Legal News

Justices: Kentucky death sentence wrongly overturned

December 14, 2015
 Associated Press
Justices ruled Monday that a federal appeals court was wrong to overturn Roger Wheeler's sentence based on the exclusion of a juror who expressed reservations about the death penalty.
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Banned live Nativity goes on with mannequins

December 14, 2015
 Associated Press
School officials say a federal judge's injunction only applied to a live scene and that they complied with the order.
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Southern Indiana county OKs riverboat revenue settlement

December 14, 2015
 Associated Press
The settlement calls for Switzerland County officials to deliver to Jefferson County within 10 days about $50,000 in economic development money they're currently holding.
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Counties in central Indiana address jail overcrowding

December 14, 2015
 Associated Press
Three central Indiana counties have been working over the past five years to address jail overcrowding by building or upgrading facilities.
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More proceedings necessary in mortgage foreclosure action

December 11, 2015
Jennifer Nelson
Because there are genuine issues of material fact as to the fair market value of a property at the time of sale and the true amount of indebtedness on a promissory note, a trial court erred in granting summary judgment in favor a bank on its foreclosure action, the Indiana Court of Appeals ruled Friday.
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Majority: Sex offender registration not ex post facto law

December 11, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld the requirement that man convicted of a sex crime in Washington must also register as a sex offender in Indiana, finding the requirement is not an ex post facto punishment under the Indiana Constitution. But one judge disagreed, and would reverse his registration requirement.
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Speeding ticket tossed because of invalid Carmel ordinance

December 11, 2015
Jennifer Nelson
“Carmel’s wholesale adoption of chapters of Indiana Code resulted in its ordinance being nothing more than a ‘duplicate’ of already existing State law,” Court of Appeals Judge Melissa May wrote.
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Daughter’s emancipation leads to reduction in child support

December 11, 2015
Jennifer Nelson
A trial court should have reduced a father’s child support obligation to his three children because his daughter’s emancipation constitutes a substantial and continuing change, the Indiana Court of Appeals held Friday. The trial court denied the father’s motion because the amount of child support offered differed by less than 20 percent of the amount dictated by the Indiana Child Support Guidelines.
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Slavery labels sought for US goods as SEC reporting law mulled

December 11, 2015
 Bloomberg News
“This item may be the product of slave labor.” Those jarring words could end up on candy bar wrappers, packages of frozen shrimp and even cans of cat food if some California lawyers get their way.
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Family suing Marion County Sheriff over inmate's suicide

December 11, 2015
 Associated Press
The family of an Indianapolis man who apparently hanged himself in a Marion County Jail cell is seeking damages in a federal lawsuit against the sheriff's department.
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Suit challenges constitutionality of RFRA fix, local gay rights laws

December 10, 2015
IBJ Staff, J.K. Wall
The “RFRA fix” passed in April to quell discrimination fears about the Religious Freedom Restoration Act is now being challenged as unconstitutional by two organizations that were the most vocal proponents of the original legislation.
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Former Fogle associate gets 27 years for producing child pornography

December 10, 2015
 Associated Press
A federal judge has sentenced the former director of a charitable foundation started by ex-Subway pitchman Jared Fogle to 27 years in prison for producing child pornography that played a role in Fogle's criminal case.
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Court divided over drug sentence

December 10, 2015
Jennifer Nelson
The Indiana Court of Appeals upheld a man’s convictions for making and delivering methamphetamine, but the judges did not agree that the 32-year sentence imposed by the trial court was appropriate.
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Lawyer loses fee appeal against defunct Stewart & Irwin

December 10, 2015
Dave Stafford
A lawyer who claimed his former law firm and its shareholders wrongly withheld fees he was contractually owed lost his appeal of a judgment in the firm's favor Thursday.
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Woman sentenced to 215 years for crash deaths loses PCR appeal

December 10, 2015
Dave Stafford
A woman who drove the wrong way on State Road 67 near Martinsville and collided with a minivan killing a man and six children in 2000 lost her post-conviction relief appeal Thursday.
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Court: It’s risky to take justice into your own hands

December 10, 2015
Jennifer Nelson
Affirming an award of treble damages and remanding for appellate attorney fees, the Indiana Court of Appeals warned in a criminal conversion case Thursday that self-help remedies are perilous and potentially expensive, and it’s best to not take justice into your own hands.
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Circuit court without jurisdiction to grant father’s child support relief

December 10, 2015
Jennifer Nelson
Madison Circuit Court 5 did not have jurisdiction to rule on a man’s motion for relief from a child support decision entered by Madison Circuit Court 2, the Indiana Court of Appeals concluded Thursday.
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Company owner personally liable for unpaid phone book ads

December 10, 2015
Jennifer Nelson
Reversing a Hamilton County trial court, an appellate panel found a company owner individually liable and remanded for a determination of damages, interest and attorney fees.
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New Albany man challenges death sentence in 2012 murder

December 10, 2015
 Associated Press
An attorney for a southern Indiana man convicted of killing three women argued Thursday that his death sentence in one of the slayings should be thrown out because the judge didn't sufficiently consider the importance of his confession.
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Judge rejects Texas' latest attempt to block Syrian refugees

December 10, 2015
 Associated Press
A federal judge Wednesday knocked Texas for offering "largely speculative hearsay" about extremists possibly infiltrating Syrian refugees seeking to resettle in the state, rejecting another attempt by Republican leaders to keep out families fleeing the war-torn country.
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Company not entitled to relief from mortgage foreclosure judgment

December 9, 2015
Jennifer Nelson
An Indiana trial court incorrectly ruled a company was entitled to relief under Indiana Trial Rule 60(B)(6) after deciding a mortgage foreclosure action was void based on who owned interests in the mortgage.
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Indiana Tax Court moves to e-filing in January

December 9, 2015
IL Staff
Beginning Jan. 4, all three of Indiana’s appellate courts will accept electronic filing. Indiana Chief Justice Loretta Rush signed an order Wednesday announcing the Tax Court’s addition to the e-filing project.
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COA split over inmate’s ability to sue for unpaid wages

December 9, 2015
Jennifer Nelson
The Indiana Court of Appeals was divided Wednesday over whether an inmate who worked for a private company that contracted with the Department of Correction to employ offenders was allowed under Indiana statute to make a claim for unpaid wages.
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2 ex-Dewey officials told to take plea or face retrial

December 8, 2015
 Bloomberg News
Prosecutors offered a choice to two former Dewey & LeBoeuf LLP executives charged with lying to the law firm’s investors: take a plea deal or face a jury for the second time
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Ex-agent gets 6 years of prison for betrayal in Silk Road probe

December 8, 2015
 Bloomberg News
A government agent who stole $820,000 in bitcoins while investigating an online drug emporium was sentenced to almost six years in prison after a prosecutor said his deceit amounts to a “breathtaking abuse of trust.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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