Laws

Weighing the ‘Right to Try’ law

July 15, 2015
Dave Stafford
A new law promising terminally ill patients access to trial drugs is no cure-all.
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Innovation in mobile health impacts law

July 15, 2015
Nicolas Terry
There is a health care revolution going on in your pocket and on your wrist, and it is one for which the legal system is ill-prepared.
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Law sending low-level offenders to counties raises questions

July 6, 2015
 Associated Press
Indiana counties are expecting to see increases in their inmate populations under a new law that will send low-level offenders to county jails, work release or home detention instead of to prison, the South Bend Tribune reported Sunday.
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Local efforts to limit Fourth of July festivities fizzle

July 1, 2015
Dave Stafford
Not everyone is having a blast over the explosion of fireworks use in Indiana in recent years. But local attempts so far to curb the concussions have bombed.
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Most new Indiana laws effective July 1

July 1, 2015
IL Staff
Read about the new laws passed during the 2015 session.
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Renewed fight expected over Indiana abortion clinic rules

June 11, 2015
 Associated Press
Indiana's push to place tougher restrictions on a Lafayette Planned Parenthood clinic that provides abortions only by using drugs, not surgery, could spark a new court fight under a revised law set to take effect in July.
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Court strikes down ‘born in Jerusalem’ passport law

June 8, 2015
 Associated Press
The Supreme Court of the United States struck down a disputed law Monday that would have allowed Americans born in Jerusalem to list their birthplace as Israel on their U.S. passports in an important ruling that underscores the president's authority in foreign affairs.
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New laws shelter attorneys-in-fact from liability in settling estates

June 3, 2015
Dave Stafford
How long heirs have to initiate an action arising from an attorney-in-fact’s final accounting of an estate has been an open question in Indiana, but a recent change in state law settles it. Mostly.
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Expected changes to Patriot Act better, says IU Maurer cybersecurity expert

June 1, 2015
Marilyn Odendahl
The failure of the U.S. Senate to reauthorize parts of the Patriot Act surprised cybersecurity expert Fred Cate, but he hesitated to describe the expiration of the legislation as a major shift in current policy.
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Court declines to rule on constitutionality of statute as it relates to auditors

May 26, 2015
Jennifer Nelson
Because the Marion County auditor does not have statutory or common law standing to appeal a property tax assessment board of appeals’ decision under Indiana Code 6-1.1-15-12 to the Indiana Tax Court, its judge, Martha Wentworth, held that the constitutional challenge raised regarding the statute will have to be decided another day.
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Gov. Mike Pence passes law to address vacant housing

May 11, 2015
 Associated Press
City officials in Indianapolis are applauding a law that Indiana Gov. Mike Pence signed last week that won't let municipalities hold banks responsible for upkeep on vacant homes.
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Pence signs bill repealing Indiana construction wage law

May 7, 2015
 Associated Press
Local boards will no longer set minimum wages for public construction projects in Indiana under a law signed Wednesday by Gov. Mike Pence.
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Pence signs bill tightening Indiana's state ethics laws

May 5, 2015
 Associated Press
Indiana Gov. Mike Pence has endorsed an overhaul of state ethics laws that requires greater financial disclosure by lawmakers and expressly prohibits elected officials from using state resources for political purposes.
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New law will give immunity to volunteer medical workers

May 5, 2015
 Associated Press
Doctors, nurses and other health care providers will have civil immunity for their volunteer work under a new Indiana law.
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Religious freedom turmoil likely to spill into next year

May 4, 2015
 Associated Press
The colorful fliers passed out by aides to Indiana Gov. Mike Pence and House Speaker Brian Bosma last week highlighted what both called numerous accomplishments of this year's legislative session.
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Revised sentence modification statute not applicable in defendant’s case

April 30, 2015
Jennifer Nelson
A trial court did not err in denying a man’s petition to modify his sentence after finding that the current version of the sentencing modification statute is not applicable to his sentence, which he began serving in 1989. The Indiana Court of Appeals panel relied on a January decision by its colleagues to affirm the denial of Mitchell Swallows’ petition.
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New Albany council to weigh in on religious objections law

