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COA: Felon’s right to bear arms was not reinstated

December 9, 2016
Olivia Covington
A trial court judge’s statement that he was not going to prevent a convicted felon from possessing a firearm at his post-conviction hearing is not the equivalent of the reinstatement of the man’s right to bear arms, the Indiana Court of Appeals found Friday.
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COA reinstates personal injury suit against company, driver

December 9, 2016
Olivia Covington
A negligence case against an Indianapolis heating and air conditioning company will be reinstated after the Indiana Court of Appeals found that summary judgment in favor of the company was inappropriate.
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Washington state suing agrochemical giant over PCB pollution

December 9, 2016
 Associated Press
Washington has become the first U.S. state to sue the agrochemical giant Monsanto over pervasive pollution from PCBs, the toxic industrial chemicals that have accumulated in plants, fish and people around the globe for decades. The company said the case "lacks merit."
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4 Evansville officers who were suspended won't face charges

December 9, 2016
 Associated Press
A prosecutor won't charge four Evansville police officers who were suspended following an October arrest.
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Dylann Roof laughed during church slaying confession to FBI

December 9, 2016
Dylann Roof hesitated for about 20 seconds when an FBI agent asked him what he was doing on the night nine black church members were killed during Bible study in a historic congregation in Charleston, South Carolina.
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Indiana man charged with killing father claims self-defense

December 9, 2016
 Associated Press
A northeast Indiana man charged with killing his father alleges he fired the fatal shots because he feared for his life.
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COA affirms mom’s convictions targeting stepmom

December 9, 2016
Olivia Covington
The Indiana Court of Appeals affirmed a mother’s intimidation convictions Friday, writing that her children’s stepmother had lawful custody of the children, so the mother’s threats against the woman constituted intimidation based on a prior lawful act.
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COA reaffirms decision imposing sanctions on mental health service provider

December 9, 2016
Olivia Covington
The Indiana Court of Appeals has reaffirmed an earlier decision finding that sanctions against a mental health provider were warranted, making clear Friday that it fully understood why the sanctions were imposed.
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Hearing set for Chicago man denied pardon by Pence

December 9, 2016
 Associated Press
A Chicago man denied a pardon by Gov. Mike Pence for a robbery he said he did not commit will get a hearing in March for his request for a new trial.
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7th Circuit affirms dismissal of claims against Indiana, Marion County officials

December 9, 2016
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the dismissal of claims against several Indiana state and county officials, finding that most of the claims failed due to the immunity provided to government employees in the scope of their employment.
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Justices weigh cellphone data privacy rights in 4th Amendment case

December 8, 2016
Olivia Covington
When people turn on their cellphones, they have a general understanding that some data regarding their whereabouts will be collected. But if a person does not know the extent to which that data is collected, then can the court say that such data was voluntarily released by the person, or is there an expected right to privacy?
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4 Indiana cities seek dismissal of LGBT protections suit

December 8, 2016
 Associated Press, IL Staff
Four Indiana cities have asked the Indiana Court of Appeals to overrule a judge’s ruling allowing conservative groups to go ahead with a lawsuit challenging anti-discrimination ordinances.
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Allen becomes latest Indiana county to offer needle exchange

December 8, 2016
 Associated Press
The Fort Wayne-Allen County Department of Health said Wednesday the Allen County Syringe Services Program opened in early November and has seen a few visitors. The department says it didn't advertise the opening of the program because it believed a soft opening was the best way to get the word out to those affected.
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2 face life sentences in Newton County slayings

December 8, 2016
 Associated Press
Prosecutors intend to seek sentences of life without parole for two 24-year-old men facing murder, theft and other charges in the slayings of three people in northwestern Indiana.
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COA: Law enforcement may not refuse to hire based solely on expunged criminal histories

December 8, 2016
Olivia Covington
The Indiana Court of Appeals ruled Thursday that law enforcement agencies are not permitted under state statute to refuse to hire new employees solely because those people have prior criminal histories that have since been expunged.
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Court abused discretion in letting public defender withdraw appearance

December 8, 2016
Olivia Covington
An attorney seeking a motion to withdraw appearance had to prove there was justification for his withdrawal and provide sufficient notice to the party he represented before the motion could be granted, the Indiana Court of Appeals found Thursday.
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Forest Alliance sues to stop Crown Hill cemetery project

December 8, 2016
IBJ Staff
The controversy over the U.S. Department of Veterans Affairs’ plans to develop a military cemetery with a series of above-ground columbariums on 15 wooded acres north of Crown Hill Cemetery in Indianapolis has ended up in court.
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COA holds public trust rights rule along lakeshore

December 7, 2016
Olivia Covington
When a private property owner’s land deed overlaps with that of the public trust along Lake Michigan, the rights to the shore are controlled by the common law public trust doctrine, the Indiana Court of Appeals found Wednesday in a landmark decision that prevents private property owners from exerting complete control over lakeshore land between ordinary high- and low-water marks.
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Barnes & Thornburg’s Elkhart attorneys relocate closer to pulse of RV industry

December 7, 2016
Marilyn Odendahl
Barnes & Thornburg LLP attorneys in Elkhart are settling into new digs, having left the downtown office they called home since 1996 and moving closer to the growing industrial corridor of the city’s recreational vehicle base.
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COA holds that volunteer work was incidental to man’s employment

December 7, 2016
Olivia Covington
A general contractor’s volunteer work was incidental to his professional employment, so the injuries he sustained during the volunteer work must be covered under the Indiana Worker’s Compensation Act.
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COA affirms lifetime suspension of driving rights

December 7, 2016
Olivia Covington
A man who was caught driving with a suspended license cannot challenge the legality of the lifetime suspension of his driving privileges because the law in effect at the time of his arrest required the lifetime suspension, the Indiana Court of Appeals found Wednesday.
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COA reverses handgun conviction after state failed to meet burden of proof

December 7, 2016
Olivia Covington
The state failed to meet its burden of proof to show that an Indianapolis man was carrying a handgun without a license outside of his dwelling, workplace or property, the Court of Appeals found Wednesday, thus vacating the man’s misdemeanor conviction.
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Lawmakers push for DNA collection from felony arrestees

December 7, 2016
IL Staff
A bipartisan group of lawmakers Tuesday announced legislation that would require collection of DNA from people arrested for a felony. The proposed legislation will be introduced in the 2017 session of the Indiana General Assembly.
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‘Strict compliance’ with contempt statute not required if sufficient notice is given

December 7, 2016
Olivia Covington
A majority of the justices of the Indiana Supreme Court found Tuesday that strict compliance with a state statute regarding contempt orders can be excused if the party in contempt has been sufficiently notified of their contempt, thus affirming a trial court decision requiring an ex-husband to produce income and tax documents for his ex-wife.
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Ex-Indiana jail administrator admits to stealing $260,000

December 7, 2016
 Associated Press
A former Monroe County jail administrator has pleaded guilty to embezzling more than $260,000 in county money.
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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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