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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).

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

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Law - Soul singer James Brown and the right of publicity

Posted on July 13, 2008
NPR's Morning Edition last Friday had a fascinating, nearly 6-minute feature on the right of publicity. You may read or listen to it. A quote:You've likely seen a concert photo of Brown ? sweat pouring off his face, his features...


Courts - The Supreme Court and its conundrum of continuity and change

Posted on July 13, 2008
Linda Greenhouse, who is soon to leave the NY Times after 30 years, offers reflections and a personal overview of the Supreme Court's work titled "2,691 Decisions." Here is a sample: [I]t is often the court that eventually retreats when...


Environment - Still more on "Huntington County dairy coming under new management"

Posted on July 12, 2008
Updating this ILB entry from March 26th which quoted a story by Niki Kelly of the Fort Wayne Journal Gazette that began:There is good news and possible bad news for neighbors who have been fighting with the troubled DeGroot Dairy...


Ind. Courts - Updating "Supreme Court issues emergency order re handling of forfeiture cases in Muncie"

Posted on July 12, 2008
Updating these three recent ILB entries, the earliest dated June 21st, Rick Yencer of the Muncie Star-Press reports today:The Indiana Supreme Court on Friday gave Delaware Circuit Court 2 Judge Richard Dailey the green light to proceed and act in...


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Ind. Decisions - Transfer list for week ending July 11, 2008

Posted on July 11, 2008
Here is the Indiana Supreme Court's transfer list for the week ending July 11, 2008. There are only four cases listed, and all are granted transfer. For details, see this ILB entry from earlier today. Over four years of Transfer...


Enironment - DC Circuit strikes down the Clean Air Interstate Rule (CAIR)

Posted on July 11, 2008
The 60-page opinion is here - North Carolina v.EPA. An early AP story by Matt Apuzzo. Some quotes:North Carolina and some electric power producers opposed aspects of the regulation and President Bush found himself with unusual allies. "This is the...


Ind. Decisions - 7th Circuit rules in two Indiana cases today

Posted on July 11, 2008
In Manez, et al v. Bridgestone Firestone (SD Ind., Judge Barker), a 28-page opinion, Judge Wood concludes:In summary, we conclude that the district court had subject-matter jurisdiction to decide whether there had been an abuse of process and that...


Ind. Decisions - Court grants transfer in 4 cases

Posted on July 11, 2008
The formal transfer list should follow later today, but the ILB has received advance notice about four cases granted transfer yesterday, July 10th: State v. Chad Arnold - Deals with the issue of expungement. See 3/11/08 COA ruling here. Edwin...


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

Posted on July 11, 2008
For publication opinions today (2): In Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John's U.S.A., Inc. , an 18-page opinion, Judge May writes:Two African-American men, Thomas Williams and Sanford Kelsey, went to a Papa John?s restaurant...


Ind. Law - "Artist asks Valparaiso board to define vendor policy"

Posted on July 11, 2008
We've reported on the development of golf cart ordinances and wind farm ordinances, as well as local efforts at governing outdoor wood-fired boilers.* Today it is artists working on street corners. James D. Wolf Jr. writes today in the Gary...


Ind. Courts - Federal court decides in favor of Nettle Creek in teacher's discrimination case

Posted on July 11, 2008
The Richmond Palladium-Item's Natalie Root reports today on federal judge Richard L. Young's 51-page ruling July 3rd in the case of Lucero v. Nettle Creek School Corp. Thanks to the Pal-Item, you may access the opinion here. From the lengthy...


Ind. Courts - More on: "Former Schererville judge to be sentenced today"

Posted on July 11, 2008
Updating this ILB entry from yesterday, Joe Carlson reports today in the NWI Times:Former Schererville Town Judge Deborah Riga was sentenced Thursday to 15 months in prison -- substantially less time than she could have received for sending more than...


Ind. Decisions - 7th Circuit warns against baseless petitions

Posted on July 10, 2008
In a Per Curiam ruling on a petition for rehearing issued July 3rd, in the Wisconsin case of Easley v. Reuss, the court cautioned:Petitions for rehearing and petitions for rehearing en banc are mechanisms governed by rule and designed to...


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

Posted on July 10, 2008
For publication opinions today (1): In Petition for the Establishment of the Millpond Conservancy District, an 8-page opinion, Judge Riley writes:Appellants-Remonstrators, Ralph Holman and Wayne Crowl (Remonstrators), appeal the trial court?s order establishing the Millpond Conservancy District (District)...


Courts - "Constitutional ballot proposal presents quandary for Michigan justices"

Posted on July 10, 2008
A lengthy and fairly odd AP story today in the South Bend Tribune, by David Eggert, begins:LANSING -- Judges who would see a pay cut and in some cases a pink slip under a sweeping amendment to the state constitution...


