Legal News

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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COA majority finds double jeopardy violations on rehearing

June 10, 2016
Scott Roberts
The Indiana Court of Appeals ruled on rehearing that a man’s two convictions for resisting law enforcement violated Indiana’s double jeopardy prohibition and remanded the case to trial court to vacate one of them.
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Court affirms bank entitled to foreclose on mortgage

June 10, 2016
Scott Roberts
The Indiana Court of Appeals affirmed the foreclosure on a man’s mortgage after it found a mistake in making the deed for the property did not mean the man did not own it at the time of a modification agreement.
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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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