Courts

Jury finds Led Zeppelin did not steal riff for 'Stairway'

June 23, 2016
 Associated Press
Led Zeppelin did not steal a riff from an obscure 1960s instrumental tune to use for the introduction of its classic rock anthem "Stairway to Heaven," a federal court jury decided Thursday.
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COA: Seller not liable for undisclosed septic system

June 23, 2016
Scott Roberts
The Indiana Court of Appeals affirmed judgment against a man who claimed fraud because he was not told the property he bought was connected to a septic system.
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Murder defendant’s trial attorney ineffective, COA rules

June 23, 2016
Scott Roberts
The Indiana Court of Appeals reversed and remanded the denial of a man’s post-conviction relief petition, finding his trial counsel was ineffective and his petition was not barred by laches.
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High court limits drunken-driving test laws

June 23, 2016
 Associated Press
The U.S. Supreme Court on Thursday placed new limits on state laws that make it a crime for motorists suspected of drunken driving to refuse alcohol tests.
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High court limits use of repeat offender law

June 23, 2016
 Associated Press
The U.S. Supreme Court is making it tougher for federal prosecutors to seek longer prison terms for people convicted of repeated violent crimes.
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Texas affirmative action plan survives Supreme Court review

June 23, 2016
 Associated Press
In a major victory for affirmative action, a divided U.S. Supreme Court on Thursday upheld the University of Texas admissions program that takes account of race.
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Obama immigration plan blocked by 4-4 tie at Supreme Court

June 23, 2016
 Associated Press
A tie vote by the Supreme Court of the United States is blocking President Barack Obama's immigration plan that sought to shield millions living in the U.S. illegally from deportation.
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2011 effort to remove judge shows bold Trump legal tactics

June 23, 2016
 Associated Press
Five years before Donald Trump accused a federal judge of bias against him in a Trump University lawsuit, the New York billionaire tried to get another judge pulled from a case, court records show.
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7th Circuit: Women’s services ad can be posted in buses

June 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals found a women’s health organization can advertise on city buses because its ad does not violate any of the transit company’s ad policies, overturning a Northern District of Indiana decision.
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7th Circuit: Omission of fibromyalgia diagnosis reversible error

June 23, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled that an administrative law judge’s omission of fibromyalgia from a woman’s list of impairments was not supported by the evidence and reversed denial of her application for supplemental security income.
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Justices rule jury instruction not fundamental error

June 22, 2016
Scott Roberts
The Indiana Supreme Court found a jury instruction that jurors “shall presume” that a man’s alcohol concentration equivalent was above the legal limit if his chemical test, taken hours later, was at 0.08 or higher was not fundamental error. As such, it affirmed his conviction.
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Jury gets peek at making of Led Zeppelin's epic 'Stairway'

June 22, 2016
 Associated Press
Rock 'n' roll history played out Tuesday in a Los Angeles courtroom as vintage recordings of Led Zeppelin working on the song that became the epic "Stairway to Heaven" were played and the songwriters discussed its craft.
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Study: Indiana judiciary doesn’t reflect state’s diversity

June 22, 2016
Scott Roberts
Indiana is one of 26 states to receive a failing grade on the diversity of its judiciary in a new study released Wednesday by the American Constitution Society for Law and Policy.
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Justice Alito sells Exxon stock after almost decade of recusals

June 22, 2016
 Bloomberg News
U.S. Supreme Court Justice Samuel Alito has finally sold the Exxon Mobil Corp. stock that for almost a decade kept him from taking part in cases involving the world’s biggest publicly traded oil company.
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Federal judge strikes down Obama’s effort to regulate fracking

June 22, 2016
 Bloomberg News
A federal judge struck down the Obama administration’s signature effort to regulate hydraulic fracturing on public lands, putting another of the president’s environmental initiatives in legal limbo months before he leaves office.
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Sister of kidnapped Indianapolis siblings gets probation

June 22, 2016
 Associated Press
An Indianapolis woman whose two teenage siblings were kidnapped and held for ransom won't serve any jail time for her involvement in the case.
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Court rules in favor of Carmel in Home Place annexation case

June 22, 2016
Lindsey Erdody, IBJ Staff
A judge has ruled that Carmel’s attempted annexation of a small area in Clay Township known as Home Place should be allowed to move forward.
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Appeals court reverses adoption petition

June 22, 2016
Scott Roberts
The Indiana Court of Appeals reversed an adoption petition after it found the adoptive mother did not participate in a sufficient background check and the court should have combined the adoption proceedings with a paternity hearing that was also occurring at the same time.
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COA: Unreturned warrant doesn’t justify trial delay

June 22, 2016
Scott Roberts
A man’s criminal charges will be dismissed after Indiana Court of Appeals found the fact that a warrant for his arrest was not returned to trial court didn’t mean the court was absolved of its responsibility to grant him the speedy trial he asked for.
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Suit accusing Starbucks of under-filling lattes can proceed

June 21, 2016
 Associated Press
A federal judge is allowing the bulk of a lawsuit accusing Starbucks of systematically under-filling lattes to move forward.
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Clerk asks court to dismiss appeals in gay marriage lawsuit

June 21, 2016
 Associated Press
A Kentucky clerk who spent five days in jail for refusing to issue marriage licenses to same-sex couples asked a federal appeals court Tuesday to dismiss her appeals of a judge's ruling because of a new state law that will take effect next month.
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Abortion, race, immigration among last Supreme Court cases

June 21, 2016
 Associated Press
It happens every June. The Supreme Court of the United States nears the finish line with the most contentious cases still to be resolved.
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Attorney wins $9.5M for family of man who died in rehab hospital

June 21, 2016
Scott Roberts
An Indiana attorney has won what he claims is a record amount from a wrongful death lawsuit as a Lake County jury Friday awarded the family of a man who died in a rehabilitation hospital $9.5 million.
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COA: ADA does not apply in termination proceedings

June 21, 2016
Scott Roberts
The Indiana Court of Appeals ruled the Americans with Disabilities Act does not apply in termination of parental rights proceedings in a case where a deaf father with cognitive and mental health problems appealed the termination of his parental rights to his son.
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Device lawsuits plague Cook Medical

June 21, 2016
John Russell, IBJ Staff
The lawsuits against Cook Medical began four years ago with a trickle but have since turned into a gusher, now surpassing 500.
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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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