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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 - Court of Appeals issues 3 today (and 14 NFP)

Posted on May 07, 2008
For publication opinions today (3): In Herman Filice v. State of Indiana , a 26-page opinion, Chief Judge Baker writes:Rohypnol, a notorious date rape drug, causes temporary amnesia by inducing extreme feelings of intoxication in a user. The facts of...

Ind. Decisions - Monday COA opinions now available; 1 (and 5 NFP)

Posted on May 07, 2008
For publication opinions Monday (1): In Robert R. Gregory, Jr. v. State of Indiana, a 20-page opinion, Judge Bailey writes:Appellant-Defendant Robert R. Gregory, Jr. (?Gregory?) appeals following his convictions and sentence for Dealing Methamphetamine, as a Class B felony, and...

Ind. Decisions - Federal court grants preliminary injunction re judicial speech rights

Posted on May 06, 2008
On April 18th, according to a press release issued on that day by attorney James Bopp, Jr., quoted in this ILB entry:Two Indiana judicial candidates filed suit today in federal court to block enforcement of Indiana rules prohibiting them from...

Ind. Courts - Carroll County judges find their voice

Posted on May 06, 2008
Beginning with this ILB entry, headed "Judicial mandate mentioned in Carroll County," the ILB thus far has had four entries on the current Carroll County budget dispute. The others were posted: April 9th, April 16th, and May 1st. All but...

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Ind. Decisions - "Anger left after false jailing, tossed suit"

Posted on May 06, 2008
The April 16th NFP Court of Appeals opinion in the case of James V. Lemmon, et al v. James A. Herman, et al (see ILB entry here - 7th case) is the subject of a story in the Fort Wayne...

Ind. Decisions - "Court upholds firing of Hammond police sergeant"

Posted on May 06, 2008
The April 30th Court of Appeals NFP decision in the case of Timothy A Thomas v. City of Hammond was the subject of a story by Patrick Guinane yesterday in the NWI Times:The Indiana Court of Appeals has upheld the...

Ind. Decisions - "Court won't hear adult plaza case"

Posted on May 06, 2008
As the ILB noted last Friday, May 2nd:Notable transfer denials include Plaza Group Properties, LLC, et al. v. Spencer County Plan Commission, et al.. For background, see this ILB entry from Dec. 14, 2007. Bryan Corbin of the Evansville Courier...

Ind. Decisions - Upcoming oral arguments this week

Posted on May 05, 2008
This week's oral arguments before the Supreme Court: This Wednesday, May 7th: 9:00 AM - Marla Young v. Timothy Young - The Cass Circuit Court entered an order establishing a father's child support obligation. The Court of Appeals affirmed in...

Ind. Courts - COA Judge L. Mark Bailey offers advice to North Decatur High School students

Posted on May 05, 2008
"Bailey is a North Decatur alum who visited the students to discuss law in the 21st century, with a special emphasis on exactly what he does on the bench," writes Joe Hornaday in this two-screen story in the Greensburg Daily...

Ind. Decisions - Not yet available [Updated]

Posted on May 05, 2008
Apparently there are Court of Appeals opinions today, but they have not yet been made available online via the Court website. Check back. [Update at 6:30 pm] The Court Opinions Page now has this banner at the top:Newly published appellate...

Courts - A rapping clerk of the courts?

Posted on May 05, 2008
This caught my eye. An entry from the blog Above the Law begins:When you think of clerks of court, you probably think of those annoying people who bounce your filings because you used the wrong font size. They don't seem...

Environment - "Air rules initiative troubles Amish"

Posted on May 05, 2008
Niki Kelly of the Fort Wayne Journal Gazette had a very long and very interesting story Sunday on IDEM's interactions with Amish woodworking operations. Some quotes:?In speaking to IDEM, they clearly did not intend this. If they were targeting them,....

Ind. Decisions - 7th Circuit decides one Indiana case

Posted on May 05, 2008
In UNITED STATES OF AMERICA v. RODRIGO SOTO-PIEDRA and MIGUEL HERNANDEZ (SD Ind., Judge McKinney), a 12-page opinion, Judge Kanne writes:Rodrigo Soto-Piedra and Miguel Hernandez pleaded guilty to conspiracy to distribute cocaine. See 21 U.S.C. �� 846, 841(a)(1)...

Ind. Courts - "Courtenay Scott case could decide Democrat nominee" in Vigo court race

Posted on May 04, 2008
Deb Kelly reports today in the Terre Haute Tribune-Star in a lengthy story which includes these quotes:The two Democrat candidates for judge of Vigo Superior Court Division 5 agree on almost everything except how the incumbent handled a single, contentious...

Ind. Decisions = "Flying J's obstruction suit against New Haven bounced"

Posted on May 04, 2008
Rebecca Green reported Saturday in the Fort Wayne Journal Gazette:A federal judge granted a request this week to dismiss a lawsuit filed by a convenience store chain against the city of New Haven. In September, attorneys for Utah-based travel plaza...

