Legal News

Attorney questions if schools complied with Nativity ruling

December 15, 2015
 Associated Press
An attorney who filed a lawsuit that led to a federal judge banning a northern Indiana school district from including a live Nativity scene in its annual Christmas show says he believes the district's use of mannequins instead of student actors had many of the same constitutional flaws.
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Ex-Subway pitchman Jared Fogle appealing child porn sentence

December 15, 2015
 Associated Press
Former Subway pitchman Jared Fogle is appealing the more than 15-year prison sentence he received for possessing child pornography and having sex with underage prostitutes, which was longer than the maximum term prosecutors agreed to pursue as part of his plea deal.
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Study: Smaller counties driving jail population growth

December 15, 2015
 Associated Press
A study shows jail populations in mid-sized counties with populations of 250,000 to 1 million residents grew by four times and small-sized counties with 250,000 residents or fewer grew by nearly seven times since 1978. In that time large county jail populations grew by only about three times.
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Fraud claims against insurers wrongly dismissed

December 15, 2015
Dave Stafford
Plaintiffs who purchased cash-value life insurance policies for their employees and deducted those contributions on income taxes that were later disallowed were wrongly denied their day in court against the insurers.
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‘Inference of discriminatory motive’ in striking juror not reversible error

December 15, 2015
Dave Stafford
The Indiana Court of Appeals noted one of a prosecutor’s reasons for striking a prospective juror in a criminal case “raises an inference of discriminatory motive,” but this was insufficient to reverse a man’s felony resisting law enforcement conviction.
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7th Circuit upholds Indiana’s cold beer law

December 14, 2015
Marilyn Odendahl
Cold beer will continue to be sold only by licensed liquor stores in Indiana. The 7th Circuit Court of Appeals has upheld state law that prohibits convenience stores, gas stations and other retailers from selling beer cold.
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Justice Dickson honored at We the People dinner

December 14, 2015
Marilyn Odendahl
The Indiana Bar Foundation used its 2015 Civics Dinner to present the President’s Award to Dickson for his many years of service to the Supreme Court, the judiciary, the legal profession and the state.
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Reversal: Host owed duty to guest who died after drinking, fight

December 14, 2015
Dave Stafford
The host of a birthday party for her live-in boyfriend had a duty to render aid to a guest she saw unconscious after he’d been drinking and involved in a fight, the Indiana Court of Appeals ruled. The man later died.
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Justices block Alabama court order in lesbian adoption case

December 14, 2015
 Associated Press
The U.S. Supreme Court has sided with a lesbian mother who wants to see her adopted children, blocking an Alabama court's order that declared the adoption invalid.
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High court rejects LA appeal over $5.7M jury award to felon

December 14, 2015
 Associated Press
The justices on Monday let stand a lower court ruling that upheld the award to Robert Contreras, who was left paralyzed after police shot him multiple times when he fled the scene of a drive-by shooting in 2005.
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Justices: Kentucky death sentence wrongly overturned

December 14, 2015
 Associated Press
Justices ruled Monday that a federal appeals court was wrong to overturn Roger Wheeler's sentence based on the exclusion of a juror who expressed reservations about the death penalty.
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Banned live Nativity goes on with mannequins

December 14, 2015
 Associated Press
School officials say a federal judge's injunction only applied to a live scene and that they complied with the order.
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Southern Indiana county OKs riverboat revenue settlement

December 14, 2015
 Associated Press
The settlement calls for Switzerland County officials to deliver to Jefferson County within 10 days about $50,000 in economic development money they're currently holding.
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Counties in central Indiana address jail overcrowding

December 14, 2015
 Associated Press
Three central Indiana counties have been working over the past five years to address jail overcrowding by building or upgrading facilities.
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More proceedings necessary in mortgage foreclosure action

December 11, 2015
Jennifer Nelson
Because there are genuine issues of material fact as to the fair market value of a property at the time of sale and the true amount of indebtedness on a promissory note, a trial court erred in granting summary judgment in favor a bank on its foreclosure action, the Indiana Court of Appeals ruled Friday.
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Majority: Sex offender registration not ex post facto law

December 11, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the requirement that man convicted of a sex crime in Washington must also register as a sex offender in Indiana, finding the requirement is not an ex post facto punishment under the Indiana Constitution. But one judge disagreed, and would reverse his registration requirement.
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Speeding ticket tossed because of invalid Carmel ordinance

December 11, 2015
Jennifer Nelson
“Carmel’s wholesale adoption of chapters of Indiana Code resulted in its ordinance being nothing more than a ‘duplicate’ of already existing State law,” Court of Appeals Judge Melissa May wrote.
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Daughter’s emancipation leads to reduction in child support

December 11, 2015
Jennifer Nelson
A trial court should have reduced a father’s child support obligation to his three children because his daughter’s emancipation constitutes a substantial and continuing change, the Indiana Court of Appeals held Friday. The trial court denied the father’s motion because the amount of child support offered differed by less than 20 percent of the amount dictated by the Indiana Child Support Guidelines.
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Slavery labels sought for US goods as SEC reporting law mulled

December 11, 2015
 Bloomberg News
“This item may be the product of slave labor.” Those jarring words could end up on candy bar wrappers, packages of frozen shrimp and even cans of cat food if some California lawyers get their way.
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Family suing Marion County Sheriff over inmate's suicide

December 11, 2015
 Associated Press
The family of an Indianapolis man who apparently hanged himself in a Marion County Jail cell is seeking damages in a federal lawsuit against the sheriff's department.
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Suit challenges constitutionality of RFRA fix, local gay rights laws

December 10, 2015
IBJ Staff, J.K. Wall
The “RFRA fix” passed in April to quell discrimination fears about the Religious Freedom Restoration Act is now being challenged as unconstitutional by two organizations that were the most vocal proponents of the original legislation.
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Former Fogle associate gets 27 years for producing child pornography

December 10, 2015
 Associated Press
A federal judge has sentenced the former director of a charitable foundation started by ex-Subway pitchman Jared Fogle to 27 years in prison for producing child pornography that played a role in Fogle's criminal case.
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Court divided over drug sentence

December 10, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld a man’s convictions for making and delivering methamphetamine, but the judges did not agree that the 32-year sentence imposed by the trial court was appropriate.
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Lawyer loses fee appeal against defunct Stewart & Irwin

December 10, 2015
Dave Stafford
A lawyer who claimed his former law firm and its shareholders wrongly withheld fees he was contractually owed lost his appeal of a judgment in the firm's favor Thursday.
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Woman sentenced to 215 years for crash deaths loses PCR appeal

December 10, 2015
Dave Stafford
A woman who drove the wrong way on State Road 67 near Martinsville and collided with a minivan killing a man and six children in 2000 lost her post-conviction relief appeal Thursday.
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  1. Your article is a good intro the recent amendments to Fed.R.Civ.P. For a much longer - though not necessarily better -- summary, counsel might want to read THE CHIEF UMPIRE IS CHANGING THE STRIKE ZONE, which I co-authored and which was just published in the January issue of THE VERDICT (the monthly publication of the Indiana Trial Lawyers Association).

  2. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  3. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  4. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  5. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

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