Legal News

Bankruptcy trustee appears poised to sue former ITT brass

January 16, 2017
Greg Andrews, IBJ Staff
ITT Educational Services Inc.’s bankruptcy trustee has launched a no-holds-barred investigation into the defunct company’s business practices—a move that appears likely to pave the way for her to sue former officers and directors, including CEO Kevin Modany and Chief Financial Officer Kevin Fitzpatrick.
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BLE members dismissed from suit challenging notice, bar exam constitutionality

January 16, 2017
Olivia Covington
A federal judge has declined to hear a recent law school graduate’s case against the members of the Indiana Board of Law Examiners, citing precedent that requires federal courts to abstain to from hearing certain ongoing state proceedings. But the judge did require the state to respond to the plaintiff’s claims that portions of the bar exam are unconstitutional.
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Supreme Court disciplines attorneys for noncompliance

January 16, 2017
IL Staff
Two Indiana attorneys are facing disciplinary measures after failing to comply with various court orders.
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Judge denies injunction to block VA's Crown Hill project

January 16, 2017
IBJ Staff
A federal judge on Friday shot down a legal effort by environmentalists to block development of a U.S. Department of Veterans Affairs cemetery on 15 wooded acres north of Crown Hill Cemetery in Indianapolis.
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Indiana gets $12.7M in Moody’s inflated-ratings settlement

January 16, 2017
 Associated Press, IL Staff
Indiana will receive $12.77 million from Moody’s Corp., which has agreed to pay nearly $864 million to settle federal and state claims it gave inflated ratings to risky mortgage investments in the years leading up to the financial crisis.
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GOP leaders pledge vape law overhaul, subject of FBI probe

January 16, 2017
 Associated Press
Republican legislative leaders say they want to unwind stiff regulations they imposed on Indiana’s vaping industry, which created a stranglehold on the burgeoning market for one company and prompted an FBI investigation.
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Southern Indiana courts see rise in heroin, meth sentences

January 16, 2017
 Associated Press
Recently released court statistics show a growing percentage of prisoners sentenced for federal drug crimes in southern Indiana are heroin offenders.
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Camm prosecutor reprimanded for book deal

January 13, 2017
IL Staff
The Indiana Supreme Court has imposed a public reprimand against a Floyd County prosecutor charged with violations of three Professional Conduct Rules after he failed to recuse himself from a case he planned to write a book about.
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Justices weigh confidentiality for unlicensed social workers

January 13, 2017
Olivia Covington
The justices of the Indiana Supreme Court are deciding whether they should answer the legal question of whether communications with an unlicensed social worker are considered privileged and confidential.
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Six hate crime bills introduced at Statehouse

January 13, 2017
Marilyn Odendahl
Once again, a handful of Indiana lawmakers and community organizations are trying to get hate-crime legislation through the Statehouse and onto the governor’s desk.
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COA affirms rulings in division of military pension

January 13, 2017
Dave Stafford
A man who sought to void trial court orders that granted his ex-wife a portion of his military pension lost his interlocutory appeal Friday.
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Delinquency affirmed as COA tosses timeliness appeal

January 13, 2017
Dave Stafford
The Indiana Court of Appeals Friday rejected an argument that a juvenile delinquency case should have been dismissed because a fact-finding hearing wasn’t conducted within 60 days of the delinquency petition.
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Divided COA: Man can't use RFRA to avoid taxes

January 13, 2017
Olivia Covington
A divided Indiana Court of Appeals ruled Friday that a Marion County man cannot avoid paying income taxes using a religious freedom defense, with the majority writing that the controversial Religious Freedom Restoration Act allows for the collection of taxes in the furtherance of a compelling government interest.
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Nearly 150 inmates not fingerprinted in Tippecanoe County

January 13, 2017
 Associated Press
Prosecutors in Tippecanoe County said they've determined nearly 150 former inmates need to be fingerprinted after glitches with the jail's fingerprint machine. The county now is trying to track those people to obtain the required prints.
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Man wanted in '99 abduction, sex assault caught in Oregon

January 13, 2017
 Associated Press
A man wanted in the 1999 abduction and sexual assault of a 10-year-old girl in southern Indiana has been arrested in Oregon.
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Policy: Mishawaka police can buy, use own body cameras

January 13, 2017
 Associated Press
The northern Indiana city of Mishawaka has a new policy that allows police officers to wear body cameras if they purchase the equipment themselves.
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Watchdog probe to bring new scrutiny for FBI's Comey

January 13, 2017
 Associated Press
FBI Director James Comey, already under fierce public scrutiny for his handling of the election-year probe of Hillary Clinton, faces a new internal investigation into whether he and the Justice Department followed established protocol in the email server case.
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Lilly shares rise after Alimta cancer drug patent upheld

January 13, 2017
 Bloomberg News
Eli Lilly and Co. won an appeals court ruling Thursday that upheld the validity of a patent for its lung cancer drug Alimta, helping shares rise by almost 3 percent.
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Link between addiction, criminal justice discussed with legislators

January 12, 2017
Olivia Covington
In Indianapolis, a person is more likely to die from a drug-related incident than a car crash. This and other drug-related facts where shared with the members of the Indiana House Courts and Criminal Code Committee at a meeting Wednesday. Representatives from the state’s judicial branch were invited to share progress and their concerns regarding Indiana criminal code reform with lawmakers.
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Justices consider PCR waiver in death penalty case

January 12, 2017
Olivia Covington
After a public defender failed to secure a statutorily required signature on Kevin Isom’s petition for post-conviction relief, Isom, a convicted murderer who has been sentenced to death, lost confidence in his legal team. He refused to provide his signature after the error was discovered, vowing not to sign unless he was appointed new counsel.
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Senate committee extends for $1 pro bono filing fee

January 12, 2017
Marilyn Odendahl
A bill extending the $1 additional civil filing fee to support pro bono programs sailed through a Senate committee Wednesday despite a discussion about the possibility of allowing Marion County small claims courts to keep the filing fees they collect for themselves.
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COA upholds constitutionality of CHINS reunification exception

January 12, 2017
Dave Stafford
A statute providing exceptions to the requirement that the Department of Child Services make reasonable efforts to preserve and reunify families involved in CHINS cases survived a constitutional challenge Thursday.
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COA vacates arbitration award for lack of agreement

January 12, 2017
Olivia Covington
The Indiana Court of Appeals vacated an arbitration award Thursday after determining that an arbitration agreement did not exist, thus making the arbitration proceedings between a Lake County couple and an automotive company pointless.
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Church members join in grief, anger as gunman sentenced to death

January 12, 2017
 Associated Press
Family members of the nine people Dylann Roof killed in a Charleston, South Carolina, church weren’t the only ones who suffered. Their church family grieved, too.
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Company must pay sales tax on electricity, freezer equipment

January 12, 2017
Olivia Covington
An Indiana food storage warehouse must pay sales tax on electricity and freezer equipment it purchased because such purchases are not used in the production of new, marketable goods, Indiana Tax Court Judge Martha Wentworth ruled Wednesday.
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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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