Legal News

Prosecutor bumps Stanford sex assault judge from new case

June 15, 2016
 Associated Press
A Northern California judge at the center of a recall campaign after his handling of a Stanford University sexual assault case was removed from a new sexual assault case Tuesday by the local district attorney.
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Home Depot: US credit card firms slow to upgrade security

June 15, 2016
 Associated Press
Visa and MasterCard are using security measures prone to fraud, putting retailers and customers at risk of hacking attacks by cyber thieves, The Home Depot Inc. says in a new federal lawsuit.
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7th Circuit: Man did not need Miranda warnings

June 15, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled Tuesday that a man was not under arrest when he was questioned by police and therefore did not need to be given his Miranda warnings after the man claimed he did not voluntarily agree to speak to police.
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Southern District proposes mandatory pro bono program

June 15, 2016
Marilyn Odendahl
Flooded by pro se litigants and under pressure from the appellate circuit to provide attorneys, the U.S. District Court for the Southern District of Indiana is proposing the adoption of a mandatory pro bono program to supplement its volunteer pool.
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New Coalition for Court Access aims to improve delivery of civil legal services

June 15, 2016
Marilyn Odendahl
After establishing three committees to tackle the persistent problem of unrepresented litigants trying to maneuver their way through the state’s judicial system, the Indiana Supreme Court has decided to start over.
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Tax Court delays add years to cases

June 15, 2016
Dave Stafford
A recent report urges reforms after a study finds criticism among practitioners of long wait times for resolution of cases.
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Can records of civil forfeitures be expunged?

June 15, 2016
Marilyn Odendahl
The Indiana Supreme Court is considering whether files on property judgments "relate to the person’s felony conviction."
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Indiana fights discrimination ruling against trial court

June 15, 2016
Dave Stafford
A federal court ruling that a Marion County court discriminated against a deaf man who was denied an interpreter for his court-ordered mediation is being appealed by the state, which argues he lacked standing to bring the suit under the Americans with Disabilities Act and state courts should be immune from such judgments.
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Staging CLEs with a trial lawyer focus

June 15, 2016
Dave Stafford
Indiana Trial Lawyers Association program planners tout mix of top national and state attorney presenters.
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Ready to rock out at Zeppelin ‘Stairway’ trial? Try sheet music

June 14, 2016
 Bloomberg News
Anyone with internet access can listen for themselves to whether Led Zeppelin’s opening “Stairway to Heaven” riff rips off a song recorded three years earlier. But the jury deciding the fate of the rock masterpiece — and its millions of dollars in royalties — won’t hear a simple mash-up with the obscure 1968 instrumental “Taurus” by the group Spirit.
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Escort's book publisher, author countersue Louisville students

June 14, 2016
 Associated Press
The publisher and co-author of escort Katina Powell's book alleging that former University of Louisville men's basketball staffer Andre McGee hired her and other dancers for sex parties at the team's dormitory have countersued a group of Louisville students, saying they attempted to "extort" a monetary settlement in their action alleging Powell and the book devalued their education.
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Judge bars public release of Clinton aide's immunity deal

June 14, 2016
 Associated Press
A federal judge ruled Tuesday that he will not publicly disclose details of an immunity agreement between a former aide to Hillary Clinton and Justice Department prosecutors that had been sought by a conservative legal advocacy group in a lawsuit against the State Department.
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Lawyers seeking Christie's phone records cite Watergate

June 14, 2016
 Associated Press
Lawyers seeking New Jersey Gov. Chris Christie's cellphone records from the George Washington Bridge lane-closing case are using Watergate to argue their subpoena for the information is justified.
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Judge: Indiana abortion law may infringe on women's rights

June 14, 2016
 Associated Press, IL Staff
A federal judge weighing whether to block a new Indiana law banning abortions sought because of a fetus' genetic abnormalities sounded skeptical of the measure during a Tuesday hearing, saying it may infringe on some women's right to an abortion.
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COA: Notice of sale was mailed within required time period

June 14, 2016
Scott Roberts
The Indiana Court of Appeals found notice of a tax sale was mailed 21 days before the sale took place as prescribed by Indiana Code, so it affirmed the denial of a man’s motion to set aside tax deeds on property he used to own.
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SCOTUS overturns infringement test for treble damages

June 13, 2016
Marilyn Odendahl
In a consolidated case involving Indiana’s Zimmer Inc., the U.S. Supreme Court has tossed the standard test used to determine whether damages awarded in a patent infringement case should be tripled.
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Novel FedEx drug-shipping case left to skeptical judge at trial

June 13, 2016
 Bloomberg News
Proving to jurors that FedEx Corp. is a criminal because it delivered illegal prescriptions from Internet drug stores was never going to be easy. Convincing a federal judge who questioned the “novel prosecution” may be even tougher.
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High court rejects request to block mercury rule

June 13, 2016
 Associated Press
The Supreme Court of the United States has rejected an appeal from 20 states including Indiana seeking to block a federal rule targeting mercury pollution from taking effect while the government revises the rule to account for compliance costs.
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Court upholds law aimed at domestic violence on tribal land

June 13, 2016
 Associated Press
The U.S. Supreme Court on Monday upheld a federal law and its stiff prison terms aimed at people who have been convicted of repeated acts of domestic violence on Indian lands.
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High court rules against Puerto Rico in debt case

June 13, 2016
 Associated Press
Puerto Rico can't use a local law to restructure the debt of its financially ailing public utilities as it tries to overcome a decade-long economic crisis, the U.S. Supreme Court ruled Monday.
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Fort Wayne pays $125K to settle excessive-force lawsuit

June 13, 2016
 Associated Press
Fort Wayne has agreed to pay $125,000 to settle an excessive-force lawsuit with a Michigan man.
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Slaughter sworn in as 109th justice

June 13, 2016
IL Staff
Geoffrey G. Slaughter was sworn in as an Indiana Supreme Court justice Monday morning in a brief, private ceremony, court spokeswoman Kathryn Dolan said. Chief Justice Loretta H. Rush administered the oath of office, allowing Slaughter, formerly a partner with Taft Stettinius & Hollister LLP, to begin deciding cases and handling administrative matters with his colleagues.
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Indiana mom seeks law change after daughter's ATV death

June 13, 2016
 Associated Press
The mother of an Indiana girl who died in an all-terrain vehicle crash has started a nonprofit foundation in partnership with state lawmakers to draft a helmet law and mandatory safety education for children who ride ATVs.
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7th Circuit affirms government employees must resign after elected to office

June 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals upheld an Indiana law that prevents people employed by the government to also hold elected office in the same municipality they are employed in. The law was challenged by a host of individuals who both serve on city and town councils and work for the same town as police officers, office managers and firefighters.
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Local Uber driver sues company over compensation issues

June 10, 2016
Susan Orr, IBJ Staff
An Uber driver from Marion County has filed a class-action complaint against the ride-on-demand company, claiming that Uber treats its drivers like employees but classifies them as independent contractors in order to skirt labor laws.
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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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