Courts

Justices weigh free speech rights, Facebook threats

December 1, 2014
 Associated Press
The Supreme Court of the United States struggled Monday over where to draw the line between free speech and illegal threats in the digital age.
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Evidence of felon’s gun tattoo not error

December 1, 2014
Dave Stafford
A defendant who took the stand in his federal trial for felony firearm possession failed to convince the 7th Circuit Court of Appeals Nov. 26 that the evidence of his gun tattoo should not have been admitted.
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Statements by insurance provider do not constitute defamation, COA rules

December 1, 2014
Marilyn Odendahl
A surgery center’s defamation claim that an insurance provider was making false statements purposefully to harm the center’s business reputation was dismissed because the communication did not allege any misconduct in business practices or trade. 
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Otte to retire as S.D. bankruptcy judge

December 1, 2014
IL Staff
Judge Frank J. Otte will retire at the end of 2014 after 28 years on the U.S. Bankruptcy Court for the Southern District of Indiana.
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Southern District amends filing under seal, pro se notice rules

December 1, 2014
IL Staff
Federal court rules for the Southern District of Indiana pertaining to filing documents under seal and providing notice to pro se litigants will be amended effective Jan. 1, 2015, Clerk Laura Briggs announced.
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Eagle Creek deer hunt goes forward

November 26, 2014
Dave Stafford
A city-sponsored deer hunt at Indianapolis’ Eagle Creek Park will proceed this weekend after a judge refused to block the first such hunt in the park’s history.
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Enhancement to sentence upheld by COA

November 26, 2014
Marilyn Odendahl
Finding Indiana’s criminal gang enhancement statute can be understood by individuals of ordinary intelligence, the Indiana Court of Appeals rejected a man’s challenge to his 175-year aggregate sentence.
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Allegation of conspiracy not enough to support civil conspiracy claim

November 26, 2014
Marilyn Odendahl
A parts supplier failed to convince the Indiana Court of Appeals that a civil conspiracy claim against several co-defendants named in a breach of contract dispute can stand without showing every alleged conspirator committed an underlying unlawful act.
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Appeals panel offers direction to abusive pro se litigant

November 26, 2014
Dave Stafford
The Indiana Court of Appeals has heard about enough from pro se litigant Eddie G. Love.
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Man convicted of brutal beating loses appeal despite errors

November 26, 2014
Dave Stafford
A man who was convicted of the brutal beating of his stepfather lost an appeal Wednesday that argued his 2008 traumatic brain injury, prosecutorial misconduct and other factors should have reversed or mitigated his 20-year sentence.
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COA reverses custody evaluation granted to grandparents

November 26, 2014
Dave Stafford
A trial court that expressed in the record reservations about the legal status of granting a visitation evaluation sought by grandparents of children in the care or another grandparent had those doubts confirmed Wednesday when the Court of Appeals reversed.
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Man gets 11 years for $1M copper wire theft

November 26, 2014
 Associated Press
A northern Indiana man who admitted to stealing $1 million worth of copper wire from a recreational vehicle plant where he worked has been sentenced to 11 years in prison.
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Justice Ginsburg undergoes heart surgery

November 26, 2014
 Associated Press
Supreme Court of the United States Justice Ruth Bader Ginsburg has had surgery to place a stent in her right coronary artery.
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Tax Court records migrating to Odyssey

November 25, 2014
IL Staff
Indiana Tax Court records will migrate to the Odyssey case management system effective Dec.1, the first state appeals court to transfer records to the system. Records will be available at no charge online at mycase.in.gov.
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Constitutional guarantee at issue in Supreme Court bus fee case

November 25, 2014
 Associated Press
Indiana Supreme Court justices quizzed lawyers in a case over school busing fees Monday about the limit of the state's constitutional guarantee of a free public education.
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$1.75B justice center could stretch budgets

November 24, 2014
Kathleen McLaughlin
Mayor Greg Ballard's office has said the city intends to pay no more than about $50 million a year over 35 years for a proposed criminal justice facility, bringing the cost to about $1.75 billion.
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Perjury voids conviction; COA refers prosecutor for discipline

November 24, 2014
Dave Stafford
A St. Joseph County man’s burglary conviction was reversed Monday by the Indiana Court of Appeals. The state’s knowing use of perjured testimony to obtain the conviction led the panel to refer the case for possible disciplinary action against a prosecutor.
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Evidence does not support grandparent visitation order, COA rules

November 24, 2014
Marilyn Odendahl
Finding the evidence did not support the trial court’s ruling, the Indiana Court of Appeals tossed a visitation order in favor of the maternal grandparents.
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Indiana Supreme Court hearing bus fees case

November 24, 2014
 Associated Press
Indiana Supreme Court justices quizzed lawyers in a school busing fee case about the limit of the state's constitutional guarantee of a free public education.
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COA revises neglect of dependent conviction stemming from boy’s death

November 21, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s murder conviction following the death of his girlfriend’s son after he seriously injured the boy while punishing him. But the court reversed his Class B felony neglect of a dependent conviction based on double jeopardy concerns.
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Felony enhancement reversed because woman did not directly cause officer’s injury

November 21, 2014
Jennifer Nelson
The Indiana Court of Appeals on Friday reached a conclusion opposite from one reached by a previous panel of the court when the judges held a woman who was resisting arrest did not cause the officer’s injuries. The officer hurt his hand when he fell forcing the defendant to the ground.
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COA: Man entitled to have attorney present at small claim hearing

November 21, 2014
Jennifer Nelson
Finding that a businessman who was confused as to whether he needed his attorney to appear in a small claims case was denied the basic right of representation, the Indiana Court of Appeals reversed the denial of his motion for a continuance.
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Judges reverse probation revocation due to inadmissible evidence

November 21, 2014
Jennifer Nelson
Because a man’s probation was revoked based on unsubstantiated evidence, the Indiana Court of Appeals reversed the revocation Friday.
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Supreme Court ends JTAC, takes direct oversight of technology projects

November 20, 2014
Jennifer Nelson
Fifteen years after it was established by the Indiana Supreme Court, the justices have decided to retire the Judicial Technology and Automation Committee. The decision was in one of three orders handed down by the court Thursday.
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Judge rules man on death row not competent to be executed

November 20, 2014
Jennifer Nelson
A special judge in Johnson County has ruled that Michael Dean Overstreet is not currently competent to be executed.
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  1. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

  5. I would like to suggest that you train those who search and help others, to be a Confidential Intermediary. Original Birth Certificates should not be handed out "willie nillie". There are many Birth Parents that have never told any of their families about, much less their Husband and Children about a baby born prior to their Mother's marriage. You can't go directly to her house, knock on her door and say I am the baby that you had years ago. This is what an Intermediary does as well as the search. They are appointed by by the Court after going through training and being Certified. If you would like, I can make a copy of my Certificate to give you an idea. you will need to attend classes and be certified then sworn in to follow the laws. I still am active and working on 5 cases at this time. Considering the fact that I am listed as a Senior Citizen, that's not at all bad. Being Certified is a protection for you as well as the Birth Mother. I have worked with many adoptees as well as the Birth Parents. They will also need understanding, guidance, and emotional help to deal with their own lost child and the love and fear that they have had locked up for all these years. If I could talk with those involved with the legal end, as well as those who do the searches and the Birth Mothers that lost their child, we JUST might find an answer that helps all of those involved. I hope that this will help you and others in the future. If you need to talk, I am listed with the Adoption Agencies here in Michigan. They can give you my phone number. My email address is as follows jatoz8@yahoo.com. Make sure that you use the word ADOPTION as the subject. Thank you for reading my message. Jeanette Abronowitz.

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