Legal News

COA reverses termination of parental rights, finds DCS exhibited ‘troubling behavior’

December 21, 2016
Olivia Covington
The Indiana Court of Appeals reversed Wednesday a decision terminating a mother and father’s parental relationships with their son, writing that the Department of Child Services had exhibited an “extraordinarily troubling pattern of behavior.”
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Man remains on sex offender list, but residency restrictions not applicable

December 21, 2016
Olivia Covington
A Dearborn County man will have to keep his name on the Indiana Sex Offender Registry for the rest of his life but will not face certain residency restrictions after the Indiana Court of Appeals affirmed in part the denial of his petition for relief.
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Search of man’s mouth ruled unconstitutional

December 21, 2016
Marilyn Odendahl
The Indiana Court of Appeals has overturned a man’s conviction, ruling the drugs found in his mouth should be excluded under the “fruit of the poisonous tree doctrine.”
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COA affirms ruling for lender in Shelbyville low-income housing dispute

December 21, 2016
Dave Stafford
A general partner developing Shelbyville low-income apartments lost its appeal of rulings that it misappropriated or was in breach of nearly $2.75 million guaranteed for the project and that it should be liable for the lenders’ legal fees of more than $385,000.
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Shirley gets maximum 50 years in Indianapolis house blast

December 20, 2016
 Associated Press
A woman who was one of five people charged in a deadly Indianapolis house explosion has been sentenced to 50 years in prison.
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Attorney resigns amid misconduct allegations

December 20, 2016
IL Staff
A Greenwood attorney has resigned from the Indiana bar after facing an investigation by the Indiana Supreme Court Disciplinary Commission.
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Tax Court: Orbitz doesn’t have to pay additional sales, innkeeper’s taxes

December 20, 2016
Olivia Covington
A popular travel and booking website will not have to pay the state more than $200,000 in back taxes after the Indiana Tax Court held that the website is not considered a retail merchant.
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COA upholds battery conviction for altercation outside bar

December 20, 2016
Olivia Covington
The Indiana Court of Appeals upheld a man’s battery conviction Tuesday after finding that he failed to prove any abuse of the Delaware Circuit Court’s discretion.
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3 Pulse families sue social media, alleging aid for IS

December 20, 2016
 Associated Press
Families of three patrons killed in the Orlando nightclub massacre are suing Facebook, Google and Twitter, claiming the gunman who killed their loved ones was radicalized through propaganda found through social media.
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Trump University settlement filed for judge's review

December 20, 2016
 Associated Press
Lawyers for Donald Trump and former students of his now-defunct Trump University filed an agreement in court to settle lawsuits alleging that the president-elect defrauded them, signaling that a deal announced last month remains on track for a judge's approval next year.
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Pot-legalization group wins injunction against Tippecanoe County rally ban

December 20, 2016
Dave Stafford
A group advocating the legalization of marijuana that was denied permission to hold a rally at the courthouse in Lafayette won an injunction against the county in federal court.
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Lawsuit throws spotlight on chaos surrounding Anderson cardiology practice

December 20, 2016
John Russell, IBJ Staff
A cardiologist fired after hospital officials accused him of overcoding and violating medical standards said the grounds for firing were untrue and unfair, and he fought them in court for more than four years. He sued St. Vincent Health for breach of contract and won more than $1.6 million from a jury.
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Roberts denies plea to force Senate action on Garland

December 20, 2016
 Associated Press
Chief Justice John Roberts has denied a lawyer's bid to get the U.S. Supreme Court to force the Senate to consider the high court nomination of Judge Merrick Garland.
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Cities, counties mull immigrant legal fund after Trump's win

December 19, 2016
 Associated Press
Major U.S. cities and counties are beefing up legal services for immigrants to help them fight deportation and avoid fraudulent lawyers in the wake of Donald Trump's election and his hard-line immigration enforcement promises.
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Southern District issues new court security order

December 19, 2016
IL Staff
Individuals going to any federal courthouse in the Southern District of Indiana will be required to comply with updated security procedures.
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Justices remand post-conviction case to COA

December 19, 2016
IL Staff
A man’s post-conviction relief case dismissed by the Court of Appeals was remanded by the Indiana Supreme Court, which found an appendix was timely filed.
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Indiana clerk who refused same-sex marriage license loses lawsuit

December 19, 2016
Dave Stafford
A southern Indiana deputy clerk who was fired after she refused to issue a marriage license to a same-sex couple lost her civil-rights lawsuit against the county clerk. Her suit claimed religious discrimination on the basis of her avowed Christian belief that same-sex marriage is “against God’s law,” which is “above legal law.”
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Poker pro, friend must repay $10.1M to casino

December 19, 2016
 Associated Press
Poker pro Phil Ivey and a companion must return more than $10 million they won from an Atlantic City casino while playing cards that were arranged in a way to give the players an edge.
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9 charged after toddler found locked inside box

December 19, 2016
 Associated Press
Authorities in northern Indiana have charged three people with neglect after a 3-year-old girl was found locked inside a wooden box for extended periods of time.
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Lake County sheriff's official pleads guilty to wire fraud

December 19, 2016
 Associated Press
The second-in-command at the Lake County Sheriff’s Department pleaded guilty to wire fraud Friday in a bribery case in which the sheriff and a tow truck operator also are charged.
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Defendant in Indianapolis house blast to be sentenced

December 19, 2016
 Associated Press
A woman who was one of five people charged in a deadly Indianapolis house explosion is set for sentencing.
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Justices find Ohio, Indiana burglary statutes are ‘substantially similar’

December 16, 2016
Olivia Covington
The Indiana Supreme Court Friday overturned a lower court’s decision to throw out a man’s serious violent felon charges, writing that statutes governing burglary convictions in Ohio and Indiana are “substantially” similar.
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Justices reaffirm decision after correcting factual error

December 16, 2016
Olivia Covington
The Indiana Supreme Court has reaffirmed its decision to deny relief to a man convicted of child solicitation after granting a rehearing on that decision to correct a factual error.
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COA affirms ex-wife’s murder conviction, sentence

December 16, 2016
Olivia Covington
The Indiana Court of Appeals affirmed the conviction of a woman who shot and killed her ex-husband in 2014, finding that her claims of self-defense against domestic abuse were unsubstantiated.
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COA rejects Duke’s claims against proposed Franklin traffic expansion

December 16, 2016
Olivia Covington
Duke Energy of Indiana cannot prevent the city of Franklin from expanding an east-side intersection, the Indiana Court of Appeals found Friday, allowing the city to move forward with a project designed to beautify the State Road 44 corridor off of Interstate 65.
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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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