Legal News

7th Circuit upholds Fogle’s above-guidelines sentence

June 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed former Subway pitchman Jared Fogle’s 188-month sentence Thursday afternoon for distributing and receiving, as well as conspiring to distribute and receive child pornography. Fogle challenged his sentence after the District Court imposed one above the sentencing guidelines.
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SCOTUS says judges can recall discharged juries

June 9, 2016
 Associated Press
The Supreme Court of the United States said Thursday that judges may — in rare circumstances — call a jury back to the courtroom after it has delivered a verdict and been dismissed.
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Marijuana legalization group sues after Lafayette rally denial

June 9, 2016
IL Staff
A group advocating for the legalization of marijuana that was denied permission to rally on the grounds of the Tippecanoe County Courthouse in Lafayette has filed a federal lawsuit claiming a violation of the First Amendment of the U.S. Constitution.
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Supreme Court rules judges can recall discharged juries

June 9, 2016
 Associated Press

The Supreme Court of the United States says judges may — in rare circumstances — call a jury back to the courtroom after it's delivered a verdict and been dismissed.

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Justices find judicial bias in Pennsylvania death row case

June 9, 2016
 Associated Press
The Supreme Court of the United States ruled Thursday that the former chief justice of the Pennsylvania Supreme Court was wrong to participate in the case of a death row inmate whose prosecution he personally approved nearly 30 years earlier.
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Sandwich chain Jimmy John's sued over noncompete agreements

June 9, 2016
 Associated Press
Illinois Attorney General Lisa Madigan is suing the Jimmy John's sandwich chain accusing it of improperly forcing low-level employees to sign agreements preventing them from seeking jobs with competitors.
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Indiana agency issues plan to fight sexual assault

June 9, 2016
 Associated Press
The Indiana State Department of Health has issued a five-year plan to fight sexual assault in the state that focuses on prevention and education, particularly for children who are in high school or younger.
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FBI raids Vigo County School Corp. offices in Terre Haute

June 9, 2016
 Associated Press
FBI agents raided the main offices and other buildings of the Vigo County School Corp. in Terre Haute on Wednesday, sending employees off the premises for hours.
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Ethics commission to consider ex-BMV official's settlement

June 9, 2016
 Associated Press
The Indiana State Ethics Commission today will consider a settlement between the state and a former Indiana Bureau of Motor Vehicles official who faces ethics violations.
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Lawmakers considering prosecutor oversight in NY

June 8, 2016
 Associated Press
New York lawmakers have begun examining whether prosecutors statewide need an oversight commission where other lawyers, defendants and the public can bring complaints of misconduct.
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Mentally ill women should have attorney, 7th Circuit rules

June 8, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a mentally ill woman who filed a federal lawsuit challenging her conviction and sentence for murder should have had a lawyer appointed to her and remanded the case to District Court.
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COA: Juvenile court has no jurisdiction to modify custody agreement

June 8, 2016
Scott Roberts
The Indiana Court of Appeals ruled a juvenile court does not have jurisdiction to modify a paternity court’s custody order and sent the case back to the lower court.
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COA majority: Mayor has power to terminate utility superintendent

June 8, 2016
Scott Roberts
The Indiana Court of Appeals reversed summary judgment in a split decision Wednesday for former city of Lawrence Utilities Board Superintendent Carlton Curry, finding the newly elected mayor had authority to terminate Curry’s employment and therefore Curry can't prevail on a wrongful discharge claim.
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Lawsuit: Ellen DeGeneres mocked woman's name for breast joke

June 8, 2016
 Associated Press
A Georgia real estate agent is suing the producer of the "The Ellen DeGeneres Show," claiming the comedian mispronounced her name to make a joke about breasts.
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Congratulations, your genius patent is now a military secret

June 8, 2016
 Bloomberg News
Just a handful of people find themselves in Jim Geer’s position, forbidden by the government from pursuing ideas laid out in patent applications due to national-security concerns.
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Long-running suit over blocked Indiana strip club dismissed

June 8, 2016
 Associated Press, IL Staff
A long-running federal lawsuit challenging a northeastern Indiana city's decision to stop a couple from opening a strip club has come to an end.
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State appeals ruling for deaf litigant denied mediation interpreter

June 7, 2016
Dave Stafford
Indiana Attorney General Greg Zoeller’s office has appealed a federal court ruling that found a Marion County court discriminated against a deaf man in violation of the Americans with Disabilities Act when it rejected his request for an American Sign Language interpreter at a court-ordered mediation session during his child custody case.
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Tax Court upholds $592,000 assessment on lakehouse

June 7, 2016
Scott Roberts
The Indiana Tax Court affirmed an appraisal of $592,000 for a woman’s property, holding the owner appealing the judgment failed to relate her evidence for a lower appraisal to a Jan. 1, 2008, valuation date.
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Merck’s patent win over Gilead reversed over false testimony

June 7, 2016
 Bloomberg News
Merck & Co.’s $200 million jury verdict against Gilead Sciences Inc. was voided in a patent dispute over a breakthrough for hepatitis C because of misconduct by a witness at the companies’ trial.
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COA affirms $147,000 judgment against smelter manufacturer

June 7, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a $147,000 judgment against a manufacturer of lead smelters, finding the trial court did not abuse its discretion when it entered default judgment against the company when it did not respond properly to a complaint.
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Judge in Stanford sex assault case called fair, respected

June 7, 2016
 Associated Press
A judge who sentenced a former Stanford University swimmer to six months in jail for sexually assaulting an unconscious woman used to play lacrosse at the school a few miles down the road from his courtroom, where attorneys said that he is respected and fair.
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Slaughter to join Indiana Supreme Court Monday

June 7, 2016
IL Staff
Geoffrey G. Slaughter will be sworn as an Indiana Supreme Court justice next week, the court announced Tuesday. Chief Justice Loretta H. Rush will administer the oath of office Monday in a brief, private ceremony, which will allow Slaughter, formerly a partner with Taft Stettinius & Hollister LLP, to begin deciding cases and handling administrative matters with his colleagues.
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Carmel facing another federal lawsuit for its traffic ordinance

June 7, 2016
Lindsey Erdody, IBJ Staff
Jason Maraman, who recently won a state lawsuit appealing his traffic ticket from Carmel, filed a new complaint in federal court on Friday. He is accusing the Carmel police officer who pulled him over of giving false testimony and targeting his vehicle for having an out-of-county license plate.
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US justices take death row appeals, Virginia redistricting case

June 6, 2016
 Associated Press
The Supreme Court of the United States accepted three cases Monday, including two that claim race is a factor.
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High court rejects appeals by Google, Ecuador and musician

June 6, 2016
 Associated Press
The Supreme Court of the United States won't hear an appeal from Google over a class-action lawsuit filed by advertisers who claim the internet company displayed their ads on "low quality" web sites.
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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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