Legal News

BMV intentionally overcharged, lawyer says after fresh settlement

July 20, 2017
 Associated Press, Indianapolis Business Journal, Dave Stafford
The Indiana Bureau of Motor vehicles intentionally overcharged some 5.5 million Hoosiers for years, even after its misconduct was pointed out, said an attorney whose firm announced the second settlement of a class-action lawsuit against the agency.
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COA: Trial courts can waive right to be at commitment hearing

July 20, 2017
Olivia Covington
State statute allows trial courts to waive respondents’ right to be present at their mental health commitment hearings, though the use of such statute should be limited only to cases where the evidence shows respondents’ presence would be injurious to their mental health, the Indiana Court of Appeals ruled Thursday in a precedent-setting case.
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COA affirms GPS monitoring after violation of protective order

July 20, 2017
Olivia Covington
A Hendricks County man will remain on GPS monitoring after the Indiana Court of Appeals ruled Thursday his estranged wife presented sufficient evidence of his violation of a protective order and that he had notice of the possibility that he could be put on a GPS tracker.
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COA affirms escapee’s convictions, consecutive sentences

July 20, 2017
Olivia Covington
A man who escaped in handcuffs from a police vehicle will remain in prison on escape and drug charges after the Indiana Court of Appeals determined Thursday the trial court did not err in instructing the jury or imposing his sentence.
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7th Circuit affirms denial of disability benefits

July 20, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the denial of a woman’s application for disability benefits after finding an administrative law judge properly determined the woman’s medical impairments did not prevent her from working certain jobs.
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7th Circuit denies rehearing, allows case to proceed to evidentiary hearing

July 20, 2017
Olivia Covington
A man convicted as a teenager in a 2008 Elkhart murder will still be given a federal evidentiary hearing on his claim of ineffective assistance of post-conviction counsel after a majority of 7th Circuit Court of Appeals judges denied the state’s petition for a panel or en banc rehearing.
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Tax Court rules in favor of exemptions for trucking company

July 20, 2017
Olivia Covington
The Indiana Tax Court has ruled in favor of a northern Indiana trucking company protesting a proposed tax assessment of nearly $500,000, finding the company’s use of its trucks were predominately related to public transportation during the years at issue.
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Appellate court finds man’s conduct constituted just 1 instance of contempt

July 19, 2017
Olivia Covington
A man originally sentenced to one year in prison for disrupting court proceedings will instead serve only six months after the Indiana Court of Appeals found his contempt citation stemmed from a single incident.
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COA: Group voir dire did not violate right to impartial jury

July 19, 2017
Olivia Covington
An Indianapolis man who attempted to rob a pharmacy in a city more than an hour away was not denied his right to an impartial jury by the use of group voir dire, the Indiana Court of Appeals held Wednesday.
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Deputy prosecutor appointed to Pulaski bench

July 19, 2017
IL Staff
Pulaski County chief deputy prosecutor Crystal A. Brucker Kocher has been appointed by Gov. Eric Holcomb to fill a vacancy on the Superior Court bench in the northern Indiana courthouse in Winamac.
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Council panel OKs $20M in planning expenses for new justice center

July 19, 2017
Hayleigh Colombo, Indianapolis Business Journal
An Indianapolis City-County Council committee on Tuesday night unanimously approved a resolution to issue $20 million in notes to pay for planning and design costs associated with building the new criminal justice center.
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Debt collector must face suit for accessing credit report

July 18, 2017
Dave Stafford
A debt collection company failed to convince a federal judge that it had a right to access the credit report of a person whose debt it was assigned to collect in a dispute over a default on a lease.
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Lawyer: Russian developer's staffer also at Trump Tower meet

July 18, 2017
 Associated Press
A representative of the Russian developer who partnered with President Donald Trump to bring the Miss Universe pageant to Moscow was the eighth person at a Trump Tower meeting arranged by Donald Trump Jr. during the campaign, a lawyer for the developer said Tuesday.
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Young, Donnelly indicate support for legal-aid funding

