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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. Decisions - "Court: OK to use seized evidence in murder trial"

Posted on September 25, 2008
The Indianapolis Star has a brief story today on yesterday's COA decision in the case of Kenneth Allen v. State of Indiana (see ILB summary here - 2nd case):The Indiana Court of Appeals on Wednesday upheld a ruling allowing prosecutors...

Ind. Decisions - "Ruling in Plainfield's case considered key for Indiana communities with similar rules"

Posted on September 25, 2008
The COA decision yesterday in the case of John Doe v. Town of Plainfield, Indiana (see ILB summary here) is a front-page story today in the Indianapolis Star. Bruce C. Smith reports in a story that begins:Plainfield won a key...

Ind. Courts - "New Albany attorney sentenced to year in prison for sexual battery"

Posted on September 25, 2008
Matt Thacker of the New Albany News & Tribune reports in a lengthy story that begins:A New Albany attorney was sentenced to one year in prison after a Harrison County judge threw out his plea agreement and accused him of...

Ind. Decisions - Court of Appeals issues 1 today (and 8 NFP); Tax Court issues one

Posted on September 25, 2008
For publication opinions today (1): In Emma Smith v. Gary Public Transportation Corp. , a 7-page opinion, Judge Barnes writes:Smith raises several issues. However, we address one dispostive issue, which we restate as whether the trial court properly granted GPTC?s...

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Law - "Authentic Legal Information in the Digital Age"

Posted on September 24, 2008
The American Association of Law Libraries has a long and very useful online resource collecting together many articles, including a number of mine, on the question: "Are government-hosted legal resources on the Web official and capable of being considered authentic?"...

Ind. Decisions - Court of Appeals issues 5 today (and 7 NFP)

Posted on September 24, 2008
Five "for publication" opinions today, including one holding constitutional an ordinance banning registered sex offenders from Plainfield's park: In John Doe v. Town of Plainfield, Indiana , a 20-page opinion, Judge Robb writes:The Town of Plainfield, Indiana (?Plainfield?), enacted Ordinance...

Ind. Courts - "Ex-official is again a wanted man"

Posted on September 24, 2008
Bob Kasarda reports today in the NWI Times in a story that begins:VALPARAISO | Just a few weeks after spending six months behind bars for sexual assault, former Hebron official and former Lake County Deputy Prosecutor Michael Haughee is once...

Law - "Wine Lovers See Red Over State Laws That Restrict Home Delivery of Bottles"

Posted on September 24, 2008
"Wine Lovers See Red Over State Laws That Restrict Home Delivery of Bottles" is the headline to this story by David Kesmodel in today's Wall Street Journal (it is unclear to me whether the link will allow public access or...

Law - Brush up on your election law knowledge

Posted on September 24, 2008
The ABA has a website designed both for the public and for attorneys. The main page provides information for voters. There are also resources for trial judges, including an Election Law Manual and Video Lectures. For Indiana-specific information, this link...

Ind. Courts - "Review and Public Hearing of Proposed Reentry Court Rules"

Posted on September 24, 2008
The Problem-Solving Courts Committee of the Judicial Conference of Indiana has written proposed Reentry Court Rules and will submit these Rules to the Board of Directors of the Judicial Conference for adoption under IC 33-23-14 following a public comment period...

Environment - "EPA Needs More Information and a Clearly Defined Strategy to Protect Air and Water Quality from Pollutants of Concern"

Posted on September 24, 2008
That is the title to a just published, 85-page report of the U.S. Government Accountability Office. Here is the summary of what GAO found:Because no federal agency collects consistent, reliable data on CAFOs, GAO could not determine the trends in...

Ind. Gov't. - Medicaid rulemaking proposal draws criticism from elder law attorneys

Posted on September 24, 2008
Here is the proposed rule. The Indiana FSSA posted a "Notice of Intent' to adopt a rule on 4/30/08. As its title indicates, the notice is just that, it does not spell out the specifics. The FSSA posted the text...

Courts - New term of SCOTUS begins October 6th

Posted on September 24, 2008
Marcia Coyle of The National Law Journal reports today under the headlne "In the New Term, High Stakes for the High Court ." The long story begins:Following a blockbuster term involving guns, Guantanamo Bay and the death penalty, the U.S....

Ind. Decisions - Court grants transfer in two cases

Posted on September 23, 2008
The formal transfer list likely won't follow until next Monday, Sept. 29th, but the ILB has received advance notice of two cases granted transfer: George Jackson v. State was granted transfer today, Sept. 23rd. Here is the ILB summary of...

Environment - More on "Ban Near on Diverting Water From Great Lakes"

Posted on September 23, 2008
Gitte Laasby of the Gary Post-Tribune has just reported:The Great Lakes Compact just passed the U.S. House of Representatives by a 390-25 vote. The Senate has already passed the Compact. This means the historic compact to prevent the diversion of...

