Legal News

7th Circuit upholds Fogle’s above-guidelines sentence

June 10, 2016
Scott Roberts
The 7th Circuit Court of Appeals affirmed former Subway pitchman Jared Fogle’s 188-month sentence Thursday afternoon for distributing and receiving, as well as conspiring to distribute and receive child pornography. Fogle challenged his sentence after the District Court imposed one above the sentencing guidelines.
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SCOTUS says judges can recall discharged juries

June 9, 2016
 Associated Press
The Supreme Court of the United States said Thursday that judges may — in rare circumstances — call a jury back to the courtroom after it has delivered a verdict and been dismissed.
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Marijuana legalization group sues after Lafayette rally denial

June 9, 2016
IL Staff
A group advocating for the legalization of marijuana that was denied permission to rally on the grounds of the Tippecanoe County Courthouse in Lafayette has filed a federal lawsuit claiming a violation of the First Amendment of the U.S. Constitution.
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Supreme Court rules judges can recall discharged juries

June 9, 2016
 Associated Press

The Supreme Court of the United States says judges may — in rare circumstances — call a jury back to the courtroom after it's delivered a verdict and been dismissed.

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Justices find judicial bias in Pennsylvania death row case

June 9, 2016
 Associated Press
The Supreme Court of the United States ruled Thursday that the former chief justice of the Pennsylvania Supreme Court was wrong to participate in the case of a death row inmate whose prosecution he personally approved nearly 30 years earlier.
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Sandwich chain Jimmy John's sued over noncompete agreements

June 9, 2016
 Associated Press
Illinois Attorney General Lisa Madigan is suing the Jimmy John's sandwich chain accusing it of improperly forcing low-level employees to sign agreements preventing them from seeking jobs with competitors.
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Indiana agency issues plan to fight sexual assault

June 9, 2016
 Associated Press
The Indiana State Department of Health has issued a five-year plan to fight sexual assault in the state that focuses on prevention and education, particularly for children who are in high school or younger.
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FBI raids Vigo County School Corp. offices in Terre Haute

June 9, 2016
 Associated Press
FBI agents raided the main offices and other buildings of the Vigo County School Corp. in Terre Haute on Wednesday, sending employees off the premises for hours.
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Ethics commission to consider ex-BMV official's settlement

June 9, 2016
 Associated Press
The Indiana State Ethics Commission today will consider a settlement between the state and a former Indiana Bureau of Motor Vehicles official who faces ethics violations.
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Lawmakers considering prosecutor oversight in NY

June 8, 2016
 Associated Press
New York lawmakers have begun examining whether prosecutors statewide need an oversight commission where other lawyers, defendants and the public can bring complaints of misconduct.
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Mentally ill women should have attorney, 7th Circuit rules

June 8, 2016
Scott Roberts
The 7th Circuit Court of Appeals ruled a mentally ill woman who filed a federal lawsuit challenging her conviction and sentence for murder should have had a lawyer appointed to her and remanded the case to District Court.
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COA: Juvenile court has no jurisdiction to modify custody agreement

June 8, 2016
Scott Roberts
The Indiana Court of Appeals ruled a juvenile court does not have jurisdiction to modify a paternity court’s custody order and sent the case back to the lower court.
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COA majority: Mayor has power to terminate utility superintendent

June 8, 2016
Scott Roberts
The Indiana Court of Appeals reversed summary judgment in a split decision Wednesday for former city of Lawrence Utilities Board Superintendent Carlton Curry, finding the newly elected mayor had authority to terminate Curry’s employment and therefore Curry can't prevail on a wrongful discharge claim.
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Lawsuit: Ellen DeGeneres mocked woman's name for breast joke

June 8, 2016
 Associated Press
A Georgia real estate agent is suing the producer of the "The Ellen DeGeneres Show," claiming the comedian mispronounced her name to make a joke about breasts.
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Congratulations, your genius patent is now a military secret

June 8, 2016
 Bloomberg News
Just a handful of people find themselves in Jim Geer’s position, forbidden by the government from pursuing ideas laid out in patent applications due to national-security concerns.
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Long-running suit over blocked Indiana strip club dismissed

June 8, 2016
 Associated Press, IL Staff
A long-running federal lawsuit challenging a northeastern Indiana city's decision to stop a couple from opening a strip club has come to an end.
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State appeals ruling for deaf litigant denied mediation interpreter

June 7, 2016
Dave Stafford
Indiana Attorney General Greg Zoeller’s office has appealed a federal court ruling that found a Marion County court discriminated against a deaf man in violation of the Americans with Disabilities Act when it rejected his request for an American Sign Language interpreter at a court-ordered mediation session during his child custody case.
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Tax Court upholds $592,000 assessment on lakehouse