Ind. Courts - Longtime Marion County Judge John R. Barney dies

Posted on May 04, 2008
Here is the obituary from today's Indianapolis Star....

Ind. Courts - More on: "Howard County Judge accuses deputy prosecutor of drug use"

Posted on May 03, 2008
Updating this ILB entry from May 1st, which quoted from the Kokomo Perspective, today Mike Fletcher of the Kokomo Tribune reports:A judicial inquiry into Howard Superior Court 2 Judge Stephen Jessup?s actions after accusing Deputy Prosecutor David Steele of being...

Ind. Court - Judge files suit against school to avoid statute of limitations

Posted on May 03, 2008
Mike Ricketts reported yesterday in the Bedford Times-Mail in a story that begins:BLOOMINGTON ? Lawrence Circuit Court Judge Andrea McCord has filed a civil suit against the Mitchell Community Schools to avoid the two-year statute of limitations expiring, and to...

Ind. Courts - "Lennington scandal could play role in race for Delaware Circuit Court 5"

Posted on May 03, 2008
The ILB has not been posting pre-election stories this week listing who is running in the primary judicial races, as they would be quickly superceded next week by stories about the general election candidates. This Delaware County Circuit Court, however,...

Ind. Decisions - More on: Court of Appeals revives suit challenging state's school finance system [Updated]

Posted on May 03, 2008
Updating this entry yesterday on the Court of Appeals decision in the case of Joseph Bonner et al v. Mitch Daniels et al, Lesley Stedman Weidenbener of the LJC reports today: The Indiana Court of Appeals yesterday reinstated a case...

Ind. Decisions - Transfer list for week ending May 2, 2008

Posted on May 02, 2008
Here is the Indiana Supreme Court's transfer list for the week ending May 2, 2008. There are a number of transfers on the list this week. Three were summarized in this ILB entry from April 25th. Five were summarized in...

Ind. Courts - More on: Judge John T. Sharpnack will retire from the Indiana Court of Appeals on Friday

Posted on May 02, 2008
Watch Judge Sharpnack's retirement ceremony live this afternoon. Click on the button under the photo, at 3:00 PM....

Ind. Decisions - Court of Appeals revives suit challenging state's school finance system

Posted on May 02, 2008
For publication opinions today (1): In Joseph Bonner et al v. Mitch Daniels et al, a 40-page, 2-1 opinion, Judge Riley writes:Appellants-Plaintiffs, Philip-Anthony Bonner, a minor, by his parents and next friends, Joseph and LaTanya Bonner, et al., On Behalf...

Ind. Courts - "Ex-attorney denied bond"

Posted on May 02, 2008
Updating this ILB entry from April 16th on attorney Michael Haughee's request to bond out to pursue his appeal, the Gary Post-Tribune reports today:VALPARAISO -- Former Lake County prosecutor, Hebron councilman and attorney Michael B. Haughee will not be released...

Environment - "Union Co. planners pull together CAFO info"

Posted on May 02, 2008
Pam Tharp of the Richmond Palladium-Item has a story today on plans of the Union County Area Plan Commission to meet soon to consider new ordinances for concentrated animal feeding operations. The story has much useful detail on issues to...

Environment - IDEM issues BP air construction permit

Posted on May 02, 2008
Gitte Laasby of the Gary Post-Tribune reports today:BP Whiting started construction on its $3.8 billion expansion Thursday after the Indiana Department of Environmental Management issued an air permit construction approval to the refinery. "The permit enabled us to proceed with...

Environment - Mary Gade, regional administrator of U.S. EPA Region 5, resigns

Posted on May 02, 2008
Michael Hawthorne of the Chicago Tribune reports today in a lengthy story with the headline "EPA official ousted while fighting Dow." Some quotes:SAGINAW, Mich. - The battle over dioxin contamination in this economically stressed region had been raging for years...

Ind. Courts - "Should drug-addicted pregnant women be criminalized?"

Posted on May 01, 2008
Angela Mapes Turner of the Fort Wayne Journal Gazette had a lengthy story last Sunday, April 27th, headed: "Pregnant addicts blur crime debate: Authorities waver on punishment for neglect, abuse." Some quotes from the thoughtful report:In December 2006, police say,...

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

Posted on May 01, 2008
For publication opinions today (1): Jeffrey Buckley v. State of Indiana - "Jeffrey Buckley appeals his conviction of Carrying a Handgun Without a License,1 as a class C felony. The sole issue presented on appeal is whether the trial court...

Ind. Courts - Judge John T. Sharpnack will retire from the Indiana Court of Appeals on Friday

Posted on May 01, 2008
From a press release today:Judge John T. Sharpnack will retire from the Indiana Court of Appeals in a ceremony in the Supreme Court courtroom at 3:00 p.m. on Friday, May 2, 2008. Chief Judge John G. Baker will preside. Judge...

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