Courts

Historic courtroom illustrations acquired by Library of Congress

February 26, 2016
Marilyn Odendahl
Ninety-six original courtroom drawings from high-profile trials over the past four decades have been acquired by the Library of Congress.
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Supreme Court: Ex post facto laws don’t apply to 2 sex offenders

February 26, 2016
Scott Roberts
The Indiana Supreme Court affirmed two men had to register as sex offenders after moving from other states, saying the requirement did not violate the Indiana Constitution’s prohibition against ex post facto laws.
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Former dentistry clinic director sues IU over firing

February 26, 2016
John Russell, IBJ Staff
A former clinic director at the Indiana University School of Dentistry in Indianapolis who was fired last year after students complained he inappropriately touched them is suing to get his job back, saying he was denied a fair hearing
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Apple's best arguments against the US over iPhone access

February 25, 2016
 Bloomberg News
Apple has just days left to marshal its legal arguments in the biggest battle in a generation pitting public safety against personal privacy: the U.S. government versus one of the world’s most powerful technology companies.
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COA: Wood boiler cannot be used while court case is pending

February 25, 2016
Scott Roberts
The Indiana Court of Appeals reversed the denial of a preliminary injunction sought by a couple, finding they could stop neighbors from using an outside wood boiler during their legal action.
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COA agrees state did not interfere with defense

February 25, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s convictions for criminal confinement and domestic battery, among other charges, after it found the state did not interfere by not allowing one of the man’s witnesses to testify.
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6 states sue Obama administration over Affordable Care Act

February 25, 2016
 Associated Press, IL Staff
Six states, including Indiana, filed a new lawsuit Wednesday against the Obama administration over the Affordable Care Act.
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Suit aims to strike down law barring vote by committed mentally ill

February 25, 2016
Dave Stafford
A proposed class-action lawsuit naming state election officials and the clerk of Jefferson County argues a 1995 state law preventing people committed to a state hospital from voting in local elections is unconstitutional.
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14th Amendment rights not violated by voice test

February 25, 2016
Scott Roberts
The 7th Circuit Court of Appeals found a man’s 14th Amendment rights were not violated when he was asked to take a voice stress test as part of an administrative investigation into possible wrongdoing as a police officer.
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Court finds double jeopardy in stalking case

February 24, 2016
Scott Roberts
The Indiana Court of Appeals reversed and remanded a man’s conviction of stalking as a Class C felony to Dearborn Superior Court because of double jeopardy violations. The court did uphold invasion of privacy charges and the revocation of his probation.
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Indianapolis man convicted of murder in home explosion

February 24, 2016
 Associated Press
An Indianapolis man was convicted of murder, arson and insurance fraud on Wednesday for his role in a 2012 house explosion that killed two neighbors and devastated a subdivision in the southern part of the city.
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ESPN makes appeal for Notre Dame police records

February 24, 2016
Dave Stafford
ESPN Inc. argued public policy, legislative intent and precedent in Indiana and other states favor a Court of Appeals order for University of Notre Dame police to release records of incidents involving student athletes.
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Appeals court reverses Indy recycling contract decision

February 24, 2016
Scott Roberts
The Indiana Court of Appeals has reversed summary judgment in favor of the city of Indianapolis and the Board of Public Works regarding a controversial contract with Covanta to create a trash and recycling center.
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Appeals court: man denied full credit time

February 24, 2016
Scott Roberts
The Indiana Court of Appeals reversed and remanded a man’s sentence for theft and resisting law enforcement after ruling he should have been granted credit time.
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Missouri jury awards $72M in Johnson & Johnson cancer suit

February 24, 2016
 Associated Press
A Missouri jury has awarded $72 million to the family of an Alabama woman who died from ovarian cancer, which she said was caused by using Johnson & Johnson's well-known baby powder and other products containing talcum.
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7th Circuit upholds convictions, orders resentencing

February 24, 2016
Scott Roberts
The 7th Circuit Court of Appeals on Tuesday upheld a man’s convictions for armed bank robbery, brandishing a firearm during a crime of violence and possession of a firearm after a felony conviction but vacated his sentence due to the district court’s erroneous application of two different sentencing enhancements.
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Deliberations resume in Indianapolis house explosion trial

February 24, 2016
 Associated Press
Jurors resumed deliberating charges Wednesday against a man accused of helping plot a 2012 house explosion in Indianapolis that killed a couple and damaged or destroyed more than 80 homes.
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15 justice semifinalists remain

February 24, 2016
Dave Stafford
Nine judges, four lawyers in private practice, a state lawmaker and a state attorney are semifinalists to replace Justice Brent Dickson on the Indiana Supreme Court. Thirteen men and two women from every region in the state will return for a second round of interviews next month.
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Lawsuit could upend civil forfeiture in Indiana

February 24, 2016
Marilyn Odendahl
A new challenge to Indiana’s civil forfeiture process does not seek to end the practice altogether but its attempts to stop the flow of money into local law enforcement coffers could, ultimately, halt the seizure of property in the state.
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Attorneys applauded for representing pro bono clients in federal court

February 24, 2016
Marilyn Odendahl
The third annual event in a jury room at the Birch Bayh Federal Building and U.S. Courthouse in Indianapolis was a thank you to all the attorneys who provided pro bono help in 2015 to pro se litigants in either the Civil Trial Assistance Panel or the Mediation Assistance Program.
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Indy attorney represents 2 in NFL brain-injury cases

February 24, 2016
Dave Stafford
Attorney Dan Chamberlain is betting on a couple of ex-players with tarnished pasts in lawsuits that contend the National Football League failed to adequately compensate retired players who suffer traumatic brain injuries.
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Scalia remembered as personable, intellectual

February 24, 2016
Scott Roberts
Supreme Court of the United States Justice Antonin Scalia was remembered as an intellectual judge who had a profound impact on the nation’s highest court, but also as friendly and personable in one-on-one conversations by Indiana judges and attorneys who had interactions with him.
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Disciplinary Actions - 2/24/16

February 24, 2016
IL Staff
Read who recently resigned from the bar and who was suspended.
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Closing arguments conclude in house blast trial

February 23, 2016
 Associated Press
A deputy prosecutor told jurors that a natural gas explosion in Indianapolis that killed two and devastated a neighborhood was no accident, while a defense attorney argued prosecutors failed to prove his client was involved despite the testimony of 150 witnesses.
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Tax Court seeks comment on e-filing rules

February 23, 2016
IL Staff
Indiana Tax Court is soliciting comments on proposed rule changes to provide for electronic filing and service of documents, excluding initial case filings.
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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. 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.

  4. 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.

  5. 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.

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