Courts

Jury selection begins in high-profile Saints star's death

December 5, 2016
 Associated Press
Conflicts settled by gunfire are tragically common in New Orleans, but there was nothing routine about this one: The dead man was retired football player Will Smith, a star on the 2006 Saints team who helped lift the stricken city's spirits with a winning season after Hurricane Katrina, and played with the team when it won the franchise's only Super Bowl three seasons later. Jury selection begins Monday in the trial of the man accused in his killing after a road-rage incident.
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2 Indiana men sentenced to prison for biodiesels fraud

December 5, 2016
 Associated Press
Two Indiana men have been sentenced to prison for their roles in what federal authorities say was a multi-million dollar fraud scheme involving biofuels.
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Judge: Disabled housing discrimination suit may proceed

December 2, 2016
IL Staff
An Indianapolis subsidized senior-citizens housing facility must face a lawsuit from disabled tenants who claim the three-story apartment building failed to repair its only elevator for weeks, leaving them unable to get to apartments on the top two stories and leaving some disabled tenants stranded upstairs.
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Hartford City sex offender ordinance unconstitutionally vague

December 2, 2016
IL Staff
A 2008 Hartford City ordinance that restricted registered sex offenders from entering or loitering within 300 feet of broadly defined “child safety zones” is unconstitutionally vague, a federal judge has ruled.
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Bankruptcy judge announces retirement

December 2, 2016
IL Staff
A former chief judge of the United States Bankruptcy Court for the Southern District of Indiana has announced his retirement.
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COA affirms dismissal of case due to res judicata

December 2, 2016
Olivia Covington
Res judicata prevents a title insurance company from taking a “second bite” at the apple, the Indiana Court of Appeals ruled Friday, in a case in which the company appealed dismissal of its second attempt to challenge an action by the Indiana Department of Insurance.
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Former CIB chiefs try to avoid entanglement in legal fight involving Pacers

December 2, 2016
Anthony Schoettle, IBJ Staff
Three former presidents of the city’s Capital Improvement Board—Pat Early, Bob Grand and Ann Lathrop—are fighting an effort by attorneys for the IRS to depose them about what they learned about the Indiana Pacers' finances during discussions with the team.
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Death threats and abuse for woman leading Brexit court fight

December 2, 2016
 Associated Press
Gina Miller is paying the price for going to court. The financial entrepreneur says she has received death threats and racial and sexual abuse since she won a High Court ruling forcing the British government to seek Parliamentary approval before leaving the European Union.
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Judge pro tem appointed in Henry County

December 1, 2016
IL Staff
The Indiana Supreme Court has appointed longtime Knightstown lawyer and judge E. Edward Dunsmore II to temporarily fill a judicial vacancy in Henry County.
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Justices consider conversion of felony to misdemeanor after plea agreement

December 1, 2016
Olivia Covington
The effect of legislative changes to state sentencing laws was at center in oral arguments before the Indiana Supreme Court Thursday.
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Mother’s suit alleging DCS caseworker abuses proceeds

December 1, 2016
Dave Stafford
An Indiana Department of Child Services case manager who allegedly pursued meritless child-abuse allegations against an Indianapolis mother must face a federal civil lawsuit, though her DCS supervisors will not, a judge has ruled.
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Jurors convict Indiana day care provider in toddler's death

December 1, 2016
 Associated Press
Jurors in northern Indiana have convicted a New Paris day care provider in the 2014 death of a 19-month-old boy in her care.
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Indiana Supreme Court considers general contractor’s duty of care to subcontractors

December 1, 2016
Olivia Covington
In oral arguments on a petition to transfer a case regarding a general contractor’s duty of care to its subcontractors, the justices of the Indiana Supreme Court considered the meaning of the phrase “monitor and implement.”
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Lawyer’s use of word ‘Negro’ prejudiced client, but doesn't get PCR

December 1, 2016
Dave Stafford
A defense attorney who has since been disbarred prejudiced his absent client when he referred to him as a “Negro” before potential jurors, a judge wrote, but the offending word wasn’t enough for the Court of Appeals to grant post-conviction relief.
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Justices consider transfer in chemical breath test case

December 1, 2016
Olivia Covington
Indiana’s rules regarding chemical breath tests can be read as a recipe, with each rule laid out for the process of testing someone’s blood alcohol content meant to be followed sequentially, said the attorney for a woman challenging her misdemeanor drunken-driving charges.
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Anthem’s Cigna takeover could draw $3B Blue Cross fine, exec testifies

December 1, 2016
 Bloomberg News
Anthem Inc. could face a penalty of about $3 billion from the national Blue Cross Blue Shield Association if it fails to derive the bulk of its nationwide revenue from Blue-branded products after acquiring Cigna Corp., according to testimony from an Anthem executive during a U.S. antitrust trial in Washington.
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Katie Couric moves to dismiss $13 million defamation lawsuit over 'Under the Gun'

December 1, 2016
 Bloomberg News
In court papers lodged Tuesday, Katie Couric contends that a gun rights group has read too much into pregnant silence in Under the Gun. She's now moved for dismissal of a $13 million lawsuit with the argument that eight seconds from the two-hour-long documentary are incapable of defamatory meaning.
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Allen County judge dismisses Fort Wayne tax suit for lack of jurisdiction

December 1, 2016
Olivia Covington
An Allen County judge has dismissed the city of Fort Wayne’s complaint against the county auditor’s allocations of taxes, writing that the case should be heard in the Indiana Tax Court, not a trial court.
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Full 7th Circuit hears LGBT-workplace bias appeal

November 30, 2016
 Associated Press
The 7th Circuit Court of Appeals has heard arguments en banc on whether the 1964 Civil Rights Act covers workplace discrimination against LGBT workers.
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Court affirms injunction preventing violations of non-compete clauses

November 30, 2016
Olivia Covington
After several employees from one civil engineering firm began soliciting employees from a competitor, the Indiana Court of Appeals held Wednesday that a trial court correctly issued a preliminary injunction to force the employees to comply with non-compete and non-solicitation clauses they had signed.
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US Supreme Court weighs bond hearings for detained immigrants

November 30, 2016
 Associated Press
A seemingly divided U.S. Supreme Court on Wednesday tried to figure out whether the government can detain immigrants indefinitely without providing hearings in which they could argue for their release.
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COA upholds summary judgment in workers’ comp case

November 30, 2016
Olivia Covington
Although he was hired to work on a specific project for a southern Indiana construction company, a worker who was injured on a construction job must seek damages through Indiana’s Worker’s Compensation Act because he was considered an “employee” of the company.
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COA: Indiana trial court has no personal jurisdiction over New York resident

November 30, 2016
Olivia Covington
An Indiana trial court cannot assume personal jurisdiction over a woman who lives in New York and has no ties to the Hoosier state, despite the fact that she is being sued by Indiana litigants.
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Indiana mother pleads not guilty in kids' fatal stabbing

November 30, 2016
 Associated Press
A central Indiana woman who admitted fatally stabbing her young son and daughter has pleaded not guilty to murder charges.
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2nd trial underway for woman charged with toddler's death

November 30, 2016
 Associated Press
A second trial is underway in northern Indiana for a day care provider charged with the death of a toddler in her care.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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