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Senator files bill restricting educational credit time for sex offenders

January 16, 2013
IL Staff
Sen. Jim Merritt, R-Indianapolis, announced Wednesday that he has introduced legislation to revise the state’s education credit law for sex offenders. He said eight months ago that he would seek to change the law after a sex offender was released early after earning this type of credit.
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Lake Superior judge to be honored for service at MLK event

January 16, 2013
Jennifer Nelson
Gov. Mike Pence will recognize four people for their service and commitment to the community, including Lake Superior Judge Calvin D. Hawkins, at an event honoring the life and works of Martin Luther King Jr. Thursday at 12:30 p.m. at the Indiana Statehouse.
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Indiana Democrats trying to jumpstart conversation on health care

January 16, 2013
Marilyn Odendahl
A coalition of Democratic senators and representatives gathered at the Indiana Statehouse Wednesday morning to “jumpstart the conversation” on health care exchanges and Medicaid expansion.
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Sequestration would deepen staff cuts, chief judges warn

January 16, 2013
Dave Stafford
Federal courts that have squeezed staff as budgets shrank could be forced to furlough employees if Congress fails to avoid mandatory budget cuts that now are slated to take effect in March.
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Round 2 for hunting and marriage amendments

January 16, 2013
Marilyn Odendahl
Although changing the Indiana Constitution is not easy, attempts to amend are common and the 2013 session of the Indiana General Assembly could see two proposed amendments come to the floor for a second vote. One amendment would protect Hoosiers’ right to hunt while the other would restrict their right to marry.
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IU McKinney professor recognized for work in courtrooms and classrooms

January 16, 2013
Marilyn Odendahl
Indiana University Robert H. McKinney School of Law professor Joel Schumm never forgets his mother telling him that life is not fair. Still he wants to make it a little fairer.
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Smartphones replacing cash

January 16, 2013
Mobile payments are becoming popular, but consumers must proactively protect against fraud.
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Confronting shrinking interest rates

January 16, 2013
Kathleen McLaughlin
Investment strategists: Don't assume fixed-income means no risk
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Justices take 5 cases

January 15, 2013
Dave Stafford
The Indiana Supreme Court will weigh whether a student who resisted being handcuffed by a school resource officer merits adjudication as a delinquent for the equivalent of Class D felony resisting law enforcement.
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Property mortgagor, managers owed no duty in case of drowned girl

January 15, 2013
A trial court correctly dismissed a wrongful death case the mother of a 5-year-old girl filed against a mortgage company and other defendants after the child drowned in the pool of a house that had been abandoned.
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COA: Theft and auto theft adjudications didn’t violate single larceny rule

January 15, 2013
Dave Stafford
A teen lost an appeal challenging his adjudication as a delinquent on charges that would be theft and auto theft if committed by an adult violated the single larceny rule.
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Detailed settlement agreement not specific enough for son to claim funds

January 15, 2013
Marilyn Odendahl
Although a settlement agreement worked out between siblings included details about who would receive the comic books, the Indiana Court of Appeals ruled because the document did not specifically address the accounts receivable, one of the surviving sons would not be entitled to the money.
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Plank failed to preserve claim med mal cap is unconstitutional

January 15, 2013
Jennifer Nelson
The Indiana Supreme Court unanimously ruled Tuesday that Timothy Plank, who filed a medical malpractice complaint following the death of his wife in 2001, forfeited his opportunity to conduct an evidentiary hearing challenging the constitutionality of the Medical Malpractice Act.
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Borrower entitled to retrial on judgment, COA rules

January 15, 2013
Dave Stafford
A Steuben Circuit Court committed reversible error when it failed to admit into evidence an exhibit purporting to show that a borrower had repaid a $650,000 promissory note, the Indiana Court of Appeals ruled Tuesday.
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Father owes support to children conceived via artificial insemination

January 15, 2013
Dave Stafford
A father who contested a trial court order that he must pay child support for two children failed to convince the Court of Appeals that he did not consent to their conception through artificial insemination.
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COA: ‘Appalling character’ of deadbeat dad merits 10-year sentence

January 15, 2013
Dave Stafford
An Elkhart County father whose child support arrearage neared $57,000 lost his second appeal of a case that already has gone to the Indiana Supreme Court.
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Zoeller appoints Washington-based deputy AG

January 14, 2013
IL Staff
Indiana Attorney General Greg Zoeller has named a deputy who will monitor federal legislation and regulations in Washington that could impact the state.
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House Judiciary, Senate Corrections committees to meet

January 14, 2013
IL Staff
The House Judiciary Committee this afternoon is conducting hearings on a pair of bills, and the Senate Corrections and Criminal Law Committee will meet Tuesday.
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Zoeller takes oath for second term

January 14, 2013
IL Staff
Attorney General Greg Zoeller took the oath of office on Monday, officially beginning his second term.
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Ex-Chicago cop among 3 sentenced in Latin Kings prosecutions

January 14, 2013
IL Staff
The continuing federal prosecutions of the Latin Kings street gang that federal authorities have implicated in 19 murders resulted in a 19-year sentence for a former Chicago police officer.
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Volunteer judges needed for high school mock trial competitions

January 14, 2013
IL Staff
The Indiana Mock Trial program is putting out the call for volunteer judges to help with this year’s regional and state competitions as well as the national championship which will be held in Indianapolis in May.
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Judicial appointments made to Marion and Vanderburgh Superior courts

January 11, 2013
IL Staff
In one of his last official acts as governor of Indiana, Mitch Daniels appointed judges to the Vanderburgh and Marion Superior courts. When the two judges will assume their new duties has not been determined.
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Dickson to deliver first State of the Judiciary

January 11, 2013
IL Staff
Chief Justice Brent Dickson will deliver his first State of the Judiciary address to the Indiana General Assembly at 2 p.m. EST on Jan. 23.
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AG asks Supreme Court to review Gingerich conviction

January 11, 2013
Dave Stafford
The Indiana Court of Appeals reversal of an adult murder conspiracy conviction of a then-12-year-old should be reviewed by the state Supreme Court, Attorney General Greg Zoeller said in a statement late Thursday.
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Speedway agreement pledges ADA compliance

January 10, 2013
Dave Stafford
Indianapolis Motor Speedway announced Thursday it will pursue full compliance with the Americans with Disabilities Act in what an attorney involved in the matter said could be the largest settlement agreement under the 1990 law.
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  1. 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.

  2. 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?

  3. 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

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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