July 18, 2017
Marilyn Odendahl
With the budget looming on the agenda of the U.S. Senate, Indiana’s two senators are both supportive of federal funding for legal aid, but neither are putting any dollar amount to their support.
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3 condemned Ohio inmates ask high court to delay executions

July 18, 2017
 Associated Press
Three condemned killers with upcoming execution dates asked the U.S. Supreme Court on Tuesday for a delay while they continue challenging Ohio’s new lethal injection method.
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Russian lawyer at Trump Tower meeting drew U.S. scrutiny

July 18, 2017
 Associated Press
Even before that now-famous encounter, the Russian lawyer who met with Donald Trump Jr. last year had drawn attention from U.S. government officials for her work fighting U.S. sanctions that had angered the Kremlin.
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Court edits supervised release alcohol use restriction

July 18, 2017
Olivia Covington
Though the language of a district court order prohibiting a man’s “excessive” use of alcohol was “loose and indeterminate,” the 7th Circuit Court of Appeals affirmed the order Monday after adding modifying language to the order that eliminated the vagueness concerns.
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High court to consider interpretation of habitual offender statute

July 18, 2017
Olivia Covington
Indiana’s highest court will determine whether a lower court’s interpretation of the habitual offender statute will stand after granting transfer to a case that raises questions of proper statutory interpretation.
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Indy skyline photo suit against Purdue official dismissed

July 17, 2017
Dave Stafford
A judge has thrown out a lawsuit against a Purdue University official who was accused of copyright infringement by an attorney who has sued hundreds of people and entities for publishing his photos of the Indianapolis skyline.
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Yorktown official faces complaint for removal from office

July 17, 2017
Olivia Covington
The state of Indiana is employing a statutory procedure to remove the Yorktown clerk-treasurer from office amid allegations that she has failed to fulfill her elected duties for the last two years, amounting to more than $100,000 in errors.
More

Supreme Court to celebrate 20th anniversary of ICLEO

July 17, 2017
IL Staff
Members of the Indiana judiciary will gather this week to mark the 20th anniversary of the Indiana Conference for Legal Education Opportunity.
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7th Circuit clears Bartholomew jail officers in inmate death

July 17, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed the grant of summary judgment to Bartholomew County Sheriff’s Department officials who interacted with a man who later died in the county jail, finding the man’s estate failed to prove the officials were deliberately indifferent to the man’s medical concerns.
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DOJ gets delay in Marion County immigration case

July 17, 2017
Marilyn Odendahl
An agreement that would have prevented the Marion County Sheriff’s Department from detaining immigrants for the U.S. government is on hold after a federal judge gave the U.S. Department of Justice time to consider whether it wants to intervene in the case.
More

Transportation museum denied restraining order against railroad authority

July 17, 2017
Indianapolis Business Journal
The Indiana Transportation Museum has been denied in its request for a federal temporary restraining order against the Hoosier Heritage Port Authority. The ruling likely derails for a second straight year the Indiana State Fair Train excursion from Noblesville to Indianapolis.
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Central Indiana county debates continuing needle exchange

July 17, 2017
 Associated Press
Officials in Madison County are divided over whether to continue a program that provides clean needles to intravenous drug users.
More
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  2. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

  3. For some strange reason this story, like many on this ezine that question the powerful, seems to have been released in two formats. Prior format here: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 That observed, I must note that it is quite refreshing that denizens of the great unwashed (like me) can be allowed to openly question powerful elitists at ICE MILLER who are on the public dole like Selby. Kudos to those at this ezine who understand that they cannot be mere lapdogs to the powerful and corrupt, lest freedom bleed out. If you wonder why the Senator resisted Selby, consider reading the comments here for a theory: http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263

  4. Why is it a crisis that people want to protect their rights themselves? The courts have a huge bias against people appearing on their own behalf and these judges and lawyers will face their maker one day and answer for their actions.

  5. State's rights, civil rights and human rights are all in jeopardy with Trump in the WH and Sessions running Justice.

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