Courts

Judge rules law doesn’t require schools to bus students

December 21, 2012
Jennifer Nelson
A Marion County judge ruled in favor of Franklin Township Community School Corp. on a lawsuit filed by parents after the school contracted its bus transportation services to an outside organization that charged students to ride.
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Court orders new trial on damages owed to wrongfully convicted man

December 20, 2012
Jennifer Nelson
Finding a District judge improperly limited critical evidence relating to an Elkart man’s innocence during his trial for damages following his wrongful conviction, the 7th Circuit Court of Appeals ordered a new damages trial be held.
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7th Circuit rules in favor of hospital in EMTALA violation suit

December 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals found that the 2003 definition of when a person is to have “come to the emergency room” is a clarification of the rule in effect in 2001 and that a woman who filed a lawsuit under the Emergency Medical Treatment and Active Labor Act did not come to the Wishard Hospital emergency department under that act.
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Judges uphold finding that past burglaries were not single criminal episode

December 20, 2012
Jennifer Nelson
The 7th Circuit Court of Appeals dismissed a defendant’s argument that his three previous convictions of burglary should be treated as a single criminal episode for purposes of the Armed Career Criminal Act.
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Northern District adopts revision to bankruptcy rule

December 20, 2012
IL Staff
The United States Bankruptcy Court for the Northern District of Indiana has adopted revisions to Local Rule B-7056-1, Motions for Summary Judgment. The change became effective Tuesday.
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7th Circuit reinstates suit to recoup environmental cleanup costs

December 19, 2012
Jennifer Nelson
Finding the District Court erred in dismissing several claims made by the trustees of a fund to oversee cleanup of a contaminated site, the 7th Circuit Court of Appeals is allowing the lawsuit to proceed.
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Judges reinstate administrative order to refund excessive title insurance premiums

December 19, 2012
Jennifer Nelson
After finding a trial court exceeded its authority when it reweighed evidence presented to a hearing officer regarding overcharging of title insurance premiums by several agencies, the Indiana Court of Appeals reinstated the administrative order issued by the Indiana commissioner of insurance to refund excessive premiums.
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COA orders continuation of insurer’s case against tenant

December 19, 2012
Jennifer Nelson
Because Indiana law does not currently preclude a landlord’s insurer from bringing a subrogation claim against a tenant and a landlord’s complaint established a set of circumstances under which it would be entitled to relief, the Court of Appeals reversed the grant of a tenant’s motion to dismiss. The landlord’s insurer filed a subrogation action against the tenant after a fire started on her patio.
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Justices reinstate 80-year sentence

December 19, 2012
Jennifer Nelson
Disagreeing with the Court of Appeals, which ordered a convicted child molester’s sentence cut in half, the Indiana Supreme Court reinstated John Kimbrough III’s 80-year aggregate sentence for molesting his former girlfriend’s two young daughters.
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Justices: summary judgment inappropriate on some claims in contaminated waste suit

December 19, 2012
Jennifer Nelson
The Indiana Supreme Court has affirmed in part and reversed in part the grant of summary judgment to various defendants involved in a landowner’s lawsuit seeking damages after a steel fabrication company deposited solid waste onto his property.
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Hospital wins on uninsured patients’ appeal of rates charged

December 19, 2012
Jennifer Nelson
The Indiana Supreme Court ruled in favor of a hospital’s motion to dismiss a complaint brought by uninsured patients regarding the rates charged by the hospital, finding the patients’ complaint failed to state facts on which the trial court could have granted relief.
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State could refile charges against Bunch

December 19, 2012
IL Staff
Although arson and murder charges were dismissed against Kristine Bunch Tuesday in Decatur County, prosecutors may decide to refile charges after further investigation.
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Applications being accepted for St. Joseph Superior Court

December 19, 2012
IL Staff
Those interested in joining the St. Joseph Superior bench have until Jan. 18 to apply to the court’s nominating commission. The applicant chosen will replace Judge Roland Chamblee Jr., who is retiring in March.
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Rush robing ceremony set

December 19, 2012
IL Staff
Indiana Supreme Court Justice Loretta Rush’s formal robing ceremony will take place at 10 a.m. Friday, Dec. 28 in the Supreme Court Courtroom at the Statehouse.
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Conour court filings reveal lavish lifestyle

December 19, 2012
Dave Stafford
The ex-attorney is still without counsel in his wire fraud case and is proceeding pro se in his divorce and foreclosure cases.
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Powers collide in utility rate case charged by ethics scandal

December 19, 2012
Dave Stafford
Undue influence is an undercurrent of Duke Energy v. Indiana Utility Regulatory Commission case.
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Disciplinary Actions - 12/21/12

December 19, 2012
IL Staff
Read who's been suspended by the Indiana Supreme Court.
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Former Clinton County judge dies

December 19, 2012
IL Staff
Everett N. Lucas, 90, who served three terms as Clinton Circuit judge beginning in 1958, died Nov. 4 at Wesley Manor Retirement Community
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State drops charges against mom whose murder, arson convictions were overturned

December 18, 2012
Jennifer Nelson
The state has dropped charges against Kristine Bunch, the Decatur County woman who claimed she was wrongfully convicted of killing her son in a fire in 1995. Bunch was convicted in 1996 of murder and arson, but the Court of Appeals ordered a new trial this year.
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Attempted ‘hybrid’ defense delay didn’t violate speedy trial rule

December 18, 2012
Dave Stafford
A criminal defendant who filed motions on his own behalf and who also had consented to appointment of a special public defender was not denied a speedy trial when a delay of more than 70 days occurred, the Court of Appeals ruled Tuesday.
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AG’s office sues 2 foreclosure consultants

December 18, 2012
IL Staff
The Office of the Indiana Attorney General has filed lawsuits against two foreclosure consultant companies that took more than $2,600 from Indiana homeowners without providing services or refunds.
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The Star asks Supreme Court to review order to name online commenter

December 18, 2012
Dave Stafford
The Indianapolis Star has asked the Indiana Supreme Court to hear its appeal of an order that it identify an anonymous commenter who posted messages on its website that became part of a defamation suit.
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Justices order modification of sentence of convicted child caseworker to comply with plea agreement

December 17, 2012
Dave Stafford
A former child protective services caseworker convicted of sex crimes in Hamilton and Elkhart counties should have his sentence modified to comport with his plea agreement, the Indiana Supreme Court ordered.
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Justices take 6 cases, reject 26

December 17, 2012
Dave Stafford
The Indiana Supreme Court granted transfer in six of 32 cases reviewed in the week ending Dec. 14, according to the transfer disposition list posted Monday on the court website.
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Durham files to appeal federal conviction

December 17, 2012
IBJ Staff
Tim Durham officially has filed to appeal his conviction on fraud charges after being sentenced to 50 years in prison in late November.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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