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Specificity requirement does not extend to limitations of liability, 7th Circuit rules

June 3, 2013
Marilyn Odendahl
The 7th Circuit Court of Appeals has ruled that a contract clause limiting liability stands because the two commercial entities that entered into the agreement were sophisticated and knowingly negotiated the terms.
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Divided COA adds to difference of opinion on partial consecutive sentences

June 3, 2013
Dave Stafford

The Indiana Court of Appeals issued a 2-1 opinion Monday that further deepened an appellate divide on whether judges may impose partially consecutive sentences.

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Justices take grandparent visitation, divorce cases

June 3, 2013
Dave Stafford
Cases involving grandparents’ visitation rights and modification of parental custody orders have been added to arguments that will be heard by the Indiana Supreme Court.
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Jurors may be asked mental health, suicide questions in Shuai case

May 31, 2013
Dave Stafford
Potential jurors in the high-profile trial of a Chinese immigrant charged with murder for the death of her newborn daughter won’t have to disclose their religious or political views, but they will be asked whether they or people close to them have been treated for mental health issues, suffered the loss of an infant or attempted suicide.
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Justices rule defendant’s confession came under ‘increasing coercive pressure’

May 31, 2013
Marilyn Odendahl
Incriminating statements made to detectives during an early morning interrogation in the county jail have been thrown out by the Indiana Supreme Court because the defendant had invoked his right to counsel at an interrogation two days before.
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Contempt conviction for failure to testify affirmed

May 31, 2013
Dave Stafford
A woman who refused to answer questions about another criminal defendant after she was granted immunity was not wrongly convicted of contempt of court, an appellate panel ruled Friday.
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Appeals court tosses 1 of man’s 6 drug convictions

May 31, 2013
Dave Stafford
A man found guilty of multiple drug charges will have one conviction vacated because he was subjected to double jeopardy, the Court of Appeals ruled Friday.
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Appeals court reinstates trucker’s wrongful death suit

May 31, 2013
Dave Stafford
A trial court erred in granting summary judgment for an axle manufacturer sued by the estate of a contract truck driver who died when a load fell on him in an accident that occurred while the facility was closed.
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Justices vacate transfer in pot bust case heard in Merrillville

May 31, 2013
Dave Stafford
A divided appellate court ruling upholding a marijuana conviction resulting from a tip that led to a traffic stop will stand after the Indiana Supreme Court vacated transfer.
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Justice, probation officer appointed to children’s commission

May 31, 2013
IL Staff
Indiana Chief Justice Brent Dickson has appointed Justice Loretta Rush and Henry County Chief Probation Officer Susan Lightfoot to the newly created Commission on Improving the Status of Children in Indiana. He made the appointments Wednesday.
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Judge sets hearing on Conour bond revocation bid

May 31, 2013
Dave Stafford
A judge Thursday set a hearing to determine whether former personal injury attorney William Conour will remain free pending his federal wire fraud trial.
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Judge’s opinion keeps colleague in suspense

May 30, 2013
Jennifer Nelson
7th Circuit Court of Appeals Judge Richard Posner had a fellow judge on the edge of his seat Thursday waiting to see how the opinion in a murder case would be decided. The court upheld a prisoner’s conviction of first-degree murder of the prisoner’s cellmate.
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COA: Social worker able to testify as expert witness

May 30, 2013
Jennifer Nelson
A social worker who testified about a parenting assessment at a termination of parental rights hearing was properly allowed to testify as an expert witness, the Indiana Court of Appeals ruled, because the Indiana Rules of Evidence control. The judges affirmed the termination of a mother’s parental rights to her two young sons.
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Ephedrine database allowable under business record hearsay exception

May 30, 2013
Jennifer Nelson
The Indiana Court of Appeals held Thursday that a National Precursor Log Exchange report documenting the purchases of ephedrine and pseudoephedrine by a defendant are allowed into evidence under the business record exception to the hearsay rule.
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Aromatherapy distributors challenge new 'look-alike' synthetic drug law

May 30, 2013
Jennifer Nelson
Four companies that sell novelty items, aromatherapy products and other items have filed a lawsuit against Indiana’s prosecutors, alleging a newly enacted law that makes it illegal to possess or deal “look-alike” synthetic drugs is unconstitutional.
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Insufficient notice voids tax deed

May 30, 2013
Jennifer Nelson
The Indiana Court of Appeals found a Carroll County man should be allowed to make a redemption payment to obtain five parcels of real estate owned by his mother that were put in a tax sale. The failure to comply with the statutes governing tax sales and redemption rendered void a tax deed on the properties assigned to someone else.
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Man ineligible to bring belated appeal

May 30, 2013
Jennifer Nelson
Because his guilty plea included a fixed sentence, a man who pleaded guilty to a drunken-driving charge is precluded from challenging his sentence by direct appeal, the Indiana Court of Appeals ruled. This also prevents him from challenging his sentence under Ind. Post-Conviction Rule 2.
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First Merchants Bank accused of overdraft fee violations

May 29, 2013
Chris O'Malley
A lawsuit alleges that Muncie-based First Merchants Bank manipulated the timing of customers’ transactions to cause their checking accounts to bounce more frequently, generating millions of dollars in overdraft fees.
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COA addresses first impression issue regarding education under civil rights law

May 29, 2013
Jennifer Nelson
The Indiana Court of Appeals – with one judge reluctantly doing so – affirmed a decision by an administrative law judge that found a religious organization unlawfully retaliated against a family by expelling them from the homeschooling group. The expulsion occurred after the family sought a dietary accommodation for their teenage daughter at a social event and later filed a complaint with the Indiana Civil Rights Commission.
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Federal judge keeps alive Rock case vs. NCAA

May 29, 2013
Dave Stafford
A federal judge has left the door open for a former Division I college football quarterback to pursue his claim that the NCAA constitutes an illegal college sports monopoly, allowing him to amend a complaint that had been dismissed.
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Judges rule cop won't have new trial on murder, arson charges

May 29, 2013
Jennifer Nelson
An Evansville police officer who killed his mistress more than 20 years ago wasn’t able to convince the Indiana Court of Appeals Wednesday that he is entitled to post-conviction relief.
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Ex-wife not required to pay attorney fees under FDCPA

May 29, 2013
Jennifer Nelson
A woman does not have to pay the attorney fees for her ex-husband after she sought more than $135,000 in owed child support after he failed to pay for 16 years, the Indiana Court of Appeals ruled. The trial court ordered her to pay the fees under the Fair Debt Collection Practices Act.
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Against court orders, Conour auctioned art for $10k

May 28, 2013
Dave Stafford
Former personal injury attorney William Conour claims his ex-wife is in possession of most of the items the government says are missing from his Carmel home, but he acknowledged auctioning sculptures for $10,000 in an apparent violation of bond conditions in his federal wire fraud case.
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DLGF ordered to decide whether loan determination is unconstitutional

May 28, 2013
Jennifer Nelson
The Indiana Tax Court Friday sent a case back to the Department of Local Government Finance for it to take another look at its approval of a $400,000 loan for a fire truck to be paid entirely by residents of a Morgan County township. Some residents argued that because the truck would be used by other townships, it’s unconstitutional to order them to be solely responsible for the loan.
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US Supreme Court declines to take Indiana Planned Parenthood cases

May 28, 2013
Jennifer Nelson
The Supreme Court of the United States on Monday denied certiorari to two cases stemming from an Indiana law disqualifying a health care provider in participating in a government program because it provides abortion care.
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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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