Ind. Decisions - Court of Appeals issues 3 today (and 7 NFP)

Posted on September 23, 2008
For publication opinions today (3): In Roy Beatty and Vanda Beatty v. Liberty Mutual Insurance Group, et al , a 15-page opinion, Judge Najam writes:[W]e consider only the question of whether the Beattys can maintain this action in the Marion...

Environment - "Ban Near on Diverting Water From Great Lakes"

Posted on September 23, 2008
So reports Susan Saulny of the NY Times today in a story that begins:The House began debate Monday on a sweeping bill that would ban almost any diversion of water from the Great Lakes? natural basin to places outside the...

Courts - Judge Tosses Gambling Attorney's $20 Million Lawsuit Against Casinos

Posted on September 23, 2008
Somewhat reminiscent of this ILB entry from Sept. 19th, Wayne Perry of the AP reports today in a story that begins:A federal judge has dismissed a $20 million racketeering lawsuit against seven casinos by a former New York City attorney...

Ind. Courts - Still more on: Two young attorneys in different parts of the state in court for drug/alcohol related charges

Posted on September 23, 2008
Updating this ILB entry from July 24th, the Indianapolis Star reports today:A former state attorney's trial in a fatal drunken driving crash has been delayed again, this time at the defense's request. Marion Superior Court Judge Grant Hawkins granted a...

Ind. Courts - Still more on "Geist lawyers backing out"

Posted on September 23, 2008
Updating this ILB entry from Sept. 19th, the Indianapolis Star reports today:Some Geist residents are now without legal representation in their battle to block Fishers' attempt to annex 2,200 homes near and along Geist Reservoir. Geist residents and their Krieg...

Ind. Courts - Gary Judge targets court costs

Posted on September 23, 2008
Lori Caldwell reports in the Gary Post-Tribune:To meet Mayor Rudy Clay's 20 percent budget reduction this year, [Gary City Court Judge Deidre Monroe] gave up money she'd set aside to repair the two dozen courtroom seats that are broken and...

Environment - Still more on: Kentucky judge orders state to rehear permit for coal-fired power plant

Posted on September 23, 2008
Updating this ILB entry from Sept. 3, 2007, reporting on "a decision on Aug. 6 by Judge Thomas Wingate that rejected the air-quality permit for the 1,500-megawatt Thoroughbred plant planned by Peabody Energy for Muhlenberg County," the Kentucky Court of...

Law - Text of Draft Proposal for Bailout Plan

Posted on September 22, 2008
Here, from the Sept. 20 NY Times, is the brief text of the proposed bailout legislation. Here is Sec. 8:Sec. 8. Review. Decisions by the Secretary pursuant to the authority of this Act are non-reviewable and committed to agency discretion,...

Ind. Courts - "Newspapers fight anonymous poster identity subpoenas"

Posted on September 22, 2008
This story from the Sept. 11th edition of The Indiana Publisher, published by the Hoosier State Press Association:Two Indiana newspapers are fighting subpoenas asking them to reveal the identities of anonymous posters to Web forums hosted by the newspapers...

Ind. Decisions - Court of Appeals issues 3 today (and 3 NFP)

Posted on September 22, 2008
For publication opinions today (3): In Midwest Biohazard Svcs. LLC v. Hugh H. Rodgers, et al. , an 8-page opinion, Judge Riley concludes:Here, the trial court relied solely upon the dismissal of Biohazard?s claim seeking to foreclose upon a mechanic?s...

Ind. Law - Former U.S. Senator Birch Bayh to lecture in Bloomington on the importance of church and state separation

Posted on September 22, 2008
From the press release:Former U.S. Senator Birch Bayh will return to his alma mater on Thursday, Sept. 25, to present a lecture on the importance of church and state separation. Bayh, JD'60, will give a public talk from 3:30 p.m....

Ind. Courts - "St. Joseph County losing money on jurors they send home"

Posted on September 22, 2008
From a lengthy story Sunday in the South Bend Tribune, Pablo Ros' report begins:At least 700 county residents have been called this year to show up for jury trials that were canceled at the last minute. As a result, St....

Ind. Courts - Former Clerk to Chief Judge Baker joins Indy firm

Posted on September 22, 2008
Tiffany Stochel of the Indianapolis Star reports today in a story that begins:The law firm of Bose McKinney & Evans LLP is pleased to announce that Kellie M. Johnson has joined the firm as an associate in the Litigation and...

Ind. Decisions - Transfer list for week ending Sept. 19, 2008

Posted on September 22, 2008
Here is the just issued transfer list for the week ending Sept. 19, 2008. It is 5 pages long. Three transfers were granted last week. They are discussed in this ILB entry from Saturday. Over 4.5 years of Transfer Lists:...

Law - More on: Text of Draft Proposal for Bailout Plan

Posted on September 22, 2008
Updating this ILB entry from earlier this morning: "Dodd, Democrats Question Lack of Court Access in Rescue Plan ," a report by Greg Stohr in Bloomberg News, reviews the legal issues, noting: "Judicial bypass provisions are common in statutes and...

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