Courts

COA: Police lawfully entered home; battery conviction upheld

October 31, 2016
Olivia Covington
A Richmond man’s request to have his conviction for battery against two police officers overturned was denied Monday by a panel of the Indiana  Court of Appeals, which found that the officers had lawfully entered the man’s home because they suspected him of being armed and dangerous.
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Supreme Court won’t hear challenge to FBI fitness test

October 31, 2016
 Associated Press
The U.S. Supreme Court won’t hear a dispute over whether a physical fitness test for FBI special agents is biased against men.
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Justices dismiss Texas case over deaf driver education

October 31, 2016
 Associated Press
The U.S. Supreme Court has dismissed a case it took up earlier this year involving deaf people in Texas who had trouble getting drivers licenses.
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Justices reject appeal from Alabama death row inmate

October 31, 2016
 Associated Press
The Supreme Court of the United States has rejected an appeal from a death row inmate in Alabama who said evidence withheld by prosecutors entitled him to a new court hearing.
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US justices will consider deportation law for sex offenders

October 28, 2016
 Associated Press
The Supreme Court of the United States will decide whether the government can deport people who are not U.S. citizens if they are convicted in certain states of sexually abusing a minor.
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SCOTUS to rule in Virginia transgender case

October 28, 2016
 Associated Press
The U.S. Supreme Court will take up transgender rights for the first time in the case of a Virginia school board that wants to prevent a transgender teenager from using the boys' bathroom at his high school.
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COA awards custody to father, orders assets redivided

October 28, 2016
Olivia Covington
After a couple’s contentious battle in court over custody of their children and possession of their home, the Indiana Court of Appeals decided Friday their marital estate had not been correctly divided. However, the appellate court affirmed the decision to award custody of the children to their father.
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State approves 6th e-filing provider

October 28, 2016
IL Staff
As electronic filing begins in Marion County Friday, Indiana state courts this week approved a sixth e-filing service provider, which is also the third to offer services free of charge.
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Judge pro tem appointed in Morgan County

October 28, 2016
IL Staff
A senior judge will preside as a judge pro tem in Morgan County effective Monday, the Indiana Supreme Court ordered this week.
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Jury awards more than $70M to woman in baby powder lawsuit

October 28, 2016
 Associated Press
A St. Louis jury on Thursday awarded a California woman more than $70 million in her lawsuit alleging that years of using Johnson & Johnson's baby powder caused her cancer, the latest case raising concerns about the health ramifications of extended talcum powder use.
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Oregon case jury delivers blow to government in lands fight

October 28, 2016
 Associated Press
A jury delivered an extraordinary blow to the government in a long-running battle over the use of public lands when it acquitted all seven defendants involved in the armed occupation of a national wildlife refuge in rural southeastern Oregon.
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Sex abuse lawsuit against USA Gymnastics doc names Karolyis

October 28, 2016
 Associated Press
The latest lawsuit accusing a former USA Gymnastics doctor of sexually abusing a longtime member of the U.S. women's national team is the first to name renowned husband-and-wife coaches Bela and Martha Karolyi, alleging they turned a blind eye to molestations.
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Voter group wants documents unsealed in Indiana search

October 28, 2016
 Associated Press
A voter mobilization facing an investigation into possible voter registration fraud asked a court Thursday to unseal documents from an Indiana State Police search of its offices, saying it "has been publicly demonized by the highest state officials in Indiana."
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Judge lets Flint residents' lawsuit against state move ahead

October 27, 2016
 Associated Press
A Michigan judge has ruled in favor of Flint residents who sued the state over the city's man-made lead-tainted water crisis, rejecting a motion to dismiss the lawsuit entirely.
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7th Circuit affirms jury verdict in injured railroad worker's suit

October 27, 2016
Olivia Covington
A jury correctly ruled against an employee of the railroad company CSX Transportation Inc. who sued his employer after an on-the-job accident that resulted in severe back pain, citing evidence that proved the pain existed before the accident, the 7th Circuit Court of Appeals decided Thursday.
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COA affirms woman’s involuntary commitment despite moot appeal

October 27, 2016
Olivia Covington
Although the term of her commitment in an Indiana mental health facility had already expired, the Indiana Court of Appeals chose Thursday to hear a woman’s moot appeal of her commitment and affirm it, writing that the case needed to be heard as a matter of great public importance.
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Thomas criticizes broken confirmation process for high court

October 27, 2016
 Associated Press
Justice Clarence Thomas said Wednesday that the U.S. Supreme Court confirmation process is an example of how the nation's capital is "broken in some ways."
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Mistrial declared in Indianapolis murder-for-hire case

October 27, 2016
 Associated Press
A mistrial has been declared in a double-homicide case of an Indianapolis man who was charged in a murder-for-hire scheme that authorities say led to the fatal shootings of four men in early 2014.
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Indiana congressional candidate sues over arrest

October 27, 2016
 Associated Press
An Indiana congressional candidate has sued a police officer who accused him of assault during a traffic stop last month.
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Lawyer argues girl hurt in stage collapse put self at risk

October 27, 2016
 Associated Press
A student injured in a stage collapse last year during a musical at an Indiana high school put herself at risk by participating in the show, the school said in court records countering a lawsuit from the student's parent.
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State brief cites religion in defending fetal-remains statute

October 27, 2016
Dave Stafford
The state is continuing to defend Indiana’s fetal-remains statute that a federal judge blocked after a U.S. Supreme Court decision this year reinforced prohibitions against laws restricting a woman’s right to abortion. The state is relying in part on “astonishing” religious practices to make its case.
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Vaidik re-elected chief judge of Court of Appeals

October 26, 2016
IL Staff
Indiana Court of Appeals Chief Judge Nancy Vaidik will serve another three-year term leading the court beginning Jan. 1 after the court’s 15 judges re-elected her Wednesday.
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COA will not allow specialized driving privileges for man with 27 traffic violations

October 26, 2016
Olivia Covington
An Indiana man now living in Mississippi whose Indiana driver’s license was suspended for life after more than two dozen traffic violations cannot receive special Indiana driving privileges that would enable him to obtain a license in Mississippi.
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Homeowner can be liable for party injuries resulting in death, but not for furnishing alcohol

October 26, 2016
Olivia Covington
The Indiana Supreme Court held Wednesday that a woman whose party guest died at her home after a drunken brawl could be considered negligent because she did not seek care for the guest, but not on the basis of supplying alcohol to the men involved in the fight.
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IN Supreme Court holds that bar shooting was not foreseeable

October 26, 2016
Olivia Covington
After deciding that foreseeability in the context of duty in a negligence case is different than in the context of proximate cause, the Indiana Supreme Court held Wednesday that a Grant County bar was not negligent in a shooting that injured three people because the shooting was not foreseeable.
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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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