Law - Chicago: "The winners in city scandals? The lawyers "

Posted on July 10, 2008
A long story today by Tim Novak, Art Golab and others today in the Chicago Sun-Times begins:As City Hall's scandals mount, so do the legal bills for taxpayers. Since January 2004, Mayor Daley's administration has spent more than $625,000 on...


Ind. Law - Clinton County developing wind farm ordinance

Posted on July 10, 2008
Max Showalter reports today in the Lafayette Journal Courier:FRANKFORT -- Members of the Clinton County Area Plan Commission Ordinance Review Committee spent some time Tuesday afternoon taking a close look at zoning regulations that govern potential wind farms in the...


Ind. Courts - "Former Schererville judge to be sentenced today"

Posted on July 10, 2008
Joe Carlson reports today in the NWI Times:HAMMOND | Exactly 25 months after Deborah Riga pleaded guilty to using her judicial powers to enrich herself, the former town judge is set to learn her prison sentence today. Riga was the...


Ind. Law - More on: "Anderson police remain on the lookout for a man believed to have abducted his lawyer at knifepoint"

Posted on July 10, 2008
An update to this ILB report from July 8th, this story from the Muncie Star-Press:Police on Wednesday night found a sport-utility vehicle stolen Monday from an Anderson attorney after a client left him tied up in a Madison County nature...


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

Posted on July 10, 2008
Updating this ILB entry from July 3rd, Joy Leiker of the Muncie Star-Press reports today:WINCHESTER -- Even with two new options on the table for the Randolph County Courthouse, officials learned Wednesday night that the least-expensive option for expansion is...


Environment - "BP Whiting?s air permit challenged" in Federal Court [Updated]

Posted on July 09, 2008
The Gary Post-Tribune this afternoon has a breaking news item by Gitte Laasby:The Natural Resources Defense Council filed an appeal today against BP Whiting?s plant modernization project air permit in federal court in Hammond. The NRDC argues that BP and...


Ind. Decisions - 7th Circuit issues four Indiana opinions today

Posted on July 09, 2008
In U.S. v. Kevn L. Hicks (ND Ind., Judge Lee), an 11-page opinion, Judge Flaum writes:Kevin Hicks was arrested when police responded to a 911 caller who reported that an armed man was beating a woman. Hicks was charged with...


Ind. Decisions - Court of Appeals issues 0 today (and 12 NFP)

Posted on July 09, 2008
For publication opinions today (0): NFP civil opinions today (0): NFP criminal opinions today (12): Vince Edward Williams v. State of Indiana (NFP) Jonathan J. Birk v. State of Indiana (NFP) Sirjames Smith v. State of Indiana (NFP) T.D. v....


Ind. Courts - Supreme Court names former TV journalist as Public Information Officer

Posted on July 09, 2008
Today's press release begins:The Indiana Supreme Court has named a former television journalist to serve as its Public Information Officer, Chief Justice Randall T. Shepard announced today. Kathryn Dolan, former WLFI morning news anchor started in the position June 30th...


Ind. Courts - Still more on "Judicial candidate's registration in question"

Posted on July 09, 2008
The controversy continues. Ben Hershberg reports today in the Louisville Courier Journal:Citing errors in the nomination process, the chairman of the Clark County Democratic Party has asked state election officials to reject the Republican nominee for circuit court judge...


Ind. Courts - More on: COA will hear oral arguments today in dispute over Terre Haute mayor's office

Posted on July 09, 2008
Arthur E. Foulkes of the Terre Haute Tribune-Star reports today on yesterday's oral arguments before the Court of Appeals in the case of Burke v. Bennett. Some quotes:The Indiana Court of Appeals listened to arguments Tuesday in the case...


Ind. Decisions - Addendum to: Upcoming oral arguments this week

Posted on July 08, 2008
Yesterday the ILB wrote:Either there are no oral arguments this week, or there is a technical glitch, or someone has fallen down on the job. This morning neither the official Supreme Court oral argument calendar for July, nor the Court...


Ind. Law - More on: "Indy Law Firm moves beyond its nightmare"

Posted on July 08, 2008
This morning the ILB quoted from John Ketzenberger's story in the Indianapolis Star:The partners made an undisclosed cash payment to the state, then gave Department of Insurance Commissioner Jim Atterholt the right to sue ProNational. The state's attorneys, Irwin Levin...


Environment - "States Approve Compact To Protect Great Lakes"

Posted on July 08, 2008
NPR's Morning Edition this morning had an excellent 5-minute story on the Great Lakes Water Compact and the likeliness of it being approved by Congress. You may read it or listen to it here....


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