Courts

COA majority: Conditional language is still a threat

April 21, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction for Class A misdemeanor intimidation in a 2-1 decision after it found the conditional language he used in the threat placed his victim in danger of retaliation for a lawful act.
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VW reaches outline agreement with US to overcome crisis

April 21, 2016
 Bloomberg News
Volkswagen AG agreed to fix or buy back about 500,000 tainted cars in the U.S., taking a significant step forward in its effort to emerge from the emissions-cheating scandal.
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Attorney: NCAA also deserves blame in UNC fraud scandal

April 21, 2016
 Associated Press
An attorney representing two ex-University of North Carolina athletes says the school and Indianapolis-based NCAA are both responsible for UNC's long-running academic fraud scandal that he says denied athletes a quality education.
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Dickson hears final argument in historic Corydon courthouse

April 20, 2016
Jennifer Nelson
The Indiana Supreme Court’s five justices traveled to Corydon Wednesday to hear arguments in a modern case presented in the original Supreme Court courtroom built for just three justices. The event was part of the celebration of the state’s bicentennial and also was Justice Brent Dickson’s final oral argument.
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3 charged with several crimes in Flint water crisis

April 20, 2016
 Associated Press
Two state regulators and a Flint employee were charged Wednesday with evidence tampering and other felonies and misdemeanors, for the first time raising the lead-tainted water crisis in the Michigan city to a criminal case.
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COA: Man’s habeas petition should be dismissed

April 20, 2016
Scott Roberts
The Indiana Court of Appeals remanded a man’s petition for habeas corpus and ordered the trial court to dismiss his claims after the judges said he improperly filed his petition without permission from the court.
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High court upholds Arizona redistricting plan

April 20, 2016
 Associated Press
A unanimous U.S. Supreme Court says an Arizona commission did not violate the principle of one-person, one-vote when it redrew the state's legislative districts in a way that created some with more residents than others.
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Terror victims win Supreme Court judgment against Iran

April 20, 2016
 Associated Press
The Supreme Court of the United States on Wednesday upheld a judgment allowing families of victims of the 1983 Marine barracks bombing in Beirut and other terrorist attacks to collect nearly $2 billion in frozen Iranian funds.
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17 former Angie's List salespeople sue for overtime

April 20, 2016
Jeff Newman, IBJ Staff
Seventeen former salespeople for Angie’s List Inc. filed lawsuits Tuesday alleging the Indianapolis-based company systematically withheld payment for overtime hours they worked.
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7th Circuit: Prisoner denied due process

April 20, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a prisoner could not defend the possession of heroin charge against him and thus remanded his case for rehearing.
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Western Indiana drug court to close due to lack of funding

April 20, 2016
 Associated Press
A western Indiana drug court is coming to an end because officials have run out of funding.
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Feds cite Fogle's quest for teens for sex in appeal reply

April 20, 2016
 Associated Press
A federal judge acted properly in sentencing former Subway pitchman Jared Fogle to more than 15 years in prison, prosecutors said in a response to his appeal in which they cited text messages illustrating his multiple efforts to find teenagers for sex.
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State pays ACLU over $1.4M under Pence

April 20, 2016
Dave Stafford
Under the administration of Gov. Mike Pence, legal fees paid to the American Civil Liberties Union of Indiana have soared beyond $1.4 million and may approach $2 million, according to an Indiana Lawyer analysis.
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DNA result shielded from rape trial jury

April 20, 2016
Dave Stafford
A man convicted of rape wasn’t permitted at his trial to introduce DNA evidence collected from the victim when she sought medical attention. The DNA was from another man who also was at the party attended by several other people who testified the crime took place.
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Painkiller distributors face trials

April 20, 2016
Marilyn Odendahl
Insurer argues to 7th Circuit Court of Appeals that it has no duty to defend in opioid prescription suit.
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Disciplinary Actions - 4/20/2016

April 20, 2016
IL Staff
Read about recent disciplinary actions taken by the Indiana Supreme Court.
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Supreme Court declines to rule on legislative emails case

April 19, 2016
Scott Roberts
The Indiana Supreme Court on Tuesday affirmed dismissal of a case where the Energy and Policy Institute requested copies of correspondences from state Rep. Eric Koch under the Indiana Access to Public Records Act. The court said while APRA can be applied to the General Assembly, the specific issue of whether Koch’s emails are exempt from disclosure in this case under the work product exemption is non-justiciable.
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COA: Minor lacks standing in suit against health department

April 19, 2016
Scott Roberts
The Indiana Court of Appeals found a minor was not in danger of sustaining injury from storage of her dried blood spot by the Indiana Department of Health and therefore lacked standing to bring a lawsuit, affirming the judgment of the Marion Superior Court.
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COA: Man entitled to full length of disability benefits

April 19, 2016
Scott Roberts
The Indiana Court of Appeals reversed a workers’ compensation board decision and found a man was entitled to the full amount of temporary total disability he requested. His employer did not provide him notice about what would happen if he refused the sedentary job he was offered and the judges held he did not waive the issue.
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High court strikes down Maryland power plant subsidies

April 19, 2016
 Associated Press
A unanimous U.S. Supreme Court ruled Tuesday that Maryland officials overstepped their authority when they offered financial subsidies to encourage construction of a new power plant in the state.
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VW owners seek trial if there's no fix in emissions case

April 19, 2016
 Associated Press
Lawyers representing thousands of people who own diesel Volkswagens that cheat on emissions tests are asking a judge to order repairs and compensation if the company and government regulators don't agree to a fix by Thursday.
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Judge rules US Capitol plot suspect competent to stand trial

April 19, 2016
 Associated Press
A federal judge ruled Tuesday that a suburban Cincinnati man is competent to stand trial on charges that he plotted to attack the U.S. Capitol in support of the Islamic State group.
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Judge: 3 ex-Angie's List salespeople can stay at HomeAdvisor

April 19, 2016
Greg Andrews, IBJ Staff
A Hamilton County judge has shot down an effort by Angie’s List Inc.to prevent three top-performing salespeople who left the company late last year from working at the newly opened Indianapolis office of competitor HomeAdvisor.
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Indiana Supreme Court accepts 3 cases

April 18, 2016
Scott Roberts
The Indiana Supreme Court granted transfer to three cases out of 13 this week and denied one by a 3-2 vote.
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COA: Decision will not have ‘unintended consequences’

April 18, 2016
Scott Roberts
The Indiana Court of Appeals said a decision in a case that allows prisoners in an offender work program to enforce the statutory wage requirement would not have “unintended consequences” and reaffirmed its decision on rehearing.
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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