Laws

Mother’s argument crushed by precedent

June 13, 2014
Marilyn Odendahl
The Indiana Court of Appeals upheld precedent in finding a mother who made sporadic child support payments over several years did fail to provide assistance for one entire year as outlined in state statute.
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Legal snags kill Community-Eskenazi hospital merger

June 13, 2014
IBJ Staff, J.K. Wall
Community Health Network and Eskenazi Health quietly called off their engagement months ago, when they found out federal laws effectively prohibited their marriage.
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Justices take certified question regarding dependents

June 12, 2014
IL Staff
The Indiana Supreme Court will determine what exactly the phrase “dependent upon such person” modifies. The high court accepted a certified question on the matter from the United States Bankruptcy Court for the Northern District of Indiana.
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Judges order protective order extension recalculated

June 11, 2014
Jennifer Nelson
Finding a 28-year extension of a protective order to be unreasonable, the Indiana Court of Appeals ordered the trial court to determine a “reasonable extension.”
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Dairy Queen did not discriminate against blind employee

May 28, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed summary judgment in favor of a firm that operates Dairy Queens in Indianapolis on a former employee’s claim the employer violated the Americans with Disabilities Act.
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Court must consider man’s motion to prohibit release of criminal record

May 27, 2014
Jennifer Nelson
Because a man filed his motion to prohibit the release of his criminal record before the Indiana Legislature repealed the relevant statute, the Indiana Court of Appeals ordered the Hancock Superior Court to consider the motion.
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Attempted child seduction case exposes gap in law

May 21, 2014
Dave Stafford
The Indiana Supreme Court is considering whether a teacher took a substantial step toward the crime of attempted child seduction when he sent explicit Facebook messages to a 16-year-old student and proposed arranging to meet for sex.
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Prosecutor’s lack of objection allows judge to modify sentence

May 14, 2014
Jennifer Nelson
In a case where a woman sought modification of her sentence more than a year after it was imposed, the Indiana Supreme Court found that the prosecutor’s conduct satisfied the “approval” requirement of Indiana Code 35-38-1-17(b).
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Justices to decide if defendant was ‘annoying’

May 12, 2014
Jennifer Nelson
The Indiana Supreme Court will decide whether the portion of the public intoxication statute enacted two years ago that uses the term “annoys” is void for vagueness, as the Indiana Court of Appeals held earlier this year.
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Indy mayor wins redistricting battle

May 7, 2014
Jennifer Nelson
The Indiana Supreme Court ruled in favor of Indianapolis Mayor Greg Ballard Wednesday in a dispute between the mayor and Democratic members of the city-county council who challenged a redistricting plan passed in late 2011.
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Same-sex plaintiffs argue the governor enforces marriage statute

May 5, 2014
Marilyn Odendahl
Plaintiffs in Love v. Pence, the first lawsuit filed in March challenging Indiana’s ban on same-sex marriage, filed their response to the state’s motion to dismiss their complaint, arguing the governor has the power to order county clerks to issue marriage licenses.
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Court hears arguments in same-sex marriage case

May 2, 2014
Marilyn Odendahl
A same-sex couple fighting to have Indiana recognize their marriage returned to court Friday to convince a judge the state’s ban on same-sex marriage is unconstitutional.
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Justice Department outlines new clemency initiative

April 23, 2014
IL Staff
The U.S. Department of Justice Wednesday announced its initiative to encourage qualified federal inmates to petition to have their sentences commuted or reduced by the president of the United States.
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Utica school preservationists win reversal, get day in court

April 21, 2014
Dave Stafford
Clark County residents who sued township officials over how a former school in the Ohio River community of Utica was being used will get to plead their case, the Indiana Court of Appeals ruled Monday, reversing a trial court order for the township.
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Statute requires state to pay attorney fees on inmate’s appeal

April 9, 2014
Jennifer Nelson
Indiana Code 33-37-2-4 requires the state to pay appellate attorney fees and expenses when an inmate commits a crime in a state correctional facility, the Indiana Court of Appeals held Wednesday.
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St. Joseph County plans events to mark passage of crime victims’ legislation

April 8, 2014
Marilyn Odendahl
The 2014 National Crime Victims’ Rights Week will commemorate the 30th anniversary of the passage of the Victims of Crime Act of 1984, a law that provides support services and compensation for crime victims.
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Official misconduct statute focus of Hardy appeal

March 31, 2014
Dave Stafford
Whether Indiana’s official misconduct statute is unconstitutionally vague was the question before an appeals court panel Monday that heard the state argue that criminal charges should be reinstated against the fired head of the Indiana Utility Regulatory Commission.
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IU Maurer professor argues ACA contraception mandate benefits women’s health and economic stability

March 25, 2014
IL Staff
Another battle over the Affordable Care Act goes before the Supreme Court of the United States today as the justices hear two cases challenging the contraception coverage mandate in the health care law.
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Justices affirm ‘safe harbor’ in Juvenile Mental Health Statute

March 24, 2014
Dave Stafford
A juvenile sex offender’s statements in a polygraph test during probation that he molested two more children may not form the sole basis to prove delinquency, the Indiana Supreme Court held Friday in affirming a trial court and rejecting the state’s appeal.
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Agency collecting credit card debt not a creditor, COA rules

March 21, 2014
Marilyn Odendahl
A debtor’s counterclaim that a collection agency violated the Indiana Uniform Consumer Credit Code by not obtaining a license was rejected by the Indiana Court of Appeals on the grounds that although the agency was trying to recover a debt, it was not a creditor.
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Justices: Mother entitled to attorney during CHINS proceedings

March 14, 2014
Jennifer Nelson
Because a mother was denied her statutory right to counsel during the course of child in need of services proceedings, and those proceedings directly flowed into the action to terminate her parental rights and adopt out her child, the Indiana Supreme Court vacated the judgment terminating her parental rights.
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Court properly denied dentist’s petition for judicial review

March 13, 2014
Jennifer Nelson
The Indiana Court of Appeals has affirmed the denial of a dentist’s petition for judicial review of a decision by the State Board of Dentistry which found he violated Indiana Code after a patient’s wisdom teeth surgery.
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Mental health statute limits state’s use of juvenile statements

March 12, 2014
Jennifer Nelson
Indiana’s Juvenile Mental Health Statute’s limited immunity prohibits both use and derivative use of a juvenile’s statements to prove delinquency, the Indiana Supreme Court ruled. The justices were able to come to the conclusion without addressing the question of the statute’s constitutionality.
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Federal suit filed against Indiana marriage statute

March 7, 2014
Marilyn Odendahl
While Indiana’s same-sex marriage amendment is on hold in the Legislature, a challenge to the state’s law banning same-sex marriage was filed March 7 in U.S. District Court for the Southern District of Indiana.
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Judge strikes Bloomington smoke-detector ordinance; similar measure pends in Indy

February 21, 2014
Dave Stafford
A judge’s recent ruling that struck a Bloomington ordinance requiring hard-wired smoke detectors in rental properties comes as the Indianapolis City-County Council considers raising the requirements for all dwellings in Marion County.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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