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In affirming conviction, justices clarify required meth evidence

November 14, 2014
Dave Stafford
Authorities improperly charged a man with meth manufacturing based on the volume of an intermediate mixture, but other evidence was sufficient to affirm his conviction of Class A felony manufacturing methamphetamine, the Indiana Supreme Court held Thursday.
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Government’s legal error requires another look at convictions

November 13, 2014
Jennifer Nelson
The United States government conceded on appeal that its treatment of vehicle titles and license plates as “property” from the perspective of Indiana in order to convict defendants of conspiracy to commit mail or wire fraud was a legal error. The 7th Circuit Court of Appeals reversed the convictions but did not foreclose the possibility of retrial.
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Agency record required for judicial review of agency action

November 13, 2014
Jennifer Nelson
A petitioner seeking judicial review of an agency action must file with the trial court the agency record as defined by the Administrative Orders and Procedures Act. Not doing so will result in dismissal of the petition, the Indiana Supreme Court unanimously ruled Thursday.
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COA upholds order man pay ex-wife’s appellate attorney fees

November 13, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s claim that the same standard for awarding attorney fees should apply regardless of the forum. The judges affirmed the order that he pay his ex-wife’s appellate attorney fees because he is in a better position than she is to pay them.
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School police justified in searching student’s backpack, COA holds

November 13, 2014
Jennifer Nelson
The search by school police of a student’s backpack was justified based on a teacher’s suspicion that the backpack may have contained drugs or weapons, the Indiana Court of Appeals ruled Thursday. The officer’s search turned up a gun.
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Law firm disqualified based on attorney’s previous representation of doctor

November 13, 2014
Jennifer Nelson
In a case involving the conflicts that arise and obligations that remain when lawyers move from one firm to another, the Indiana Court of Appeals concluded that a law firm hired to represent plaintiffs in a medical malpractice lawsuit must be disqualified based on an attorney’s prior representation of the doctor being sued.
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Judge urges high court to look at counsel assistance during state psychiatric exam

November 13, 2014
Jennifer Nelson
A judge on the Indiana Court of Appeals affirmed citing court precedent that a defendant who was to be examined by the state’s expert based on his insanity defense has no right to the presence of counsel during the psychiatric exam. But Judge Terry Crone argues the Indiana Supreme Court needs to take another look at this issue.
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2 charged with kidnapping woman want trials moved

November 13, 2014
 Associated Press
Attorneys for the two people charged with holding a southwestern Indiana woman captive for two months say they plan on asking for their trials to be moved to another county.
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New Indiana state senator sued by ex-employer

November 13, 2014
 Associated Press
A newly elected Indiana state senator is being sued by his stepmother's company over allegations that he misspent about $55,000 on himself.
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Former US attorney running for Indianapolis mayor

November 13, 2014
 Associated Press
Former U.S. Attorney Joe Hogsett invoked the spirit of the late Robert Kennedy Wednesday when he announced he's seeking the Democratic nomination for mayor of Indianapolis.
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US Supreme Court weighs state tax authority

November 13, 2014
 Associated Press
The Supreme Court of the United States on Wednesday considered placing new limits on how states can assess income tax on money that residents earn across state lines.
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Appeals court upholds burglary conviction but sends matter back to trial court

November 12, 2014
Jennifer Nelson
The Indiana Court of Appeals found sufficient evidence to conclude that a man’s house qualified as a dwelling, thereby supporting a defendant’s burglary conviction. But the judges sua sponte reviewed the trial court’s entry of judgment and sentencing order and decided to send the matter back to the lower court.
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COA: Judge should dismiss habeas petition

November 12, 2014
Jennifer Nelson
The Indiana Court of Appeals found a Henry County judge erred when he denied an inmate’s petition for habeas corpus challenging a disciplinary decision from the Indiana Department of Correction. The judge should have instead dismissed the petition.
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ABA to prosecutors: Don’t give official letterhead to debt collection companies

November 12, 2014
Jennifer Nelson
The American Bar Association released a formal opinion Wednesday warning prosecutors that providing official letterhead to a debt collection company for its use may violate Rules of Professional Conduct.
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OneAmerica pays $800K over fraud orchestrated by ex-employee

November 12, 2014
Cory Schouten, IBJ Staff
OneAmerica Securities Inc. has agreed to pay the state $805,000 to settle allegations it failed to supervise a former employee who helped orchestrate an $8.9 million Ponzi scheme in Ohio, Kentucky and southeastern Indiana.
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Ex-US attorney expected to announce mayoral bid

November 12, 2014
 Associated Press
Former U.S. Attorney Joe Hogsett is hours away from an announcement at which he's expected to launch his bid for Indianapolis mayor.
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Ivy Tech helps those with records get second chance

November 12, 2014
 Associated Press
Expungement clinic attendees were able to schedule meetings with Ivy Tech specialists, who will help them prepare the proper documentation to file expungement requests.
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Oral argument set for ex-Indiana elections chief

November 11, 2014
 Associated Press
The next step in former Indiana Secretary of State Charlie White's fight to overturn his voter fraud conviction is set for next month.
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Evansville Bar Association honors veterans

November 11, 2014
IL Staff
The Evansville Bar Association is hosting its 4th annual Veterans Day Celebration Tuesday to honor the men and women of the bar association who have served in the United States Armed Forces.
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Lawsuit aims to halt Eagle Creek Park deer hunt

November 11, 2014
Dave Stafford
A lawsuit filed by a longtime user of Indianapolis’ Eagle Creek Park seeks to stop the “illegal hunting and senseless slaughter of white-tailed deer” planned later this month in the municipal park.
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Indiana woman seeks dismissal of feticide charge

November 11, 2014
 Associated Press
A northern Indiana woman's lawyer is seeking the dismissal of a feticide charge she faces in the death of her baby whose body was found in a restaurant trash bin.
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Indiana high court suggests mediation in IBM case

November 10, 2014
 Associated Press
The Indiana Supreme Court is asking attorneys for the state and IBM Corp. to consider mediation to settle their dispute over IBM's failed attempt to privatize Indiana's welfare services.
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Mill not entitled to prejudgment interest on breach of contract claim

November 10, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a $36 million award to an East Chicago mill after a braking system failure led to the spillage of molten iron within the shop. But the judges reversed the grant of more than $3 million in prejudgment interest.
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COA: Standard of care same for all doctors

November 10, 2014
Jennifer Nelson
The Indiana Court of Appeals ruled in a medical malpractice claim brought by a former inmate who had gender reassignment surgery that the standard of care for doctors practicing inside prisons is the same as the standard of care for those practicing outside of prison.
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Governor declares November Adoption Awareness Month

November 10, 2014
IL Staff
Gov. Mike Pence has issued a proclamation declaring November as Adoption Awareness Month in Indiana.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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