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Medicaid expansion not dead but Legislature still divided

February 28, 2013
Marilyn Odendahl
When talking about expanding Medicaid under the provisions of the Affordable Care Act, both sides of the aisle in the Statehouse focus on the same point – costs.
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Settlement in works for teens expelled for online death threats

February 28, 2013
IL Staff
Griffith Public Schools and the three teens expelled from eighth grade because of a Facebook conversation are in the process of finalizing a settlement agreement, according to a joint status report filed Wednesday in federal court.
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Monroe County attorney sentenced for counterfeiting

February 28, 2013
IL Staff
Philip Chamberlain, a Clear Creek attorney accused of stealing from his clients, was sentenced to community service Tuesday by Monroe Circuit Judge Teresa Harper.
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Environmental groups lob new suit at I-69 work

February 28, 2013
Scott Olson
An Indiana environmental group once again is attempting to stop construction of the Interstate 69 extension between Evansville and Indianapolis by filing suit in federal court.
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COA upholds award of attorney fees but orders damages amount reduced against construction company

February 27, 2013
Jennifer Nelson
A claimed scrivener’s error on the Secretary of State’s website should not be held against the couple filing the lawsuit against a company, the Indiana Court of Appeals held. The error involving an incorrect address on the website was made by an employee of the company being sued more than two years before the suit was filed.
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Bill creating study of judicial retirement benefits moves to House

February 27, 2013
IL Staff
A Senate bill asking the Legislative Council to have the Pension Management Oversight Commission look at the retirement, disability and death benefits provided to judges and full-time magistrates passed out of the Senate Tuesday by a vote of 50-0.
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Judges uphold man’s convictions for stealing from neighbor

February 27, 2013
Jennifer Nelson
Lamont Holloway argued that the state didn’t prove that he was the one who stole a television and gaming system from his neighbor, but the Indiana Court of Appeals held that the evidence supports his burglary and theft convictions.
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Justices divided over vacating transfer in case seeking severance of offenses

February 27, 2013
IL Staff
Justice Robert Rucker wrote an 11-page dissent from his colleagues after three justices decided to vacate transfer to an appeal stemming from charges involving the alleged sexual assault of four victims.
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Law school’s environmental symposium features senior adviser to EPA

February 27, 2013
Indiana University Robert H. McKinney School of Law’s sixth annual spring environmental symposium on March 1 includes keynote speaker Cameron Davis, a longtime advocate for Great Lakes conservation.
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Man’s attempts to establish paternity denied

February 27, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed denial of a mother’s two motions to dismiss her child’s father’s paternity actions instituted after her husband attempted to adopt the child.
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Senate defeats DNA collection bill

February 27, 2013
IL Staff
Legislation that would require every person arrested after June 30 for certain crimes to submit a DNA sample failed to pass the Senate Tuesday.
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Long expects Criminal Code revision will get Senate approval

February 27, 2013
Marilyn Odendahl
Indiana’s first major rewrite of the state’s Criminal Code in more than 30 years is now in the hands of the Senate where the Senate leader believes it will ultimately be approved.
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Company loses inverse condemnation claim

February 27, 2013
Jennifer Nelson
The 17-month period beginning when a Terre Haute Board of Zoning Appeals ordered a company seeking a special exception to provide public water to surrounding homes and ending when that condition was overturned by a judge did not constitute inverse condemnation, the Indiana Court of Appeals held Wednesday.
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IDEM's application of new antidegradation rule raising ire

February 27, 2013
Marilyn Odendahl
After more than 10 years of protracted and, at times, contentious debate, Indiana finalized protections for some of its most clean waters. But less than a year after taking effect, a short letter denying an antidegradation application has unleashed criticism that the state is not implementing the rule as intended.
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Tracking fracking in Indiana

February 27, 2013
Dave Stafford
Recent laws provide regulations, but an effort for advance plan approval gains little traction.
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Lawyers worry about impact of court decision on premises liability

February 27, 2013
Dave Stafford
The fatal shooting of a guest in a Speedway motel by a former employee and the resulting civil litigation leaves the Indiana Supreme Court to decide whether arguments of common law or a 1980s statute governs the premises owner’s degree of liability. Trial and defense lawyers are paying keen attention.
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Bankruptcy ruling locks out insiders

February 27, 2013
Dave Stafford
A recent bankruptcy appeal tossing an Indianapolis shopping center’s reorganization plan further establishes that the control of equity in Chapter 11 cases will be subject to competitive bidding and that insiders might be out of luck.
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Giving felons a chance to wipe their records clean

February 27, 2013
Marilyn Odendahl
The Indiana General Assembly moving forward with expungement bill.
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COA instructs trial court to vacate 2 convictions of child molestation

February 26, 2013
Marilyn Odendahl
The Indiana Court of Appeals threw out two charges and sent a case back to the trial court after the state admitted that it did not intend to charge the defendant with four separate acts of child molestation.
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Franklin attorney dies suddenly from heart attack

February 26, 2013
IL Staff
A former Bartholomew County public defender died suddenly Feb. 23 in Columbus.
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Trial court denied due process in revoking probation

February 26, 2013
Dave Stafford
A man whose probation was revoked without an evidentiary hearing after he walked away from an inpatient alcohol treatment program imposed by the court will receive a new hearing.
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Consecutive sentences in drug buy case ruled inappropriate

February 26, 2013
Dave Stafford
A man sentenced to 40 years in prison after he sold crack cocaine to undercover agents in two separate controlled buys received an inappropriate punishment, the Court of Appeals ruled Tuesday.
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Felon’s convictions, multiple sentence enhancements affirmed

February 26, 2013
Dave Stafford
A sentence of 12 years with a year suspended was not inappropriate for a man who stole an idling car from a Lafayette convenience store and later resisted police, punched a police dog and threatened officers.
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Trouble with the Curves: Ex-husband still owes for franchise’s default

February 26, 2013
Dave Stafford
A couple’s failure to inform a landlord of their divorce doesn’t excuse the ex-husband from a default judgment on rent payments for a health club that his former wife continued to run.
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Overhaul of Criminal Code approved by House

February 26, 2013
Marilyn Odendahl
The bill rewriting Indiana’s Criminal Code gained approval of the House of Representatives Monday by an 80 to 13 vote. The measure now moves to the Senate.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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