Courts

Plea deal didn’t prevent government from referencing hostage incident

August 18, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s claim that the government was barred by his plea agreement from mentioning a hostage situation that occurred several days prior to his arrest on drug and firearm charges.
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Jay County man gets 65 years for murder of 5-week-old girl

August 18, 2016
 Associated Press
An eastern Indiana man convicted of killing his girlfriend's 5-week-old daughter by slamming her head into pavement has been sentenced to 65 years in prison.
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Muslim inmate sues central Indiana sheriff over halal diet

August 18, 2016
 Associated Press, IL Staff
A Muslim inmate is using Indiana's religious freedom statute in part to sue a central Indiana sheriff for denying him a diet that follows Islamic dietary laws.
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COA blasts DCS’ lack of action in CHINS case

August 18, 2016
Jennifer Nelson
The Indiana Court of Appeals in a child in need of services case questioned why the Department of Child Services was able to not comply with multiple court orders and face no consequences from the juvenile court.
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Warrantless inventory search of vehicle not unreasonable, COA holds

August 17, 2016
Jennifer Nelson
Despite a police officer’s failure to strictly follow relevant procedures for completing a written inventory of items found in an impounded car, the Indiana Court of Appeals affirmed that the warrantless search of the car was not unreasonable.
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Gold medal swimmers Lochte, Feigen ordered to stay in Brazil

August 17, 2016
 Bloomberg News
A Brazilian judge has issued an order to seize the passports of U.S. swimmers Ryan Lochte and James Feigen as part of an investigation into an alleged armed robbery that targeted the athletes on Sunday.
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Maxim party promoter sues Speedway over lackluster ticket sales

August 17, 2016
IBJ Staff
The company that staged the Indy 500 Maxim Party at Indianapolis Motor Speedway on May 27 of race weekend has sued the speedway in federal court, claiming that it didn’t do enough to help publicize the sparsely attended event.
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7th Circuit: Trailer insurer does not have to indemnify defendants

August 17, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals on Tuesday affirmed a district court ruling that held the insurer of a trailer borrowed by a trucking company in which an employee was involved in a fatal accident does not have to indemnify the company or the driver in a negligence lawsuit.
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Indiana's high court to hear appeal in house explosion case

August 17, 2016
 Associated Press
The Indiana Supreme Court will hear an appeal next month in the case of the alleged ringleader of a deadly Indianapolis house explosion.
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Lawsuit filed by fans who missed Hall of Fame game

August 17, 2016
 Associated Press
Four fans have sued the NFL over the Hall of Fame game in Canton that was canceled because of poor field conditions.
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Indiana Supreme Court takes 4th Amendment case

August 16, 2016
Jennifer Nelson
The Indiana Supreme Court took two cases on transfer last week, including whether a police officer was within his community caretaker function when he pulled over a woman after she left a gas station.
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Common sense alone not enough in patent law, US court finds

August 16, 2016
 Bloomberg News
Judges can’t rely on common sense alone when analyzing the validity of a patent, an appeals court ruled last week in a loss for Apple Inc. and Alphabet Inc.’s Google.
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GM CEO Barra tells jury company flubbed fatal ignition flaw

August 16, 2016
 Bloomberg News
General Motors Co. failed to designate a flawed ignition switch linked to multiple deaths and injuries as a safety concern, Chief Executive Officer Mary Barra told jurors at a Texas trial.
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Justices reinstate father’s parental rights

August 16, 2016
Jennifer Nelson
A trial court’s findings do not “clearly and convincingly support” its decision to terminate a father’s parental rights to his son based on it being in the best interests of the boy. In fact, the findings show that the father and son have a bond and often spend time together, the Indiana Supreme Court found Tuesday.
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Indiana education committee looks at sexual misconduct

August 16, 2016
 Associated Press
A group of Indiana lawmakers is looking at sexual misconduct in schools to see if legislation is needed in 2017 to help curb abuse.
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COA affirms conviction of man who used lawyer’s identity in jail

August 16, 2016
Jennifer Nelson
Whether someone used another person’s identity for a lawful purpose is an affirmative defense to the crime of identity deception and not a material element of the crime, the Indiana Court of Appeals ruled in a first impression matter.
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State fighting birth certificate ruling

August 15, 2016
Marilyn Odendahl
Married same-sex female couples who challenged Indiana’s refusal to recognize the non-birth mothers on their children’s birth certificates reiterate that they want to be treated in the same manner as heterosexual couples – no more, no less. The state, which intends to appeal a ruling finding Indiana's paternity statutes to be unconstitutional, is first asking the judge to take another look at her ruling.
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Court grants habeas writ in case involving repealed drug statute

August 15, 2016
Jennifer Nelson
A man convicted of Class A felony possession of three grams of cocaine within 1,000 feet of a “youth program center” in March 2008 will either be released from prison or resentenced after the 7th Circuit Court of Appeals granted his habeas corpus petition.
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Prosecutors appeal 14-month sentence for ex-Indiana deputy

August 15, 2016
 Associated Press
Federal prosecutors are asking an appeals court to order a stiffer sentence for a former central Indiana sheriff's deputy convicted of civil rights violations.
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Sides in Russell estate case seeking settlement

August 15, 2016
Jared Council, IBJ Staff
Attorneys in the estate case of deceased Celadon Group Inc. co-founder Steve Russell say they're hashing out a settlement, a move that would cease the high-profile wrangling over his $31 million estate and curtail estate losses from legal fees.
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Man loses challenge to robbery being a violent felony under ACCA

August 15, 2016
Jennifer Nelson
A man serving 15 years for drug and gun charges thanks to three prior convictions of robbery in Indiana could not convince the 7th Circuit Court of Appeals that robbery under Indiana law involving only the fear element isn’t a violent felony under the Armed Career Criminal Act.
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Emails heat up lawsuit over sale of Pacers stake

August 15, 2016
Greg Andrews, IBJ Staff
Attorneys for the IRS have gotten their hands on an email that appears to buttress their case that Herb Simon received a sweetheart deal when he acquired his ailing brother Mel’s 50 percent ownership in the Indiana Pacers in early 2009, just a few months before Mel died at age 82.
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Sandusky denies at appeals hearing that he molested boys

August 12, 2016
 Associated Press
Jerry Sandusky took the stand Friday to forcefully deny the child molestation charges he was convicted of four years ago and said it wasn't his idea to waive his right to testify during his 2012 trial.
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Indiana man pleads guilty in deadly house explosion

August 12, 2016
 Associated Press
One of five people charged in a deadly house explosion that devastated an Indianapolis neighborhood pleaded guilty Friday to a conspiracy charge after agreeing to a deal with prosecutors.
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DOJ willing to consider settlement in Anthem, Cigna merger

August 12, 2016
 Bloomberg News
A Justice Department lawyer on Friday told the judge in the antitrust case over Anthem Inc.’s $48 billion takeover of Cigna Corp. that the government was willing to hear settlement offers from the companies.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. 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.

  4. 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?

  5. 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

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