Courts

Tom Brady's 'Deflategate' appeal rejected by federal court

July 13, 2016
 Associated Press
Quarterback Tom Brady's last best chance to avoid serving a four-game "Deflategate" suspension to start the new season was flatly rejected Wednesday by an appeals court.
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Asylum seeker from Indiana wins reprieve

July 13, 2016
Dave Stafford
A Chinese national living in Indiana persuaded the 7th Circuit Court of Appeals he was wrongly denied asylum for his claim that he was severely beaten and left hospitalized for months after he vocally opposed state agents enforcing the country’s one-child policy.
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‘Unprecedented’ law blocked, Planned Parenthood takes aim again

July 13, 2016
Dave Stafford
After a federal judge on June 30 blocked a restrictive new Indiana abortion law from taking effect, Planned Parenthood of Indiana and Kentucky and the American Civil Liberties Union of Indiana vowed to take aim at other recent enactments that might infringe on the constitutional right. A week later, a fresh federal lawsuit targeted another Indiana abortion law passed this year.
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State's parenthood laws ruled unconstitutional

July 13, 2016
Marilyn Odendahl
Indiana’s married lesbian parents win the right to be listed on their child’s birth certificate.
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Lawyer invokes ADA in discipline case after crime

July 13, 2016
Dave Stafford
A northeastern Indiana lawyer who allegedly “terrified” a woman who rejected his romantic advances contends in his resulting attorney discipline case that he had an undiagnosed mental illness. Because of that, he argues that an Indiana Supreme Court sanction against his license to practice law would violate the Americans with Disabilities Act.
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Program helps ex-offenders steer clear of jail

July 13, 2016
Marilyn Odendahl
Pilot project in Marion County Reentry Court seeks to lift driver’s license suspensions.
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Inside the Criminal Case: The exclusionary rule is on a losing streak

July 13, 2016
James Bell, K. Michael Gaerte
The latest defeat for the exclusionary rule came in the case of Utah v. Strieff.
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Blagojevich resentencing: Judge to mull opposing portraits

July 12, 2016
 Associated Press
Federal prosecutors are asking a judge to order former Illinois Gov. Rod Blagojevich to serve his entire 14-year prison term when he returns to court for resentencing next month. But his attorneys want about nine years lopped off the sentence of the man they say has been a model prisoner who's tutored, taught and counseled fellow inmates while also forming an Elvis-inspired rock band.
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Clinton lawyer: More questions about email server 'futile'

July 12, 2016
 Associated Press
Hillary Clinton's lawyer said in a court filing Tuesday it would be "futile" for a federal judge to order the former secretary of state to answer questions under oath about her use of a private email server.
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Judge tosses murder charge against man jailed 22 years

July 12, 2016
 Associated Press
A New Jersey man who served 22 years behind bars before his murder conviction was overturned has been freed from prison.
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Brutal Indy home invasion leader gets sentence tweak

July 12, 2016
Dave Stafford
The alleged ringleader of six men who brutalized, shot and sexually assaulted three north side Indianapolis residents in their home will still likely spend the rest of his life behind bars after the Indiana Court of Appeals modestly reduced his sentence Tuesday.
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Power of attorney may trump guardianship order

July 12, 2016
Marilyn Odendahl
An elaborate court ruling that sought to bring family harmony by appointing each of six siblings as co-guardians over a specific area of their elderly mother’s life may have hit a sour note because of a 12-year-old power of attorney which remains valid.
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Justices adopt COA opinion, affirm intimidation conviction

July 12, 2016
Dave Stafford
The Indiana Supreme Court on Tuesday affirmed the intimidation conviction of a man who threatened to kill his sister’s landlord if she returned to the Indianapolis apartment.
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Official to plead guilty to tax assessment shakedown

July 12, 2016
 Associated Press
A northwest Indiana assessor's office employee will plead guilty to allegedly shaking down businesses in exchange for reducing their tax assessments.
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Illinois detectives investigate Indiana killer in 1986 murder

July 12, 2016
 Associated Press
An Indiana man serving a life sentence for the abduction and murder of an eastern Illinois girl over two decades ago has been identified as a suspect in the strangulation of a woman found in 1986 outside a southwestern Illinois town.
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Judge gives Richmond man 76 years for kidnapping wife

July 12, 2016
 Associated Press
A Richmond man has been sentenced to 76 years in prison for kidnapping his estranged wife two years ago.
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Man accused of threatening police before South Bend rally

July 11, 2016
Dave Stafford
Local and federal authorities in South Bend are seeking pre-trial detention of a man accused of making violent Facebook threats aimed at police before a peaceful Black Lives Matter rally that took place Saturday.
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Senior judge named to replace Willis on bench

July 11, 2016
IL Staff
It’s a bit of musical chairs in Henry Circuit Court to fill the vacancy Judge Mary G. Willis will create when she leaves July 22 to become the Indiana Supreme Court’s new chief administrative officer.
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Facebook sued for $1B for alleged use of medium for terror

July 11, 2016
 Bloomberg News
Lawyers filed a $1 billion lawsuit against Facebook Inc., alleging it allowed the Palestinian militant Hamas group to use the platform to plot attacks that killed four Americans and wounded one in Israel, the West Bank and Jerusalem.
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NCAA, ACC face head-injury suit from former UNC football player

July 11, 2016
A former University of North Carolina football player has sued the Atlantic Coast Conference and the NCAA in federal court in Indianapolis, claiming his life changed after hits he took in practice and on the field caused concussions.
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Pacers’ legal tenacity on display in IRS fight

July 11, 2016
Greg Andrews, IBJ Staff
The legal fallout stemming from Melvin Simon’s decision to unload his half of the Indiana Pacers to his brother Herb just a few months before his September 2009 death is getting crazier by the day.
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Indiana man on death row for 4 killings runs out of appeals

July 11, 2016
 Associated Press
A Fort Wayne man who's been on death row since 1999 for killing his brother and three other men has exhausted his appeals.
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Woman charged with trying to hire hit man to kill husband

July 11, 2016
 Associated Press
A Gas City woman has been arrested after authorities say she tried to hire a hit man to kill her husband.
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Indiana councilman seeks federal probe in man’s jail death

July 11, 2016
 Associated Press
A Lake County councilman in is calling for a federal investigation into the death of a man at the county jail who had been arrested for speeding.
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7th Circuit tosses legal fees suit arising from bankruptcy case

July 8, 2016
Dave Stafford
An unsecured creditor’s lawsuit against two law firms over legal fees collected for services provided to a bankrupt Fort Wayne company’s estate should not have proceeded, the 7th Circuit Court of Appeals ruled Friday.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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