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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 - More on the sealing of records in the Clerk of the Courts Office

Posted on April 02, 2008
The ILB has posted a number of entries on sealed cases. A good wrap-up is provided by this ILB entry from July 12, 2007. A very big concern is that when an entire case is sealed, the case must least...

Courts - New York judges may sue for raises

Posted on April 02, 2008
Joel Stashenko of the New York Law Journal reports today:As the New York Legislature prepared to begin passing the 10th consecutive budget that does not contain a pay raise for judges, Chief Judge Judith S. Kaye's attorney on Monday outlined...

Ind. Decisions - "High Court Upholds Life Sentence In Child's Torture, Murder"

Posted on April 01, 2008
Channel 6 News, Indianapolis, reports this afternoon on the Supreme Court's decision earlier today in the case of Michelle Gauvin v. State, summarized here in the ILB....

Courts - Do state courts flout Supreme Court precedent?

Posted on April 01, 2008
An article in the March 2008 issue of Cornell Law Review, authored by Frederic M. Bloom, Assistant Professor of Law, Saint Louis University, and titled "State Courts Unbound", begins:State courts live by simple rules. One rule holds that state...

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Ind. Courts - More on: "Landowner calls move by pipeline company as intimidation"

Posted on April 01, 2008
Jason Thomas reports this afternoon in the Indianapolis Star that:An interstate pipeline company has reached an agreement with a group of landowners that were the target of a federal lawsuit filed by the pipeline last month to gain immediate access...

Ind. Decisions - Supreme Court issues a third opinion today

Posted on April 01, 2008
In Theron W. Hunter v. State, a 7-page, 4-1 opinion, in a case argued Nov. 15, 2007, Justice Dickson writes:The determinative issue in this case is whether there was sufficient evidence to support the revocation of the defendant's probation for...

Ind. Decisions - Court of Appeals issues 1 today (and 7 NFP)

Posted on April 01, 2008
For publication opinions today (1): In Michael R. Craig v. State of Indiana, an 11-page opinion, Judge Barnes concludes:The trial court erroneously denied Craig?s motion to withdraw his guilty plea because the double enhancement was improper based on Mills...

Ind. Decisions - Supreme Court decides two today

Posted on April 01, 2008
In Michelle Gauvin v. State of Indiana, an 11-page, 4-1 opinion, in a case argued Nov. 14, 2007, Chief Justice Shepard writes:Appellant Michelle Gauvin pled guilty to the confinement, neglect, and murder of her four-year-old stepdaughter. The trial court imposed...

Ind. Decisions - More on "McManus returns to death row: State reverses ruling"

Posted on April 01, 2008
The ILB has a long list of entries on Paul M. McManus. The most recent quoted from this June 28, 2007 story by Bryan Corbin of the Evansville Courier & Press that began:An Evansville man convicted of killing his wife...

About this blog - 5th birthday of ILB; new supporter signs on

Posted on April 01, 2008
5th Birthday. The Indiana Law Blog had its 5th Birthday on March 16th. To see the first entry you'd have to go back to March 2003 on the Old Blog Site. Starting on January 29, 2004, the ILB moved to...

Ind. Decisions - Court of Appeals issues 4 today (and 19 NFP)

Posted on March 31, 2008
For publication opinions today (4): In Sally Gibbs, et al v. Jack David Kashak, et al , a 9-page opinion, Judge May writes:Sally Gibbs and Jack David Kashak are siblings and the beneficiaries of their parents? trusts. Jack served as...

Law - "Foreclosure Machine Thrives on Woes"

Posted on March 31, 2008
The NY Times had a very long, front-page article Sunday explaining how mortgage servicers and law firms specializing in default have been profiting from the mrotgage crisis. Some quotes:NOBODY wins when a home enters foreclosure ? neither the borrower, who...

Ind. Courts - "Vanderburgh Superior Court gets video arraignment system"

Posted on March 31, 2008
Kate Braser of the Evansville Courier & Press reports today:Within a couple of weeks, some inmates facing charges in Vanderburgh Superior Court won't have to leave the jail for all court proceedings. That's because courtroom 126A at the county courthouse...

Ind. Decisions - Upcoming oral arguments this week

Posted on March 31, 2008
Ind. Decisions - Upcoming oral arguments this week This week's oral arguments before the Supreme Court: None scheduled This week's oral arguments before the Court of Appeals This Monday, March 31st: 12:30 PM - State of Indiana vs. Anthony Pollard...

Ind. Courts - More on "Vanderburgh court records move to the Web"

Posted on March 30, 2008
On March 16th the ILB quoted from an Evansville Courier & Press story that began:After years of planning, Vanderburgh County officials have approved a deal that will make court records available to the public on the Internet. The records should...

