Oral Argument Preview: Week of May 4, 2009
what to do when your ex texts you you want to get back This week, the Indiana Court of Appeals will hear argument in four cases. At 1:30 p.m. on Tuesday, May 5, the Court will hear Dowdell v. City of Jeffersonville. The issue in this case is whether Jeffersonville can enforce an ordinance prohibiting all persons defined as sex offenders from ever having unrestricted access to the city’s parks. The argument will take place in the Indiana…
Read the full article >>Indiana Supreme Court: Sex Offender Registry Undergoes Ex Post Facto Scrutiny
On Thursday, April 30, the Indiana Supreme Court handed down two opinions addressing the constitutionality, under the ex post facto clause of the Indiana Constitution (article I, section 24), of Indiana’s Sex Offender Registration Act. The Act requires those convicted of sex and certain other offenses to register with law enforcement agencies and disclose personal information. In Wallace v. State, the Court held that the Act violated the prohibition on ex post facto laws when applied to those…
Read the full article >>Indiana Supreme Court: A.D.R. Rules Allow Sanctions Against Government; Insurer Has No Duty To Defend Absent Notice
On Tuesday, April 28, the Indiana Supreme Court issued two opinions. In Lake County Trust Company v. Advisory Plan Commission of Lake County, the Court addressed two issues tied to settling a dispute with a governmental entity: (1) whether governmental entities are immune from sanction under Indiana’s Alternative Dispute Resolution Rules; and (2) when a settlement agreement that calls for the governmental entity to take action becomes final and binding. This case began when the Plan Commission denied…
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