind. Decisions - Recent COA NFP custody decision receives some attention

Posted on July 30, 2008
The July 24th Court of Appeals opinion in the case of Diana E. Lowhorn v. Brian E. Lowhorn (NFP) [See ILB summary here, 7th case], was the focus of an entry this evening by law prof. Eugene Volokh. Mr. Volokh,...

Ind. Courts - Debra McVicker Lynch selected to replace retired Magistrate Judge V. Sue Shields

Posted on July 30, 2008
A release posted today by the Clerk of the USDC in Indianapolis announces:The United States District Court for the Southern District of Indiana announced today the selection of Debra McVicker Lynch for the position of United States Magistrate Judge. This...

Ind. Courts - 7th Circuit's use of Wikipedia in Home Depot case cited as "troubling"

Posted on July 30, 2008
Law prof Eugene Volokh of the widely-read Volokh Conspiracy writes today about the 7th Circuit's decision July 28th in Rickher v. Home Depot, Inc. Some quotes from Volokh:Courts have cited Wikipedia over 300 times, and many of those cites are...

Ind. Decisions - Two Indiana opinions today from 7th Circuit

Posted on July 30, 2008
In Parrott v. US (SD Ind., Judge Young), a 21-page opinion, Judge Wood writes:The remand resulted in a grant of summary judgment against Parrott on both of his claims. In addition to challenging that ultimate decision on appeal, Parrott, who...

Courts - "Sizing Up the 2007-08 Supreme Court Term"

Posted on July 30, 2008
Legal Times' seventh annual Supreme Court review, with print and audio versions, available here....

Law - "Conflicting Gay Marriage Laws Cause Headaches for Companies"

Posted on July 30, 2008
Some quotes from an article by Sherry Karabin in Corporate Counsel:California wasn't the first state to legalize same-sex marriage; Massachusetts did so four years ago. (Six countries, including Canada, also allow gay and lesbian couples to marry.) But ever since...

Ind. Decisions - Court of Appeals issues 2 today (and 12 NFP)

Posted on July 30, 2008
For publication opinions today (2): In Tony Billings v. Kendra Odle , an 8-page opinion, Judge Bradford writes:Appellant-Respondent Tony Billings appeals following the trial court?s order finding him in arrears of his child support obligation. On appeal, Billings claims that...

Ind. Courts - Two new stories today on the Delaware County drug forfeiture investigation

Posted on July 30, 2008
The most recent ILB entry on the drug forfeiture investigation in Delaware County was July 24. Today Rick Yencer of the Muncie Star-Press has two new stories. "Oversight over DTF seizure, forfeiture already in place" is the headline to this...

Ind. Courts - More on: "Case in jeopardy because of typos"

Posted on July 29, 2008
Updating this ILB entry from July 19th, Kevin Lilly of the Logansport Pharos-Tribune reported on July 23rd, under the headline "Judge says typo didn?t harm case":A judge ruled this week that multiple clerical mistakes did not prejudice the defendant?s rights...

Ind. Decisions - Court of Appeals issues 5 today (and 14 NFP)

Posted on July 29, 2008
For publication opinions today (5): In Daniel J. Milliner v. State of Indiana , a 9-page, 2-1 opinion, Judge Bailey writes:In this consolidated appeal, Daniel J. Milliner challenges his conviction for failure to register as a sex offender, as a...

Ind. Courts - "Both sides claim free speech rights in battle over sex shop"

Posted on July 29, 2008
The ILB has had at least a dozen entries on Spencer County's court battles to restrict an adult business, 231 Adult Plaza. Today Francesca Jarosz of the Indianapolis Star reports on efforts by 24-hour per day protesters in Jackson County,...

Ind. Courts - Continuing with "Judicial candidate's registration in question"

Posted on July 29, 2008
The most recent ILB entry on this issue was July 20th, quoting Lesley Stedman Weidenbener of the Louisville Courier Journal, who wrote: A squabble over who should be on the ballot in the race for Clark Circuit Court judge has...

Ind. Courts - "Courthouse Girls" movie to air soon on your local PBS station

Posted on July 29, 2008
So reports Bill Richmond of the Winchester News-Gazette. Some quotes:A documentary on the Courthouse Girls calendar saga will make its network television debut Thursday evening on PBS channel WIPB. Courthouse Girls of Farmland airs July 31 at 9 p.m. on...

Ind. Law - Proposed Vincennes golf cart ordinance "driven to committee"

Posted on July 29, 2008
Updating this ILB entry from July 22, Jenny Peter of the Vincennes Sun Commercial reports today:An ordinance that would regulate the use of golf carts on city streets went for the first time before the city council Monday night, and...

Ind. Courts - Attorneys' lounge now available in the Birch Bayh Federal Building and United States Courthouse (Indianapolis Division)

Posted on July 29, 2008
Here is the announcement....

Ind. Law - Jeffersonville considering legalizing golf carts

Posted on July 28, 2008
David A. Mann reports today in the Jeffersonville News & Tribune:[Jeffersonville city councilman Mike] Smith?s already written a draft version of the ordinance that calls for the carts to be allowed on city streets with a speed limit under 30...

Ind. Decisions - Interesting Illinois decision today from 7th Circuit re the CAA

Posted on July 28, 2008
In Citizens Against Ruining the Environment, et al v. EPA and Midwest Generation (Petitions for Review of Orders of EPA), a 16-page opinion, Judge Evans writes:In this consolidated appeal of three related administrative review proceedings, the petitioners, several environmental protection...

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