Courts

Lawyer says juror might have stolen opioid evidence at trial

July 28, 2017
 Associated Press
An Ohio defense attorney says at least one juror may have stolen oxycodone pills during a drug trial.
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COA: Continued placement with foster parents not in children’s best interests

July 28, 2017
Olivia Covington
Three Miami County children will not be returned to their previous foster parents after the Indiana Court of Appeals found Friday the trial court correctly determined the foster mother had become obsessed with the notion that the children were molested, making continued placement with her not in the children’s best interests.
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'Incredible shrinking airline seat' gets US court rebuke

July 28, 2017
 Bloomberg News
Aviation regulators were ordered by a federal appeals court on Friday to consider setting minimum standards for the space airlines give passengers as carriers have steadily shrunk the width of seats and the distance between rows.
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Indianapolis man accused of killing officer after car crash

July 28, 2017
 Associated Press
Police arrested a 28-year-old man accused of gunning down an officer who was trying to help him and someone else after their car overturned and came to rest in a front yard along a busy Indianapolis street.
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Man sentenced for punching officer at Elizabeth Smart event

July 28, 2017
 Associated Press
An 80-year-old man convicted of battery for punching a police officer who stopped him from approaching kidnapping survivor Elizabeth Smart with a knife at an Indiana book signing has been sentenced to 12 years in prison.
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DOJ files brief in Title VII sexual orientation case

July 27, 2017
Marilyn Odendahl
The U.S. Department of Justice is adding its voice to the latest Title VII dispute, echoing 7th Circuit Court of Appeals Judge Diane Sykes that Congress, not the courts, should determine whether civil rights’ prohibitions against discrimination extend to sexual orientation.
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Ex-farm employee’s agricultural work precludes workers’ comp benefits

July 27, 2017
Olivia Covington
A former employee of an Indiana farm was not entitled to workers’ compensation benefits after an on-the-job injury because the “whole character” of his work was agricultural in nature, thus exempting him under the Worker’s Compensation Act, the Indiana Court of Appeals held Thursday.
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Appellate court affirms ruling for landowner denied easement use

July 27, 2017
Dave Stafford
The Indiana Court of Appeals affirmed a ruling Thursday in favor of a Steuben County landowner who claimed he was wrongly denied access and use of a recorded easement.
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COA to determine jurisdiction of fire departments’ annexation, taxation dispute

July 27, 2017
Olivia Covington
The jurisdictional fate of an annexation and taxation dispute involving the Allen County auditor and two Fort Wayne-area fire departments now rests with the Indiana Court of Appeals, which must decide whether the facts of the dispute lend the case to review by the trial court or Tax Court.
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Advocate: 2 pardoned brothers steered into financial straits by lawyers

July 27, 2017
 Associated Press
When two wrongfully imprisoned brothers were pardoned after 30 years behind bars, they stood to collect hundreds of thousands of dollars in compensation. Now a federal judge is considering whether too much of their payout is being siphoned away by legal fees and high-interest loans.
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Summary judgment for Lake County affirmed in age discrimination case

July 26, 2017
Olivia Covington
A group of retired Lake County employees who were fired from part-time, at-will work in order to preserve the county’s financial and health insurance situation cannot succeed on their age discrimination claim against the county because the employees’ age was not the predicate factor in their firing, the 7th Circuit Court of Appeals has ruled.
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US Supreme Court review highlights decisions that raise more questions

July 26, 2017
Marilyn Odendahl
During a panel discussion on the U.S. Supreme Court’s most recent term, retired Indiana Chief Justice Randall Shepard advised civil attorneys not to ignore the justices’ ruling in a criminal matter.
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Man injured in Hendricks County semi-truck accident wins $18.5M verdict

July 26, 2017
Jennifer Nelson
A 46-year old man severely injured in a crash with a semi-truck on I-74 in Hendricks County in 2013 was awarded $18.5 million by a jury last week.
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Jury rules against ex-WellPoint VP in suit over firing

July 26, 2017
Dave Stafford
A Marion County jury deliberated less than an hour before finding for the defense in former WellPoint Vice President Dr. Randall C. Axelrod’s long-running lawsuit alleging he was wrongly fired after testifying in a case concerning pharmaceutical pricing.
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Indianapolis boy, 15, charged with murder in triple-slaying

July 26, 2017
 Associated Press
Prosecutors have charged a 15-year-old Indianapolis boy with murder in the fatal shootings of three men.
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COA rules against mother who used religious exemption to not vaccinate child

July 26, 2017
Olivia Covington
An Indiana trial court abused its discretion in denying a father’s petitions to modify custody of his child and to hold the child’s mother in contempt of a paternity decree, the Indiana Court of Appeals ruled, finding the mother intentionally circumvented the terms of the decree that required her to vaccinate their child once the girl went to school.
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Indiana joins states in urging US Supreme Court to overturn gun ruling

July 26, 2017
 Associated Press
West Virginia Attorney General Patrick Morrisey, joined by Indiana and three other states, has asked the U.S. Supreme Court to overturn an appeals court ruling they say infringes on gun rights.
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Indiana county pays ex-inmates $1.23M in mistreatment case

July 26, 2017
 Associated Press
A southern Indiana county has paid a $1.23 million settlement to former inmates who say they were mistreated at a county jail in Indiana.
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Man faces prison for hurling chairs at judge, court staff

July 26, 2017
 Associated Press
A man could be sentenced to six years in prison for hurling chairs at a judge and courtroom staff in central Indiana.
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7th Circuit affirms dismissal of state-law claims against Carmel

July 26, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the dismissal of a series of state-law complaints brought against the city of Carmel regarding the city’s traffic ordinance.
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Damages in DCS abuse cases piling up

July 26, 2017
Dave Stafford
Indiana officials expect to settle a federal damages lawsuit in a second case where a court has found a Department of Child Services case manager violated the constitutional rights of a parent.
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Lake County Bar Association forms amicus committee

July 26, 2017
Marilyn Odendahl
The Lake County Bar Association has formed an amicus committee to write briefs in precedent-setting cases.
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Vaidik/Diaz-Bonilla: Let's talk about motion hearings

July 26, 2017
Most attorneys come to a hearing ready to lecture at the judge with a set agenda while judges crave a hearing full of clarifying conversation with the advocate clearing up any confusion.
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Federal inmates sentenced to mandatory minimums dips

July 25, 2017
IL Staff
The push beginning in 2010 by Congress and the U.S. Department of Justice to reform sentencing is being linked to a downturn in the number of federal inmates convicted of a crime that carries a mandatory minimum penalty.
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COA affirms admission of 911 recording into evidence

July 25, 2017
Olivia Covington
The Indiana Court of Appeals affirmed Tuesday a woman’s conviction of misdemeanor criminal recklessness for firing a gun during an argument after the court determined the admission of a 911 call recorded during the incident was not an abuse of discretion.
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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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