Legal News

Man loses challenge to robbery being a violent felony under ACCA

August 15, 2016
Jennifer Nelson
A man serving 15 years for drug and gun charges thanks to three prior convictions of robbery in Indiana could not convince the 7th Circuit Court of Appeals that robbery under Indiana law involving only the fear element isn’t a violent felony under the Armed Career Criminal Act.
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Emails heat up lawsuit over sale of Pacers stake

August 15, 2016
Greg Andrews, IBJ Staff
Attorneys for the IRS have gotten their hands on an email that appears to buttress their case that Herb Simon received a sweetheart deal when he acquired his ailing brother Mel’s 50 percent ownership in the Indiana Pacers in early 2009, just a few months before Mel died at age 82.
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Sandusky denies at appeals hearing that he molested boys

August 12, 2016
 Associated Press
Jerry Sandusky took the stand Friday to forcefully deny the child molestation charges he was convicted of four years ago and said it wasn't his idea to waive his right to testify during his 2012 trial.
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7th Circuit: Defendants didn’t prove dismissal for forum non conveniens

August 12, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals has ordered an Indianapolis federal court to take another look at a case involving a Canadian resident who sued moving companies for destroying his property he attempted to move from India to St. John’s, Canada.
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Trial delayed for southern Indiana man accused of killing woman

August 12, 2016
 Associated Press
The trial of a southern Indiana man accused of killing his former girlfriend and eating some of her internal organs has been pushed back to June 2017.
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Rush: Chemistry among justices to remain intact with Slaughter

August 11, 2016
Jennifer Nelson
The necessary team chemistry required for the Indiana Supreme Court to function properly appears to remain intact with the appointment of Geoffrey Slaughter to the bench, Chief Justice Loretta Rush said Thursday during his investiture ceremony.
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Judge delays trial on HIV charges over delayed discovery

August 11, 2016
 Associated Press
A man in western Indiana accused of intentionally spreading HIV for more than a decade was ordered released Thursday, and a judge also delayed his trial until February because some documents and witnesses were not shared with the defense sooner.
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Legislative panel on judiciary to discuss LGBT civil rights

August 11, 2016
Dave Stafford
"Civil rights issues related to gender identity and sexual orientation” is the lone subject on the agenda for the Interim Study Committee on Courts and the Judiciary’s initial meeting on Aug. 30.
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Inmate suit alleging no water for 10 days proceeds

August 11, 2016
Dave Stafford
An inmate who claims corrections officers at Westville Control Unit refused to provide him water for 10 days in December 2015 may proceed with his suit against them alleging cruel and unusual punishment, a federal judge ruled.
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Couple sues, claims neighborhood unsafe with Pokemon gamers

August 11, 2016
 Bloomberg News
Wahby Park in St. Clair Shores, Michigan, used to be a quiet spot for a dozen or so residents to go for a stroll around sunset. Then came hundreds of smartphone-wielding, garden-stomping Pokemon players.
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Metal processor entitled to equipment, consumption exemptions

August 11, 2016
Jennifer Nelson
The Indiana Tax Court found Wednesday that an Illinois corporation that processes scrap steel is entitled to two exemptions under Indiana Code related to its sales and use taxes owed.
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Majority: Attempt to collect stale debt not deceptive

August 11, 2016
Jennifer Nelson
The 7th Circuit Court of Appeals was divided Wednesday over whether debt collectors violated the Fair Debt Collection Practices Act when they attempted to collect stale debts in Chapter 13 bankruptcy proceedings.
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6 years after finding flaws in disability benefits case, 7th Circuit remands again

August 10, 2016
Jennifer Nelson
Fifteen years after a woman first applied for disability benefits based on degenerative disk disease, obesity, depression, and other ailments, she continues to fight the denial of benefits by the Social Security Administration. On Tuesday, the 7th Circuit Court of Appeals ordered the SSA take another look at her case, the second time it has done so.
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Former Ivy Tech prof may ask 7th Circuit to rehear sexual orientation discrimination suit

August 10, 2016
Marilyn Odendahl
The 7th Circuit Court of Appeals has granted a former Ivy Tech Community College adjunct professor, who claims she was passed over for promotions based on her sexual orientation, an extension of time to file a petition for rehearing and rehearing en banc.
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Judge sets November hearing on Indiana abortion mandate

August 10, 2016
 Associated Press
A federal judge has set a November hearing on Planned Parenthood's bid to block a new Indiana mandate that women undergo an ultrasound at least 18 hours before having an abortion.
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Judge rejects Durham’s bid to dismiss SEC civil suit

August 10, 2016
Dave Stafford
Ponzi scheme operator Tim Durham has failed to persuade a federal judge to dismiss the government’s civil action against him and other convicted accomplices.
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Federal court: Disbarred lawyer can’t seek judgeship

August 10, 2016
Dave Stafford
A disbarred Goshen lawyer who wanted to run for judge of Elkhart Circuit Court got nowhere trying to convince a federal judge he was wrongly denied the opportunity.
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Judge denies Blagojevich's bid to lighten 14-year sentence

August 10, 2016
 Associated Press
A federal judge refused Tuesday to lighten Rod Blagojevich's original 14-year prison sentence for corruption, rejecting pleas for lenience by the now white-haired former Illinois governor who attended the resentencing hearing by video from a Colorado prison a thousand miles away.
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Lawsuit planned by fans over called-off Hall of Fame game

August 10, 2016
 Associated Press
Several fans who traveled to Canton, Ohio, for the National Football League Hall of Fame game that was canceled on Sunday night because of poor field conditions are planning to sue the NFL and the hall.
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Technology lets lawyers pursue practices with no need to hit ‘print’

August 10, 2016
Dave Stafford
The paperless office has been an aspirational goal for many businesses including law firms for years. Advocates point to studies that say going paperless can increase efficiency by 25 to 50 percent and slash a law firm’s budget for paper, printers, printer cartridges and other traditional paperbound office supplies.
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Fitness trackers add to flood of digital evidence in courts

August 10, 2016
Marilyn Odendahl
The law surrounding the information is still evolving, particularly in the area of privacy and Fourth Amendment rights. Civil, but more likely criminal, attorneys will be handling digital evidence more and more especially as law enforcement increasingly relies on technology to track suspects and link them to crimes.
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Patel decision restricts feticide prosecutions

August 10, 2016
Dave Stafford
The Indiana Court of Appeals holds the Legislature didn’t intend feticide charges for pregnant women.
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$25M verdict poses tough questions for COA

August 10, 2016
Marilyn Odendahl
Hearing arguments about a case that resulted in what may be among the largest awards for loss of consortium, the Indiana Court of Appeals repeatedly questioned what amount of damages is too much and when a jury’s decision should be overturned.
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E-filed documents may tell more than attorneys intend

August 10, 2016
Dave Stafford
Court officials are recommending lawyers be cautious when submitting e-filed documents, because those submissions may carry metadata revealing more than an attorney might intend.
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7th Circuit dogs insurer’s defense

August 9, 2016
Marilyn Odendahl
An insurance company’s argument that a houseguest injured by the family dog was legally responsible was mauled, chewed and spit out by the 7th Circuit Court of Appeals.
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  1. 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

  2. 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.

  3. 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?

  4. 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

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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