Legal News

COA says golf cart use is par for the course during the game

November 15, 2016
Olivia Covington
A man’s negligence claim against a golf teammate who struck the back of his golf cart cannot succeed because driving a golf cart is normal behavior for participants in the sport.
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Park Tudor gets prosecution deferral after Cox case

November 15, 2016
Dave Stafford
Park Tudor School will not face further penalties arising from its handling of an investigation of former basketball coach Kyle Cox, who was convicted and sentenced to 14 years in prison for trying to entice a 15-year-old student to have sex with him.
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Judge jails ex-Vigo County sheriff’s deputy, citing risk to public safety

November 15, 2016
IL Staff
A federal judge ordered a former Vigo County sheriff deputy’s pretrial detention because the officer posed a danger to public safety for threatening to kill potential witnesses, and because the evidence against him in a kickbacks case indicates “that he believes he can operate outside of the law.”
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Ex-deputy’s suit against Marion County deputy prosecutor proceeds

November 15, 2016
Dave Stafford
A former Marion County deputy sheriff’s malicious prosecution lawsuit will proceed against a deputy prosecutor he claims pressed for a misconduct investigation against him at the request of a show-business connection.
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Indianapolis federal courthouse gets national award

November 15, 2016
IL Staff
The Birch Bayh Federal Building and U.S. Courthouse has received national recognition for a refurbishment project that ushered the infrastructure of the 100-year-old building into the 21st century while preserving the structure’s distinguished spirit.
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Report: Cities boost policies to criminalize homelessness

November 15, 2016
 Associated Press
A new report says cities nationwide are enacting more policies that criminalize homelessness.
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Delaware County creates domestic violence court

November 15, 2016
 Associated Press
The Indiana Supreme Court has approved the creation of a domestic violence court in Delaware County.
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Lawsuit calls 2 Indiana tax statutes unconstitutional

November 14, 2016
Marilyn Odendahl
A Marion County resident, whose bank account of $155.44 was frozen by the Indiana Department of Revenue, is suing to prevent the state from taking assets for income tax debts without leaving the debtor something to pay for basic necessities like food and shelter.
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Charges dismissed against doctor accused of overprescribing

November 14, 2016
 Associated Press
A central Indiana judge has dismissed charges against a doctor who had faced allegations of overprescribing painkillers.
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Toyota to pay up to $3.4 billion to settle US truck suit

November 14, 2016
 Associated Press
Toyota will pay up to $3.4 billion to settle a class action lawsuit brought by U.S. pickup truck and SUV owners whose vehicles lacked adequate rust protection.
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Rejecting challenge of search, COA affirms cocaine conviction

November 14, 2016
Olivia Covington
Deciding that the “community caretaker role” exception to the Fourth Amendment can be extended beyond questions regarding seizures of a vehicle, the Indiana Court of Appeals affirmed a man’s cocaine conviction Monday after finding that evidence of the cocaine was not admitted in violation of his constitutional rights.
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Catholic bishops ask Trump for humane immigration policies

November 14, 2016
 Associated Press
The nation’s Roman Catholic bishops, meeting in Baltimore just days after Donald Trump was elected president, urged him Monday to adopt humane policies toward immigrants and refugees.
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Once in office, Trump can quickly alter Supreme Court agenda

November 14, 2016
 Associated Press
Even before Donald Trump chooses a Supreme Court nominee, the new president can take steps to make several contentious court cases go away.
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Trump win resets culture war debate on abortion, LGBT rights

November 14, 2016
 Associated Press
For the combatants in America’s long-running culture wars, the triumph of Donald Trump and congressional Republicans was stunning — sparking elation on one side, deep dismay on the other.
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Supreme Court won't review suit on Kansas science standards

November 14, 2016
 Associated Press
The U.S. Supreme Court has refused to review a nonprofit group's lawsuit claiming that science standards for Kansas public schools promote atheism.
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FBI: Hate crimes against Muslims up 67 percent in 2015

November 14, 2016
 Associated Press
The FBI says the number of hate crimes reported to police increased by about 6.7 percent last year, led largely by a 67 percent surge in crimes against Muslims.
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Disbarred Vegas lawyer gets prison for theft from clients

November 11, 2016
 Associated Press
A 48-year-old disbarred Las Vegas lawyer has been sentenced to up to seven years in state prison for stealing more than $140,000 from her former clients.
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After Obama, Trump may face children suing over global warming

November 11, 2016
 Bloomberg News
A lawsuit brought by children against the Obama administration may force President-elect Donald Trump to decide how far he’ll go to downplay the threat of global warming.
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District court fees to increase Dec. 1

November 11, 2016
IL Staff
Several fees included on the U.S. District Court’s Miscellaneous Fee Schedule will soon increase after the Judicial Conference approved fee changes at its September 2016 session.
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Indiana, 15 other states reach data breach settlement with Adobe

November 11, 2016
IL Staff
Indiana will soon receive nearly $54,000 for consumer education and protection programs after it and 15 other states reached a settlement with software company Adobe Systems Inc.
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Trump lawyers to begin settlement talks on Trump University

November 11, 2016
 Associated Press
Donald Trump's attorneys on Thursday agreed to enter settlement talks in a class-action fraud lawsuit involving the president-elect and his now-defunct Trump University, raising the possibility of a quick end to the 6 ½-year-old case just before it goes to trial.
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Auditor says Eskenazi Health fired her for identifying improper billing

November 11, 2016
John Russell, IBJ Staff
A compliance auditor at Eskenazi Health claims she was fired after alerting her supervisor that the hospital was improperly billing the federal government and Indiana for potentially hundreds of patients whose bills were already being paid by research grants.
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Authorities, schools on alert as Cincinnati awaits verdict

November 10, 2016
 Associated Press
Authorities were on alert and school officials took precautions Thursday as jurors deliberated a second day in the Ohio murder trial of a white former police officer who said he feared for his life before fatally shooting an unarmed black man during a traffic stop last year.
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Trump University lawsuit heads toward Nov. 28 trial

November 10, 2016
 Associated Press
Donald Trump is scheduled to go on trial this month in a class-action lawsuit against him and his now-defunct Trump University, potentially taking the witness stand weeks before his inauguration as president of the United States.
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Fired manager files discrimination suit against Eskenazi Health

November 10, 2016
John Russell, IBJ Staff
A former manager at Eskenazi Health in Indianapolis claims she was fired after complaining that her boss was pressuring her to hire more minorities.
More
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  1. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

  2. Freedom as granted in the Constitution cannot be summarily disallowed without Due Process. Unable to to to the gym, church, bowling alley? What is this 1984 level nonsense? Congrats to Brian for having the courage to say that this was enough! and Congrats to the ACLU on the win!

  3. America's hyper-phobia about convicted sex offenders must end! Politicians must stop pandering to knee-jerk public hysteria. And the public needs to learn the facts. Research by the California Sex Offender Management Board as shown a recidivism rate for convicted sex offenders of less than 1%. Less than 1%! Furthermore, research shows that by year 17 after their conviction, a convicted sex offender is no more likely to commit a new sex offense than any other member of the public. Put away your torches and pitchforks. Get the facts. Stop hysteria.

  4. He was convicted 23 years ago. How old was he then? He probably was a juvenile. People do stupid things, especially before their brain is fully developed. Why are we continuing to punish him in 2016? If he hasn't re-offended by now, it's very, very unlikely he ever will. He paid for his mistake sufficiently. Let him live his life in peace.

  5. This year, Notre Dame actually enrolled an equal amount of male and female students.

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