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House panel passes bill lifting ban on Sunday alcohol sales

February 11, 2015
 Associated Press
An Indiana House committee has approved a bill that would lift the ban on Sunday carry-out alcohol sales while also placing new restrictions on grocery stores and pharmacies.
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Indianapolis lawyer wins $79M telecom verdict

February 11, 2015
Dave Stafford
An Indianapolis lawyer won a $79 million federal jury verdict for Missouri landowners who had not been compensated for fiber optic Internet cables a telecommunications company carried on power lines that crossed their property.
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Veterans court bill gets green light from Senate committee

February 11, 2015
Marilyn Odendahl
A bill that would establish veterans courts in every judicial district has passed the Senate Judiciary Committee and been reassigned to the Appropriations Committee.
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Couple needed expert testimony to show proximate cause in defective air bag suit

February 11, 2015
Jennifer Nelson
A couple suing Ford Motor Company, alleging their 2003 Mercury Mountaineer was defective because the air bags did not deploy in an accident, lost their case because they failed to designate expert testimony to support their claim.
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Panel issues 3 opinions on interplay between T.R. 15(C) and 17(F)

February 11, 2015
Jennifer Nelson
While the three judges on the Indiana Court of Appeals panel agreed summary judgment was proper for an Indianapolis attorney being sued for defamation and other claims because the statute of limitations had expired, each judge interpreted the interplay between Trial Rules 15(C) and 17(F) differently.
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Man fails to prove Supreme Court would rule against established caselaw

February 11, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the grant of an insurance adjuster’s motion to dismiss it from an injured man’s lawsuit alleging negligence in how it handled his case. The judges pointed out that the Indiana Court of Appeals has held that an insurance adjuster owes no legal duty to the insured and the plaintiff didn’t show that the Indiana Supreme Court would disagree with that decision.
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COA: Postnuptial agreement is enforceable

February 11, 2015
Jennifer Nelson
It is not a requirement that one party in a marriage must initiate divorce proceedings in order for the parties to later enter into a valid and enforceable reconciliation agreement, the Indiana Court of Appeals held Wednesday.
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Awarded guardianship fees overturned due to potential misconduct

February 11, 2015
Jennifer Nelson
Because a trial court did not look at whether fees requested by a man’s former guardians were necessary, the Indiana Court of Appeals reversed the order they receive more than $15,000 from his estate.
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MacArthur Foundation pledges $75M toward fixing US jails

February 11, 2015
 Associated Press
To reduce the number of people locked up in local jails around the U.S., the John D. and Catherine T. MacArthur Foundation announced it plans to give $75 million to local jail officials working on ways to remove nonviolent offenders, people too poor to afford bail and the mentally ill from behind bars.
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Publicity complicates jury selection for 3 major US trials

February 11, 2015
 Associated Press
Texas lived up to its reputation for swift justice by taking just three days to seat a jury for the trial of the man charged with killing the former Navy SEAL depicted in "American Sniper." But jury selection in two other major U.S. cases is taking much longer.
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Indiana bills to increase minimum wage go unheard

February 11, 2015
Dave Stafford
More than half of states in the U.S. have enacted laws increasing their minimum wages above the federal standard of $7.25 an hour, but the Indiana Legislature won’t even discuss it.
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Homeless Project enables attorneys to offer advice and guidance to shelter residents

February 11, 2015
Marilyn Odendahl
Residents in homeless shelters in Indianapolis are receiving legal advice and guidance through the Homeless Shelter Project. The program, now administered by the Indianapolis Bar Association, sends pairs of attorneys to a handful of shelters around the city every three weeks to meet with residents needing help.
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Legislature tinkers with new Indiana criminal code

February 11, 2015
Marilyn Odendahl
Two different stories by two different witnesses highlighted Indiana’s continuing struggles with its new criminal code.
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New class at Notre Dame gets students to think about technology’s impact

February 11, 2015
Marilyn Odendahl
Lawyers should not feel threatened by the new programs and websites that, in some cases, let lay people handle some of their legal issues, an attorney and legal technology entrepreneur says. In fact, the new technology actually allows lawyers to fill their true role as counselors.
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Odyssey vendor chosen to handle statewide e-filing

February 10, 2015
Dave Stafford
Tyler Technologies Inc., which contracts with the Indiana judiciary to provide the Odyssey case management system to courts around the state, has been selected as the vendor that will manage statewide e-filing in trial courts.
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Supreme Court issues order on removed Muncie judge

February 10, 2015
Dave Stafford
The Muncie City Court judge removed from office last month abused her authority by wrongly jailing defendants and attempting to silence critics in her courtroom, and disgraced the judiciary by using a racial slur in the streets, according to the Indiana Supreme Court order issued Tuesday.
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Amended complaint: Marion Co. sheriff re-arrests those freed

February 10, 2015
Dave Stafford
Released inmates in Indianapolis are subjected to a “standard operating procedure” of re-arrest and being held behind bars – sometimes for days – after being acquitted, freed by a judge or posting bond, alleges an amended federal complaint filed against the Marion County Sheriff’s Department.
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Senate panel backs absentee voter ID number proposal

February 10, 2015
 Associated Press
An Indiana legislative committee has backed a proposal that would require the use of voter identification numbers for mail-in absentee ballots.
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Indiana business opposes 'religious freedom' law Pence backs

February 10, 2015
 Associated Press
Indiana business differed with Gov. Mike Pence and some clergy Monday on a proposed law that supporters say would protect people and businesses from having to take part in same-sex weddings and other activities they find objectionable because of religious belief.
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Criminal code funding bill passes House committee

February 9, 2015
Marilyn Odendahl
The Indiana House Judiciary Committee has unanimously passed a funding bill that would provide the resources that many agree are necessary to reduce the number of nonviolent offenders who repeatedly reenter the criminal justice system.
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Justices add malpractice, adoption cases to docket

February 9, 2015
Dave Stafford
The Indiana Supreme Court will review summary judgment in favor of healthcare providers sued for medical malpractice in a stillbirth case as well as an adoption by a grandmother who claimed a 1997 conviction for neglect of a dependant should not automatically bar her from adopting the children.
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Appeals panel reinstates med-mal case

February 9, 2015
Dave Stafford
A trial court erred in granting summary judgment to a hospital and a doctor who performed a hysterectomy during which an arm board became unattached. After the patient’s arm dangled for much of the surgery, she was diagnosed with nerve damage in her arm.
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COA: Ex-husband entitled to legal fees for former wife's contempt

February 9, 2015
Dave Stafford
The ex-husband in an acrimonious domestic relations case is entitled to $9,000 in legal fees a trial court awarded to him as well as judgments in his favor on parenting time and child support, the Indiana Court of Appeals ruled Monday.
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Double jeopardy lifts 2 of burglar’s multiple convictions

February 9, 2015
Dave Stafford
A man who repeatedly broke into property and stole tools and items being used to renovate a long-vacant farmhouse likely will remain sentenced to 50 years in prison, even though the Indiana Court of Appeals vacated two of his convictions as violations of the prohibition against double jeopardy.
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Mom claims agent framed her in son's death, sues government

February 9, 2015
 Associated Press
A woman who was wrongfully convicted of murdering her 3-year-old son is suing the government and alleges a federal officer helped investigators frame her for the crime.
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  1. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  2. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  3. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  4. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  5. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

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