Ind. Decisions - "A madman had his day in court yesterday"

Posted on March 30, 2008
That is the lede to this comment on The Atlantic site about the oral arguments before the SCOTUS March 26th in the case of Indiana v. Edwards/Ahmad Edwards v. State - for background see this ILB entry. The Atlantic's commentary...

Ind. Courts - "Landowner calls move by pipeline company as intimidation"

Posted on March 29, 2008
The ILB has an entry dated June 19, 2006 quoting from a story in the Martinsville Reporter-Times of that date that began: "The path of the proposed Rockies Express Pipeline through Morgan County would cut through the site of a...

Ind. Courts - "Muncie judge calls it quits"

Posted on March 28, 2008
Rick Yencer and Nick Werner of the Muncie Star-Press report today:Judge Wayne Lennington has resigned from the Delaware Circuit Court 5 bench, effective May 15, in the wake of a probe by a state commission that oversees judicial conduct, and...

Ind. Gov't. - Even more on "Storm Water Board resigns: Council criticized no-bid contract"

Posted on March 28, 2008
Updating this ILB entry from Dec. 4, 2007, Dick Kaukas of the Louisville Courier Journal reports today in a story that begins:A lawsuit filed by the New Albany City Council challenging two contracts awarded last year without competitive bidding has...

Ind. Law- 2008 US News Law School Rankings now available

Posted on March 28, 2008
Here is a comparative ranking of the four Indiana law schools. IU-Bloomington, #36; IU-Indianapolis, #68; Notre Dame, #22; Valparaiso, Tier 4 (where schools are listed alphabetically). Last year's rankings: IU-Bloomington, #36; IU-Indianapolis, #85; Notre Dame, #28; Valparaiso, Tier 4 (where...

Ind. Decisions - Transfer list for week ending March 28, 2008

Posted on March 28, 2008
Here is the Indiana Supreme Court's transfer list for the week ending March 28, 2008. (Note that there are 6 pages to the list this week.) There were 7 transfers granted this week, [DETAILS TO FOLLOW LATER] Over four years...

Ind. Courts - More on Allen County courthouse-wide cell phone ban

Posted on March 28, 2008
Allen County was the first to ban cellphones in the courthouse. A story from June 15, 2007 Fort Wayne Journal Gazette began:It?s been almost six months since Allen County banned cell phones, cameras, iPods and nearly all other electronic devices...

Ind. Decisions - Court of Appeals issues 0 today (and 10 NFP)

Posted on March 28, 2008
For publication opinions today (0): NFP civil opinions today (2): Caroletta H. and Stephen T. v. Howard County Department of Child Services (NFP) - "In sum, we conclude that the alleged procedural irregularities in the underlying CHINS proceedings did not...

Ind. Courts - Still more on: David Camm appeal brief filed with the Supreme Court

Posted on March 27, 2008
Updating this ILB entry from Feb. 13th reporting that both the appeal brief and the response had been filed with the Supreme Court, a brief item this evening from Louisville WAVE 3 News reports:WAVE 3 News has learned there are...

Ind. Decisions - Another case granted transfer since the last list was posted

Posted on March 27, 2008
Although there was no transfer list issued last week, the ILB has just received a notice of transfer granted by the Supreme Court today. Here is the ILB summary of the COA opinion from Dec. 11, 2007:Debra A. Barnett v....

Ind. Decisions - Federal court dismisses employee suit against Indianapolis Star

Posted on March 27, 2008
Interesting reading for those of you interested in the inner-workings of the Star, this case has been pending for several years, but the ILB cannot find that it has posted previous entries on it, although it has heard a...

Law - "Loan repayment assistance programs progress"

Posted on March 27, 2008
From a February article in the ABA's "Your ABA":The House of Representatives passed its version of the Higher Education Act on Feb. 7, which includes two critical programs designed to ease the burden of student loan debt for prosecutors, public...

Ind. Decisions - Court of Appeals issues 1 today (and 3 NFP), including an appeal lost in the Clerk's office for two years

Posted on March 27, 2008
For publication opinions today (1): In Karen Berry Williams v. State of Indiana, a 9-page opinion, Chief Judge Baker writes:Appellant-defendant Karen R. Berry Williams appeals the revocation of her probation, claiming that the trial court?s failure to advise her that...

Ind. Decisions - Supreme Court rules on restitution and ability to pay

Posted on March 27, 2008
In Jeffrey Pearson v. State of Indiana, a 6-page, 5-0 opinion, Justice Rucker writes:When a trial court orders restitution either as a condition of probation or as a condition of a suspended sentence, it is required to inquire into the...

Ind. Decisions - One Indiana decision today from 7th Circuit

Posted on March 27, 2008
In U.S. v. Price (ND Ind., Judge Simon), a 16-page opinion, Judge Wood writes:When Officer Terry Smith of the Gary, Indiana, police department responded to a call on June 28, 2003, about fires that people were setting in alleys...

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