Courts

Woman’s self-improvement efforts not enough to change sentence

March 10, 2016
Scott Roberts
The Indiana Court of Appeals upheld a woman’s 36-month sentence for theft after it found the self-improvements she made were not enough to justify a lesser sentence.
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Bad publicity not enough to justify preliminary injunction

March 10, 2016
Scott Roberts
The Indiana Court of Appeals denied a doctor’s motion for preliminary injunction after it found he did not present enough evidence to justify it because he did not let the disciplinary process at his hospital play out.
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Denial of jury instruction was correct, COA rules

March 10, 2016
Scott Roberts
The Indiana Court of Appeals said a trial court was right in denying a man’s jury instruction that would have applied mens rea to every element of aggravated battery, saying the severity of an injury is not an element of prohibited conduct, but a result of it.
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Failing to deliver car titles brings lawsuits from attorney general

March 10, 2016
Marilyn Odendahl
Four out-of-business auto dealerships and their owners are the target of lawsuits filed by the Indiana attorney general for violating the state’s Deceptive Consumer Sales Act.
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Not guilty pleas entered for Gary man in 5 women's slayings

March 10, 2016
 Associated Press
A magistrate has entered not guilty pleas to five new murder charges filed against an Indiana man who has confessed to killing seven women.
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Jury selection scheduled in killing of Gary police officer

March 10, 2016
 Associated Press
Jury selection has been scheduled to begin in January in the trial of a man accused of killing of a Gary police officer.
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ADEA does not apply to company who fired 61-year-old employee

March 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed summary judgment for New Holland Logansport in a wrongful termination suit after it found the company did not meet the definition of employer under the Age Discrimination in Employment Act.
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7th Circuit: Plea agreement not breached by government

March 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals said the government did not breach its plea agreement with a defendant by introducing more victims than were mentioned in the agreement and therefore dismissed his appeal.
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Man has to pay back money despite court errors

March 9, 2016
The Indiana Court of Appeals ruled a man must pay back $19,486 he stole from another man despite court errors and the fact that the 10-year statute of limitations had expired.
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Senator: Jordan withdraws name for Supreme Court

March 9, 2016
 Associated Press
A federal appeals court judge who could have become the U.S. Supreme Court's first Cuban-American justice has withdrawn his name from consideration, a Democratic senator said Wednesday.
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Clinton emails: GOP sues, senators press attorney general

March 9, 2016
 Associated Press
Republican senators pressed for more information Wednesday about an FBI investigation into the potential mishandling of sensitive information that passed through former Secretary of State Hillary Clinton's private email server, and their party sued for copies of the messages.
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COA denies expungement after man admitted to committing crime

March 9, 2016
Scott Roberts
The fact that a man admitted to committing a crime was enough to deny expungement of his records, the Indiana Court of Appeals said, despite the fact he was not convicted of one during his expungement time period.
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Dickson’s final argument set for historic Corydon courtroom

March 9, 2016
IL Staff
In an event celebrating the state’s bicentennial, the Indiana Supreme Court announced Wednesday it will travel to Corydon on April 20 for an oral argument in the original Supreme Court Courtroom.
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7th Circuit: cousins conspired to sell heroin; another gets new trial

March 9, 2016
Scott Roberts
The 7th Circuit Court of Appeals said two cousins conspired to distribute heroin, despite the claim from the defendants they were running separate heroin businesses.
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Judge’s sentencing process does not violate due process

March 9, 2016
Scott Roberts
The United States 7th Circuit Court of Appeals ruled a judge’s process to sentence a man who pleaded guilty to possession of cocaine did not violate the Fifth Amendment Due Process Clause, and may even be a process to be emulated by other judges in the future.
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Hostetler, Kincaid, Slaughter picked as Indiana Supreme Court finalists

March 9, 2016
Dave Stafford
Two judges with extensive business litigation backgrounds and an Indianapolis appellate litigator were named finalists to succeed retiring Justice Brent Dickson on the Indiana Supreme Court.
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Willfulness test sets high bar for IP treble damages

March 9, 2016
Marilyn Odendahl
A patent infringement fight involving Indiana’s Zimmer Inc. has sparked a judicial debate over how much leeway District Court judges should have when deciding how intentional an infringer’s actions were.
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Indiana and other states choking on EPA’s new Clean Power Plan

March 9, 2016
Marilyn Odendahl
The Clean Power Plan, which seeks to reduce greenhouse gases by imposing caps on states regarding carbon dioxide emissions, has incited a backlash that began before the rule was even published in the Federal Register. A coalition of states, including Indiana, is seeking review of the plan in federal court, claiming the rule exceeds the Environmental Protection Agency's statutory authority.
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State appealing ruling in Syrian refugee lawsuit

March 8, 2016
IL Staff
The state of Indiana officially filed notice Tuesday that it intends to appeal the ruling by a federal judge last month that blocked Gov. Mike Pence’s order barring state agencies from helping Syrian refugees resettle in Indiana.
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Jury awards Erin Andrews $55M in lawsuit over nude video

March 8, 2016
 Associated Press
A jury awarded Erin Andrews $55 million in her lawsuit against a stalker who bought a hotel room next to her and secretly recorded a nude video, finding that the hotel companies and the stalker shared in the blame.
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Mother of severely malnourished twins reaches plea deal

March 8, 2016
 Associated Press
An Anderson woman who allowed her 2-year-old twins to become so malnourished they couldn't walk, crawl or talk has agreed to plead guilty to child neglect charges.
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E-filing underway in Shelby County

March 8, 2016
IL Staff
Shelby County joins Hamilton and Clark counties in the growing list of jurisdictions where electronic filing of court documents is now available, the Indiana Supreme Court announced Monday.
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Marion County Bar Association opposes judicial selection bill

March 8, 2016
Dave Stafford
Lawmakers are working to craft an 11th-hour agreement on how judges should be chosen in Marion County after they were unable to reach a compromise Monday. Meanwhile, Indianapolis’ historically black bar association called for direct election of judges instead of a proposed merit-selection system.
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COA: Anonymous tipster’s information enough for conviction

March 8, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction of unlawful possession of a firearm by a serious violent felon after it found an anonymous tipster’s information constituted reasonable suspicion.
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Bill giving longer sentences to drug dealers headed to governor

March 7, 2016
Marilyn Odendahl
A bill imposing mandatory minimum sentences for drug offenders has been approved by the Indiana Legislature and is expected to be signed by Gov. Mike Pence.
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  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

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