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Reversal: Kroger must face claim for filling script in wrongful death case

August 4, 2016
Dave Stafford
Kroger must face a claim that its potential negligence in filling a prescription contributed to the death of a woman after she sought treatment for acute bronchitis, the Indiana Court of Appeals ruled Thursday in a reversal.
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Judge thinks cop convicted of murder deserves new trial

August 4, 2016
Jennifer Nelson
A 7th Circuit Court of Appeals judge dissented from his colleagues’ affirmation of an Evansville police officer’s murder and arson convictions, believing the evidence presented by the state doesn’t support that the man started the fire at his ex-lover’s house.
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Split COA tosses robbery convictions pegged to cellphone data

August 4, 2016
Dave Stafford
A divided Indiana Court of Appeals ruled Thursday that cellphone users have a reasonable expectation to the privacy of their location information that’s tracked and collected by phone service providers. The majority’s holding reversed armed robbery convictions of an Ohio man found guilty of holding up two Dearborn County liquor stores.
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COA affirms plaintiff can’t succeed on environmental action claims

August 4, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed Thursday that based on the statute of limitations the owners of contaminated land can’t assert environmental claims against previous owners of the land who contributed to the contamination.
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Indiana Paralegal Association honors 5 members

August 4, 2016
IL Staff
The Indiana Paralegal Association Inc. recently presented five awards at its annual swearing-in and awards ceremony July 20 to members who have displayed exceptional abilities.
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COA senior judge reprimanded for OWI conviction

August 3, 2016
IL Staff
The Indiana Supreme Court reprimanded Indiana Court of Appeals Senior Judge William Garrard Wednesday, agreeing with the parties that this is the appropriate sanction for his recent operating while intoxicated conviction.
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Obama shortens terms for 214 prisoners

August 3, 2016
 Associated Press
President Barack Obama on Wednesday cut short the sentences of 214 federal inmates, including 67 life sentences, in what the White House called the largest batch of commutations on a single day in more than a century.
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Kentucky hires Indy law firm to probe former governor

August 3, 2016
 Associated Press
Kentucky Gov. Matt Bevin has approved a contract of up to $500,000 for an Indianapolis law firm to investigate his predecessor's administration.
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Inmates secure after setting fire at eastern Indiana jail

August 3, 2016
 Associated Press
Inmates are secured at an eastern Indiana county jail after officials say they started a fire to try to disable locks and access a common area.
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Pokemon goes to court in backyard monster trespassing case

August 3, 2016
 Bloomberg News
A New Jersey resident with a pocket monster in his backyard filed what may be the first lawsuit against Niantic Inc. and Nintendo Co. for unleashing Pokemon Go across the U.S., claiming that players are coming to his home uninvited in their race to “catch ’em all.”
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Interactive files federal patent suit against competitor

August 2, 2016
Susan Orr, IBJ Staff
Indianapolis-based Interactive Intelligence Inc. has filed a federal patent lawsuit against Avaya Inc., a competitor with which Interactive Intelligence also had a long-standing patent license agreement.
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Indianapolis sues emergency dispatch provider for $8.3M

August 2, 2016
Hayleigh Colombo, IBJ Staff
The city of Indianapolis is suing a North Carolina-based public safety software provider for breach of contract, saying it failed to adequately complete a job to install a new computer-aided dispatch system for police, fire and emergency use.
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Legislators plan to introduce bills to protect law enforcement and their families

August 2, 2016
IL Staff
Two Republican members of the Indiana General Assembly have announced just days apart their intentions to introduce legislation in response to recent threats against police officers and the shooting of an off-duty police officer’s home and squad car in Indianapolis.
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Judges divided over sentence review under Appellate Rule 7(B)

August 2, 2016
Jennifer Nelson
The majority on a panel of the Indiana Court of Appeals declared Tuesday that Indiana Appellate Rule 7(B) requires only that the court “consider” the nature of the offense and the offender’s character, not that the defendant necessarily prove both of those prongs. This led to a separate opinion calling the decision “significant.”
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Statute, plea agreement do not preclude converting felony to misdemeanor

August 2, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s decision to reduce a man’s Class D felony conviction following a guilty plea to theft in 2000 to a Class A misdemeanor 15 years later.
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State won’t appeal order blocking abortion law

August 2, 2016
Dave Stafford
A federal judge’s order blocking a divisive and restrictive abortion law signed this year by Gov. Mike Pence will not be appealed, Indiana Lawyer has learned. The decision not to appeal at this time effectively punts a decision on a possible future appeal to new state office-holders to be elected in November.
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Evansville paid $60,000 to city woman for SWAT raid

August 2, 2016
 Associated Press
The city of Evansville paid $60,000 to settle a lawsuit filed by a woman whose home was damaged during a SWAT raid in 2012 as police investigated online threats against officers.
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Defense attorney: Police took 1st suspect in student's death

August 2, 2016
 Associated Press
The attorney for a Bloomington man charged with killing an Indiana University student says her client is the innocent victim of an incomplete police investigation.
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Pocket US Constitution becomes best-seller after speech

August 1, 2016
 Associated Press
A pocket version of the U.S. Constitution has become a best-seller on Amazon.com.
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Justices decline newborn blood sample case

August 1, 2016
IL Staff
The Indiana Supreme Court will not hear the appeal of an Indiana couple who wanted their child’s blood, taken when she was born, destroyed instead of being stored by the state.
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E-filing mandatory in Franklin, Rush, Union counties Sept. 30

August 1, 2016
IL Staff
E-filing is now available in courts in Franklin, Rush and Union counties and will be mandatory in these courts beginning Sept. 30.
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Indiana continues to lead US in pharmacy robberies

August 1, 2016
 Associated Press
Indiana hasn't been able to shed its designation as the No. 1 state for pharmacy robberies despite some measures meant to protect the businesses.
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ABA poised to allow law students to get paid for externships

August 1, 2016
IL Staff
Law students may be able to take home a paycheck while earning academic credit at an externship under a proposal the American Bar Association House of Delegates will consider during the ABA’s annual meeting beginning Thursday in San Francisco.
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Task force recommends expungement filings go online

August 1, 2016
Dave Stafford
A panel advising the Indiana Supreme Court on which trial court records should go online has recommended that petitions seeking to expunge criminal records eventually be posted on the state court’s website for public case information.
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7th Circuit denies rehearing in Conour creditor suit

August 1, 2016
Dave Stafford
The long road for some victims to recover any of the settlement money former attorney William Conour stole from them may be closer to an end. The 7th Circuit Court of Appeals denied requests to reconsider the court’s decision putting Conour’s victims before a creditor who sued over a defaulted line of credit.
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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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