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Judge turns away challenge to smoking ordinance

March 7, 2013
IBJ Staff
A federal judge has denied a challenge to a smoking ordinance passed last year by the Indianapolis-Marion County City-County Council.
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Majority sides with hotel in lawsuit stemming from molestation

March 6, 2013
Jennifer Nelson
A divided Indiana Supreme Court affirmed summary judgment for a hotel, its owner and the hotel franchisor that the hotel’s insurance company had no duty to defend a civil complaint brought by a minor motel guest who was molested by an off-duty employee.
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School corporation’s renovation of building violated public bidding laws

March 6, 2013
Jennifer Nelson
The Indiana Court of Appeals ruled Wednesday that the Evansville Vanderburgh School Corporation’s renovation of a building to be used to house all administrative offices violated the state’s Public Bidding Laws.
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Law symposium to look at patient responsibility

March 6, 2013
IL Staff
This year’s Indiana Health Law Review Symposium at Indiana University Robert H. McKinney School of Law will explore patient responsibility as a key to improving the health care system.
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Justices: Use preponderance of evidence standard to find probation violation

March 6, 2013
Kimberly Heaton will have a new hearing on whether she violated the terms of her probation when she was charged with Class D felony theft. The Indiana Supreme Court vacated her probation revocation because a Madison Superior judge may have used the wrong legal standard to find the violation.
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Justices rule in favor of insurer in dispute over canceled policy

March 5, 2013
Jennifer Nelson
The Indiana Supreme Court affirmed summary judgment for American Family Insurance in a lawsuit filed by a couple after the insurer denied coverage for a 2003 fire at their home and voided the insurance policy from its beginning.
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U.S. Justice Clarence Thomas visits Notre Dame Law School

March 5, 2013
IL Staff
U.S. Supreme Court Associate Justice Clarence Thomas is at Notre Dame Law School Tuesday and Wednesday as the Judge James J. Clynes Visiting Chair. He will visit several law classes and speak with students and faculty.
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Senate panel to hear problem-solving courts, ‘sovereign citizen’ bills

March 5, 2013
IL Staff
Proposals to expand services offered by problem-solving courts and to attempt to curtail fraudulent liens and other tactics of so-called sovereign citizens will be heard Wednesday by the Senate Judiciary Committee.
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COA: Court properly denied instruction on innocence

March 5, 2013
Jennifer Nelson
A Lake Superior Court did not abuse its discretion in denying a jury instruction on the presumption of innocence submitted by a man on trial for murder and neglect of a dependent, the Indiana Court of Appeals ruled Tuesday.
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Man to get new trial because of counsel’s performance

March 4, 2013
Jennifer Nelson
Because the extent of prior bad acts admitted into evidence during a man’s trial in Hancock County was “breathtaking,” the Indiana Court of Appeals ordered he be retried on burglary and handgun charges.
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House committee to hear sex offender, immediate detention bills

March 4, 2013
IL Staff
The Senate Corrections & Criminal Law Committee meets Tuesday morning to hear four bills, including a bill altering registry requirements and procedures for sex offenses and sex offenders.
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Judge tosses suit against NCAA that reads ‘like a press release’

March 4, 2013
Dave Stafford
A federal judge on Friday dismissed several former college athletes’ attempt to bring a class-action lawsuit against Indianapolis-based NCAA, writing in a 25-page order that the complaint “reads more like a press release than a legal filing.” The judge left open the possibility that an antitrust claim may survive.
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Lampoon: Durham used $1M from company to pay attorney

March 4, 2013
J.K. Wall
A film company once headed by Indianapolis financier Tim Durham says he transferred $1 million to his Indianapolis lawyer, John Tompkins, while fighting federal securities fraud charges
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Judges uphold $600k sanction for contempt

March 1, 2013
Jennifer Nelson
After initially vacating a District judge’s $600,000 sanction against SonCo Holdings for contempt of court and remanding it to the lower court for more proceedings, the 7th Circuit Court of Appeals upheld the sanction Friday. 
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7th Circuit affirms kidnapping and extortion convictions, sentence

March 1, 2013
Jennifer Nelson
Finding no error in the admittance of three photo identifications of a defendant following charges of kidnapping and extortion, the 7th Circuit Court of Appeals upheld Lamar Sanders’ convictions and 25-year sentence Thursday.
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5 sitting jurists to judge moot court competition Friday

March 1, 2013
Jennifer Nelson
A panel of distinguished judges, including one from the 7th Circuit Court of Appeals, will be on hand Friday evening to hear final arguments in a case involving judicial recusal and eminent domain as part of the Indiana University Maurer School of Law Sherman Minton Moot Court Competition.
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Settlement talks set for Don Marsh severance dispute

March 1, 2013
Scott Olson
Lawyers for Marsh Supermarkets Inc. and its former CEO are set to meet Monday in hopes of finally ending their years-long court battle in which the company already has notched a partial victory.
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Allen Superior magistrate resigns suddenly

February 28, 2013
IL Staff
Allen Superior Magistrate Judge Marcia Linsky resigned Tuesday without prior notice.
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Judges uphold refund to pilot unhappy with plane rental’s service

February 28, 2013
Jennifer Nelson
A man who prepaid into an account to be used when he rented planes to fly is entitled to a refund of $1,755.88 from a company offering flight instruction and rentals, the Indiana Court of Appeals ruled. The judges rejected the company’s claims that the small claims court erred by ruling in the pilot’s favor.
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Rehearing sidesteps state’s claims in battery case

February 28, 2013
Jennifer Nelson
On a petition for rehearing, the state claimed a recent decision by the Indiana Court of Appeals held that “a social worker would always be a declarant in child abuse cases, even when the social worker is merely a scribe.” But the judges disagreed and decided that this particular case is not the proper one to make such a blanket determination.
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Man’s 100-year sentence for impregnating stepdaughter, dealing drugs upheld

February 28, 2013
Jennifer Nelson
After pleading guilty to child molesting and dealing in hydrocodone, a Dearborn County man was unable to convince the Indiana Court of Appeals Thursday that his 100-year aggregate sentence should be reduced.
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401(k) contributions are income for child support calculation

February 28, 2013
Jennifer Nelson
The Indiana Court of Appeals Thursday affirmed that the money a father contributed to his 401(k) account during his marriage may be included as income for purposes as determining child support.
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Amendment to law allows father to terminate child support

February 28, 2013
An amendment to Indiana Code last year lowering the age child support may be terminated to 19 trumped a previous dissolution decree that said a father must pay support for his son until he turns 21, the Indiana Court of Appeals has decided.
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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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  1. Where may I find an attorney working Pro Bono? Many issues with divorce, my Disability, distribution of IRA's, property, money's and pressured into agreement by my attorney. Leaving me far less than 5% of all after 15 years of marriage. No money to appeal, disabled living on disability income. Attorney's decision brought forward to judge, no evidence ever to finalize divorce. Just 2 weeks ago. Please help.

  2. For the record no one could answer the equal protection / substantive due process challenge I issued in the first post below. The lawless and accountable only to power bureaucrats never did either. All who interface with the Indiana law examiners or JLAP be warned.

  3. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  4. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  5. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

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