April 6, 2015
 Associated Press
The revision of Indiana's religious objections law isn't stopping a southern Indiana city from considering a measure condemning the statute.
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Groups aim to further expand gay rights at state level

April 6, 2015
 Associated Press
Gay rights advocates are hoping to parlay the momentum from their legislative victories in Indiana and Arkansas this week into further expanding legal protections for gays and lesbians in those states and others.
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Indiana plans language to 'clarify' religious-objections law

March 30, 2015
 Associated Press
Indiana’s Republican legislative leaders said Monday they’re working on adding language to a new state law to make it clear that it doesn’t allow discrimination against gays and lesbians, while Democrats countered that a full repeal is the only way to stem the widespread criticism.
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Appeals panel affirms East Chicago library board must repay insurance premiums

March 9, 2015
Dave Stafford
A trial court properly ruled for the state when it ordered East Chicago Library Board members to repay more than $136,000 in health, dental, vision and life insurance premiums since state law says those members serve without compensation, the Indiana Court of Appeals ruled Monday.
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Professor says verdict highlights need for Congress to revisit terrorism law

February 24, 2015
Marilyn Odendahl
A historic $218.5 million verdict handed down Feb. 23 against Palestinian organizations for a series of terrorist attacks that killed or injured several U.S. citizens could bring unintended consequences and should cause Congress to reexamine federal terrorism statutes, according to a prominent Indiana legal scholar.
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Legislator: Sunday alcohol bill 'did not have the votes'

February 24, 2015
 Associated Press
Indiana will keep the distinction of being the last state with a "blue law" banning Sunday carry-out alcohol sales after the sponsor of a bill that would have lifted the ban said Tuesday the measure is dead.
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7th Circuit stresses holding Pavey hearing separate from summary judgment hearing

February 5, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment for the Indiana Department of Correction and its commissioner on a disabled inmate’s claims of violations of the Americans with Disabilities Act and the Rehabilitation Act. The judges also suggested that courts do not hold a Pavey hearing at the same time as a hearing on a motion for summary judgment.
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‘Spice’ law void for vagueness, divided panels rule

January 27, 2015
Dave Stafford
Divided Court of Appeals panels found Indiana’s “spice” law void for vagueness in two separate cases Tuesday.
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COA finds double-jeopardy violations in conviction of former secretary of state

December 29, 2014
Marilyn Odendahl
Former Indiana Secretary of State Charlie White, convicted of voter fraud and removed from office, had three of his six convictions overturned by the Indiana Court of Appeals Dec. 29 and will have to serve his sentence of one year of electronic home monitoring.
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  1. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  2. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

  3. A common refrain in the comments on this website comes from people who cannot locate attorneys willing put justice over retainers. At the same time the judiciary threatens to make pro bono work mandatory, seemingly noting the same concern. But what happens to attorneys who have the chumptzah to threatened the legal status quo in Indiana? Ask Gary Welch, ask Paul Ogden, ask me. Speak truth to power, suffer horrendously accordingly. No wonder Hoosier attorneys who want to keep in good graces merely chase the dollars ... the powers that be have no concerns as to those who are ever for sale to the highest bidder ... for those even willing to compromise for $$$ never allow either justice or constitutionality to cause them to stand up to injustice or unconstitutionality. And the bad apples in the Hoosier barrel, like this one, just keep rotting.

  4. I am one of Steele's victims and was taken for $6,000. I want my money back due to him doing nothing for me. I filed for divorce after a 16 year marriage and lost everything. My kids, my home, cars, money, pension. Every attorney I have talked to is not willing to help me. What can I do? I was told i can file a civil suit but you have to have all of Steelers info that I don't have. Of someone can please help me or tell me what info I need would be great.

  5. It would appear that news breaking on Drudge from the Hoosier state (link below) ties back to this Hoosier story from the beginning of the recent police disrespect period .... MCBA president Cassandra Bentley McNair issued the statement on behalf of the association Dec. 1. The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer Darren Wilson for shooting Michael Brown. “The MCBA does not believe this was a just outcome to this process, and is disheartened that the system we as lawyers are intended to uphold failed the African-American community in such a way,” the association stated. “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” http://www.thestarpress.com/story/news/local/2016/07/18/hate-cops-sign-prompts-controversy/87242664/

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