Legal News

Lawyer invokes ADA in discipline case after crime

July 13, 2016
Dave Stafford
A northeastern Indiana lawyer who allegedly “terrified” a woman who rejected his romantic advances contends in his resulting attorney discipline case that he had an undiagnosed mental illness. Because of that, he argues that an Indiana Supreme Court sanction against his license to practice law would violate the Americans with Disabilities Act.
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Program helps ex-offenders steer clear of jail

July 13, 2016
Marilyn Odendahl
Pilot project in Marion County Reentry Court seeks to lift driver’s license suspensions.
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Blagojevich resentencing: Judge to mull opposing portraits

July 12, 2016
 Associated Press
Federal prosecutors are asking a judge to order former Illinois Gov. Rod Blagojevich to serve his entire 14-year prison term when he returns to court for resentencing next month. But his attorneys want about nine years lopped off the sentence of the man they say has been a model prisoner who's tutored, taught and counseled fellow inmates while also forming an Elvis-inspired rock band.
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Judge tosses murder charge against man jailed 22 years

July 12, 2016
 Associated Press
A New Jersey man who served 22 years behind bars before his murder conviction was overturned has been freed from prison.
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Brutal Indy home invasion leader gets sentence tweak

July 12, 2016
Dave Stafford
The alleged ringleader of six men who brutalized, shot and sexually assaulted three north side Indianapolis residents in their home will still likely spend the rest of his life behind bars after the Indiana Court of Appeals modestly reduced his sentence Tuesday.
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Power of attorney may trump guardianship order

July 12, 2016
Marilyn Odendahl
An elaborate court ruling that sought to bring family harmony by appointing each of six siblings as co-guardians over a specific area of their elderly mother’s life may have hit a sour note because of a 12-year-old power of attorney which remains valid.
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Justices adopt COA opinion, affirm intimidation conviction

July 12, 2016
Dave Stafford
The Indiana Supreme Court on Tuesday affirmed the intimidation conviction of a man who threatened to kill his sister’s landlord if she returned to the Indianapolis apartment.
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Official to plead guilty to tax assessment shakedown

July 12, 2016
 Associated Press
A northwest Indiana assessor's office employee will plead guilty to allegedly shaking down businesses in exchange for reducing their tax assessments.
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Illinois detectives investigate Indiana killer in 1986 murder

July 12, 2016
 Associated Press
An Indiana man serving a life sentence for the abduction and murder of an eastern Illinois girl over two decades ago has been identified as a suspect in the strangulation of a woman found in 1986 outside a southwestern Illinois town.
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Judge gives Richmond man 76 years for kidnapping wife

July 12, 2016
 Associated Press
A Richmond man has been sentenced to 76 years in prison for kidnapping his estranged wife two years ago.
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Man accused of threatening police before South Bend rally

July 11, 2016
Dave Stafford
Local and federal authorities in South Bend are seeking pre-trial detention of a man accused of making violent Facebook threats aimed at police before a peaceful Black Lives Matter rally that took place Saturday.
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Senior judge named to replace Willis on bench

July 11, 2016
IL Staff
It’s a bit of musical chairs in Henry Circuit Court to fill the vacancy Judge Mary G. Willis will create when she leaves July 22 to become the Indiana Supreme Court’s new chief administrative officer.
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Facebook sued for $1B for alleged use of medium for terror

July 11, 2016
 Bloomberg News
Lawyers filed a $1 billion lawsuit against Facebook Inc., alleging it allowed the Palestinian militant Hamas group to use the platform to plot attacks that killed four Americans and wounded one in Israel, the West Bank and Jerusalem.
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NCAA, ACC face head-injury suit from former UNC football player

July 11, 2016
A former University of North Carolina football player has sued the Atlantic Coast Conference and the NCAA in federal court in Indianapolis, claiming his life changed after hits he took in practice and on the field caused concussions.
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Pacers’ legal tenacity on display in IRS fight

July 11, 2016
Greg Andrews, IBJ Staff
The legal fallout stemming from Melvin Simon’s decision to unload his half of the Indiana Pacers to his brother Herb just a few months before his September 2009 death is getting crazier by the day.
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Indiana man on death row for 4 killings runs out of appeals

July 11, 2016
 Associated Press
A Fort Wayne man who's been on death row since 1999 for killing his brother and three other men has exhausted his appeals.
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Woman charged with trying to hire hit man to kill husband

July 11, 2016
 Associated Press
A Gas City woman has been arrested after authorities say she tried to hire a hit man to kill her husband.
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Indiana councilman seeks federal probe in man’s jail death

July 11, 2016
 Associated Press
A Lake County councilman in is calling for a federal investigation into the death of a man at the county jail who had been arrested for speeding.
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7th Circuit tosses legal fees suit arising from bankruptcy case

July 8, 2016
Dave Stafford
An unsecured creditor’s lawsuit against two law firms over legal fees collected for services provided to a bankrupt Fort Wayne company’s estate should not have proceeded, the 7th Circuit Court of Appeals ruled Friday.
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Astra faces off with FDA on copies of $7 million-a-day drug

July 8, 2016
 Bloomberg News
AstraZeneca Plc is making a final push to protect a drug that makes $7 million a day in the U.S. against cheaper copies as pressure mounts on the U.K. drugmaker to meet its own projections of almost doubling revenue.
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Plea agreement provision ‘constitutionally suspect,’ COA finds

July 8, 2016
Jennifer Nelson
A man who had taken steps to prepare for home detention but was committed for mental health reasons when he was to report to community corrections should not have been ordered to serve his sentence in the Department of Correction, the Indiana Court of Appeals ruled Friday.
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Lack of evidence divides judges on false claims suit

July 8, 2016
Jennifer Nelson
Based on the evidence presented before it on a False Claims Act lawsuit brought by a labor union, the 7th Circuit Court of Appeals decided to affirm summary judgment in favor of the union member’s company. But the dissenting judge believed the record required remand for a trial.
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Continuous crime doctrine requires reversal of 2 domestic battery convictions

July 8, 2016
Jennifer Nelson
Because the evidence showed a man’s acts of domestic violence against his now ex-wife constituted a single transaction for purposes of the continuing crime doctrine, the Indiana Court of Appeals reversed two of the man’s three convictions.
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Justices: Houseguest couldn’t consent to home search

July 8, 2016
Jennifer Nelson
The Indiana Supreme Court held Thursday that a houseguest at a home in which police discovered drugs did not have the apparent authority to consent to a search of the house.
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Former mayor's stepdaughter gets home detention for theft

July 7, 2016
 Associated Press
A federal judge has sentenced the stepdaughter of a former northwestern Indiana mayor to six months of home detention followed by two years on probation for embezzling funds from a city court.
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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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