Courts

7th Circuit denies Brazilian man’s motion for emergency stay

March 31, 2017
Olivia Covington
The 7th Circuit Court of Appeals has denied a Brazilian businessman’s motion for an emergency stay while a suit against him is pending in Brazil, finding that the man has failed to provide sufficient information to show that the Brazilian and Indiana suits are duplicative.
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Divided COA reverses CHINS finding

March 30, 2017
Olivia Covington
A divided Indiana Court of Appeals has reversed a CHINS determination after finding the Department of Child Services failed to meet its burden of proof, though one judge believed the trial court was acting in the child’s best interests.
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COA: Trial court imposed restrictive standard for remonstrance petition

March 30, 2017
Olivia Covington
The Perry Circuit Court imposed too strict of a standard on a group of property owners when it denied their remonstrance petition because some of the signatures did not exactly match the signatures on tax duplicates, the Indiana Court of Appeals decided Thursday.
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Fired worker still entitled to temporary disability benefits

March 30, 2017
Olivia Covington
A worker who was injured on the job and was later fired for cause is still entitled to disability benefits, despite his misconduct, the Indiana Court of Appeals has ruled.
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No constitutional violations at man’s drug trial, COA rules

March 30, 2017
Olivia Covington
A Warrick County man who claimed multiple constitutional violations prejudiced him at his trial for drug crimes failed to prove those violations, the Indiana Court of Appeals decided Thursday.
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COA sends property zoning dispute back to local BZA

March 30, 2017
Olivia Covington
A property zoning dispute has been remanded to the Jeffersonville Board of Zoning Appeals after the Indiana Court of Appeals found Thursday that BZA members did not enter proper findings of fact when handing down an adverse decision.
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COA affirms attempted murder conviction

March 30, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a man’s attempted murder conviction after finding that the court was not required to give the jury a specific instruction on unanimity.
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Supreme Court suspends attorney for mismanaging funds

March 30, 2017
IL Staff
An Indianapolis attorney accused of mismanaging trust funds for both himself and other attorneys and clients has been suspended from the practice of law in Indiana for 180 days.
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Notre Dame law students slated to argue before military appellate court

March 30, 2017
IL Staff
Two Notre Dame Law School students will get the opportunity to argue before an international appellate court when the U.S. Court of Appeals for the Armed Forces hosts oral arguments at the school next week.
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Muncie area courts getting 1st courthouse dog named Frankie

March 30, 2017
 Associated Press
The first courthouse dog is ready to go to work this week at Muncie's Delaware County courts.
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7th Circuit affirms dismissal of foreclosure fraud case

March 29, 2017
Olivia Covington
An Indiana man’s various federal claims against his former mortgage holders cannot proceed because federal district courts do not have jurisdiction to vacate state court decisions, the 7th Circuit Court of Appeals ruled Wednesday.
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Man faces withheld evidence again in lawsuit against Indiana

March 29, 2017
 Associated Press
A man whose 1995 conviction was vacated after serving nearly 16 years in prison is facing evidence issues in a lawsuit he filed against the state of Indiana that were similar to those in his case.
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COA: Allowing removal of prosthetic eye not an abuse of discretion

March 29, 2017
Olivia Covington
A trial court’s decision to allow a woman to remove her prosthetic eye in the presence of the jury in a battery case was not an abuse of discretion because the relevancy of the demonstration was not outweighed by possible prejudice against the defendant, the Indiana Court of Appeals held Wednesday.
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COA affirms drug conviction, sentence

March 29, 2017
Olivia Covington
The Indiana Court of Appeals has affirmed a southern Indiana man’s drug conviction and sentence after finding that the admission of certain evidence did not violate the man’s constitutional rights.
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Indy judicial selection bill revised: Bar groups out, vote in

March 29, 2017
Dave Stafford
Indianapolis voters would elect four of 14 members of a proposed committee to nominate Marion Superior Court judges under a revised bill that eliminates bar group representation on the panel and continues to draw opposition from African-American lawmakers and community members.
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Delinquency findings upheld against student who threatened to bomb school

March 29, 2017
Olivia Covington
The Marion Superior Court did not abuse its discretion when it admitted incriminating statements from a 13-year-old who threatened to bomb his school, the Indiana Court of Appeals has found, because the in-school interrogation of the student did not trigger a Miranda warning.
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Indy attorney publicly reprimanded after immigration case

March 29, 2017
IL Staff
An Indianapolis attorney accused of encouraging a client to falsify federal immigration documents has been publicly reprimanded by the Indiana Supreme Court.
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Supreme Court rules man cannot convert felony theft conviction

March 28, 2017
Olivia Covington
A Lake County man will retain his felony theft conviction after the Indiana Supreme Court ruled Tuesday that an amendment to Indiana Code does not invalidate the man’s agreement to not seek misdemeanor treatment.
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Indiana woman gets 12 years for neglect of malnourished teen

March 28, 2017
 Associated Press
An eastern Indiana woman has been sentenced to 12 years in prison for the neglect of her 15-year-old niece who weighed just 40 pounds when she was admitted to a hospital.
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Sales of Polar Pure brings forfeiture dispute to US Supreme Court

March 28, 2017
Marilyn Odendahl
The Supreme Court of the United States will enter the debate over civil forfeiture Wednesday when the eight justices consider whether the government can seize property from a convicted co-conspirator who did not receive any of the profits from the criminal transactions.
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COA affirms judgment for insurance company in work zone complaint

March 28, 2017
Olivia Covington
Summary judgment was properly awarded to an insurance company that denied a request to defend a construction company in a negligence suit, the Indiana Court of Appeals found Tuesday. The judges ruled the terms of the policy only obligated the insurance company after a certain amount of damages had been paid.
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Supreme Court takes multiple evidence admissibility appeals

March 27, 2017
Olivia Covington
The Indiana Supreme Court granted transfer to four appeals last week, three of which hinge on admissibility of certain evidence at the trial court.
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COA remands child support case

March 27, 2017
Olivia Covington
An Indiana trial court did not err in finding a Marion County father is voluntarily underemployed, yet it failed to consider evidence of the father’s prevailing job opportunities or earnings level, the Indiana Court of Appeals found Monday.
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High court struggles over hospital pension dispute

March 27, 2017
 Associated Press
The Supreme Court of the United States is struggling over whether some of the nation's largest hospitals should be allowed to sidestep federal laws protecting pension benefits for workers.
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Kentucky lawyer pleads guilty in massive disability scheme

March 27, 2017
 Associated Press
A flamboyant Kentucky lawyer who billed himself as "Mr. Social Security" pleaded guilty Friday for his role in what prosecutors portrayed as a long-running scheme to defraud the government of nearly $600 million in federal disability payments.
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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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