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Strong smell of marijuana makes strip search justified

January 16, 2015
Marilyn Odendahl
Although the man was arrested for a misdemeanor, the strong odor of marijuana that engulfed him gave law enforcement officers justification to conduct a strip search and did not violate his constitutional rights.
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Justices toss attempted murder conviction due to jury instruction

January 16, 2015
Dave Stafford
An Anderson gang member convicted of attempted murder will get a new trial after the Indiana Supreme Court vacated the judgment because jurors received erroneous instructions.
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14-year-old Indianapolis firm recreates itself with addition of name partner

January 16, 2015
Marilyn Odendahl
Hoover Hull founding partners John David Hoover and Andrew Hull, along with Wayne Turner, former chair of the litigation group at Bingham Greenebaum Doll, announced Friday that they are creating a new law firm focused on business litigation.
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Regional mock trial and moot court competitions need volunteer judges

January 16, 2015
Marilyn Odendahl
Volunteers are needed to serve as judges for the moot court and mock trial competitions to be held as part of the Midwest Black Law Students Association’s conference next month in Indianapolis.
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Nativity lawsuit brings new county ordinance

January 16, 2015
Marilyn Odendahl
Franklin County Board of Commissioners approved a “public forum ordinance” this week in response to the ongoing lawsuit over a nativity scene displayed on the county’s courthouse lawn during the holiday season.
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Appeals panel affirms CHINS adjudication

January 16, 2015
Dave Stafford
Two children were properly adjudicated in need of services, the Indiana Court of Appeals concluded in affirming a trial court.
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Federal courts warn of threatening jury duty scam calls

January 16, 2015
IL Staff
Federal courts are warning residents of scam phone calls threatening prosecution for failure to comply with jury service, according to an alert released Thursday by the U.S. District Court for the Southern District of Indiana.
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Justices uphold convictions in second trial after partial deadlock

January 15, 2015
Dave Stafford
The Indiana Supreme Court Thursday upheld the convictions of a man involved in a fatal drunken-driving crash. The defendant was retried on all charges after a jury convicted him on some counts and deadlocked on others.
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$1.8M verdict against Walgreen for pharmacist’s data breach stands

January 15, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected Thursday several claims raised by Walgreen Co. on rehearing, holding that the company and its pharmacists are liable for damages sustained by the plaintiff after the pharmacist divulged her prescription records to a third party.
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Counsel’s ‘risky’ trial strategy is not considered ineffective

January 15, 2015
Jennifer Nelson
A trial attorney who decided to pursue a trial strategy in a theft case that did not request a jury instruction on the lesser-include offense of criminal conversion did not provide ineffective assistance of counsel, the Court of Appeals ruled.
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COA reverses sentence based on a ‘suspect enhancement’

January 15, 2015
Jennifer Nelson
Finding that a judge was clearly influenced by a jury’s not-guilty decision on another drug charge when he sentenced a defendant for cocaine possession, the Indiana Court of Appeals ordered the man’s sentence reduced.
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Full 7th Circuit declines to rehear right-to-work appeal

January 15, 2015
Jennifer Nelson
An even split among all of the 7th Circuit Court of Appeals judges as to whether to rehear an appeal challenging Indiana’s right-to-work law means that its previous affirmation of the law will stand.
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Teacher fired for in vitro seeks attorney fees

January 15, 2015
 Associated Press
A teacher who won a lawsuit against the Roman Catholic Diocese of Fort Wayne-South Bend after being fired for trying to get pregnant through in vitro fertilization is now seeking about $756,000 in attorney fees.
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Lawmakers: Longer sentences, more police will deter crime

January 15, 2015
 Associated Press
Harsher sentences and an increased police presence can help fight crime in Indiana, Republican state senators said Wednesday.
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Rush proposes business court, makes pitch for e-filing funding

January 14, 2015
Dave Stafford
In her first State of Judiciary speech, Indiana Chief Justice Loretta Rush on Wednesday said the judiciary is “currently working on the development of a business court model focused on complex commercial litigation,” and urged the General Assembly to help fund the courts’ electronic filing initiative.
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Author and death penalty opponent Sister Helen Prejean calls for judicial reform

January 14, 2015
Marilyn Odendahl
When she became pen pals with an inmate on Louisiana’s death row, Sister Helen Prejean said she did not know much about the law or the U.S. Constitution. She was not aware of constitutional protections or how the Supreme Court of the United States was interpreting them.
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7th Circuit upholds use of GPS unit on car in 2011

January 14, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s claim that his motion to suppress drugs and guns found by police at a storage locker through the use of a GPS unit should have been granted because attaching the device to his car for purposes of gathering information was a search under the Fourth Amendment.
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Senate panel advances bill to open adoption records

January 14, 2015
Dave Stafford
Advocates of opening Indiana’s adoption records won an emotional first round Wednesday as a Senate panel advanced legislation that for the first time would open birth records of hundreds of thousands of Hoosiers.
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Pence troubled by report Guard mishandled domestic case

January 14, 2015
 Associated Press
Gov. Mike Pence is troubled by allegations that the Indiana National Guard mishandled a domestic violence case and will review a Pentagon report on the matter, his spokeswoman said.
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Court orders termination of spousal maintenance following ex-wife’s remarriage

January 14, 2015
Jennifer Nelson
A woman who remarried and now has substantial income and assets as a result of that marriage is no longer entitled to spousal maintenance, the Indiana Court of Appeals ruled Wednesday.
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Teen injured in stage collapse loses challenge of tort liability

January 14, 2015
Jennifer Nelson
A Cincinnati girl who was injured when a concert stage collapsed in 2011 at the Indiana State Fair and later declined to settle with the state lost her challenge that the tort claim caps are unconstitutional, ruled the Indiana Court of Appeals Wednesday.
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COA reverses in part judgment for agents on man’s insurance claim lawsuit

January 14, 2015
Jennifer Nelson
Finding the owner of a home that burned designated additional evidence which created a genuine issue of material fact, summary judgment should not have been awarded to agents on his claim, the Indiana Court of Appeals held.
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Woman can sue Evansville over bungled SWAT raid

January 14, 2015
Dave Stafford
A woman who was 68 years old when her home was raided in 2012 by an Evansville SWAT team tracking down online threats against police can sue the city for unreasonable use of force, a federal judge has ruled.
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‘Settlement Week’ helped to change public policy in civil cases

January 14, 2015
Dave Stafford
Lawyers 25 years ago had a radical concept: Let’s see how many civil lawsuits we can settle in a week.
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Innovative networking tool connects lawyers across practices

January 14, 2015
Holly Wheeler
Some are good at networking, others not so good. With the development of the Indianapolis Bar Association’s Indy Attorneys Network Section, lawyers old and new, those skilled at networking and those not as adept, have found there are always opportunities to meet and connect with colleagues and that doing so builds camaraderie and strengthens the local legal community.
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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

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