June 7, 2016
Scott Roberts
The Indiana Tax Court affirmed an appraisal of $592,000 for a woman’s property, holding the owner appealing the judgment failed to relate her evidence for a lower appraisal to a Jan. 1, 2008, valuation date.
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Merck’s patent win over Gilead reversed over false testimony

June 7, 2016
 Bloomberg News
Merck & Co.’s $200 million jury verdict against Gilead Sciences Inc. was voided in a patent dispute over a breakthrough for hepatitis C because of misconduct by a witness at the companies’ trial.
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COA affirms $147,000 judgment against smelter manufacturer

June 7, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a $147,000 judgment against a manufacturer of lead smelters, finding the trial court did not abuse its discretion when it entered default judgment against the company when it did not respond properly to a complaint.
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Judge in Stanford sex assault case called fair, respected

June 7, 2016
 Associated Press
A judge who sentenced a former Stanford University swimmer to six months in jail for sexually assaulting an unconscious woman used to play lacrosse at the school a few miles down the road from his courtroom, where attorneys said that he is respected and fair.
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Slaughter to join Indiana Supreme Court Monday

June 7, 2016
IL Staff
Geoffrey G. Slaughter will be sworn as an Indiana Supreme Court justice next week, the court announced Tuesday. Chief Justice Loretta H. Rush will administer the oath of office Monday in a brief, private ceremony, which will allow Slaughter, formerly a partner with Taft Stettinius & Hollister LLP, to begin deciding cases and handling administrative matters with his colleagues.
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Carmel facing another federal lawsuit for its traffic ordinance

June 7, 2016
Lindsey Erdody, IBJ Staff
Jason Maraman, who recently won a state lawsuit appealing his traffic ticket from Carmel, filed a new complaint in federal court on Friday. He is accusing the Carmel police officer who pulled him over of giving false testimony and targeting his vehicle for having an out-of-county license plate.
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US justices take death row appeals, Virginia redistricting case

June 6, 2016
 Associated Press
The Supreme Court of the United States accepted three cases Monday, including two that claim race is a factor.
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High court rejects appeals by Google, Ecuador and musician

June 6, 2016
 Associated Press
The Supreme Court of the United States won't hear an appeal from Google over a class-action lawsuit filed by advertisers who claim the internet company displayed their ads on "low quality" web sites.
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  1. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  2. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

  3. This law is troubling in two respects: First, why wasn't the law reviewed "with the intention of getting all the facts surrounding the legislation and its actual impact on the marketplace" BEFORE it was passed and signed? Seems a bit backwards to me (even acknowledging that this is the Indiana state legislature we're talking about. Second, what is it with the laws in this state that seem to create artificial monopolies in various industries? Besides this one, the other law that comes to mind is the legislation that governed the granting of licenses to firms that wanted to set up craft distilleries. The licensing was limited to only those entities that were already in the craft beer brewing business. Republicans in this state talk a big game when it comes to being "business friendly". They're friendly alright . . . to certain businesses.

  4. Gretchen, Asia, Roberto, Tonia, Shannon, Cheri, Nicholas, Sondra, Carey, Laura ... my heart breaks for you, reaching out in a forum in which you are ignored by a professional suffering through both compassion fatigue and the love of filthy lucre. Most if not all of you seek a warm blooded Hoosier attorney unafraid to take on the government and plead that government officials have acted unconstitutionally to try to save a family and/or rescue children in need and/or press individual rights against the Leviathan state. I know an attorney from Kansas who has taken such cases across the country, arguing before half of the federal courts of appeal and presenting cases to the US S.Ct. numerous times seeking cert. Unfortunately, due to his zeal for the constitutional rights of peasants and willingness to confront powerful government bureaucrats seemingly violating the same ... he was denied character and fitness certification to join the Indiana bar, even after he was cleared to sit for, and passed, both the bar exam and ethics exam. And was even admitted to the Indiana federal bar! NOW KNOW THIS .... you will face headwinds and difficulties in locating a zealously motivated Hoosier attorney to face off against powerful government agents who violate the constitution, for those who do so tend to end up as marginalized as Paul Odgen, who was driven from the profession. So beware, many are mere expensive lapdogs, the kind of breed who will gladly take a large retainer, but then fail to press against the status quo and powers that be when told to heel to. It is a common belief among some in Indiana that those attorneys who truly fight the power and rigorously confront corruption often end up, actually or metaphorically, in real life or at least as to their careers, as dead as the late, great Gary Welch. All of that said, I wish you the very best in finding a Hoosier attorney with a fighting spirit to press your rights as far as you can, for you do have rights against government actors, no matter what said actors may tell you otherwise. Attorneys outside the elitist camp are often better fighters that those owing the powers that be for their salaries, corner offices and end of year bonuses. So do not be afraid to retain a green horn or unconnected lawyer, many of them are fine men and woman who are yet untainted by the "unique" Hoosier system.

  5. I am not the John below. He is a journalist and talk show host who knows me through my years working in Kansas government. I did no ask John to post the note below ...

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