Legal News

Gary bar loses by default, owes fight promoter $6,000

July 19, 2016
Dave Stafford
A Gary bar that allowed patrons to watch an Ultimate Fighting Championship broadcast must pay more than $6,000 in damages for failing to pay for a license to air the broadcast, a federal judge ruled.
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State revenue department bound by 1998 ruling

July 19, 2016
Jennifer Nelson
The Indiana Department of State Revenue should have granted a medical equipment company’s request for a sales tax refund, the Indiana Tax Court ruled, finding the department is bound by its published ruling interpreting the exemption at issue.
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Appeals court says prosecutor manual can stay secret

July 19, 2016
 Associated Press
A federal appeals court says the Justice Department does not have to turn over a prosecution training manual to defense attorneys.
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After 10-year legal battle, Zionsville approves Wal-Mart's store plans from 2006

July 19, 2016
Lindsey Erdody, IBJ Staff
The Zionsville Plan Commission on Monday night unanimously approved Wal-Mart Stores Inc.’s 10-year-old proposal to construct a store in one of the area's top retail corridors.
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3rd officer acquitted in black man's police custody death

July 19, 2016
 Associated Press
A judge further hollowed out the case against six Baltimore police officers charged in the death of a young black man, delivering a third consecutive acquittal and ruling once again that prosecutors failed to prove officers intentionally hurt Freddie Gray.
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Man guilty in murder of man whose body was found at power plant

July 19, 2016
 Associated Press
A southwestern Indiana jury has found a man guilty of murder and conspiracy to commit murder in the shooting death of a man at a power plant.
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Southern District mandatory pro bono service to start in October

July 18, 2016
Marilyn Odendahl
Attorneys could be tapped to handle cases under the U.S. District Court for the Southern District of Indiana’s new mandatory pro bono rule before the end of this year.
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What’s in a name? Litigation, if it’s Square Donuts

July 18, 2016
Dave Stafford
A federal judge last week kept alive a lawsuit filed by a northern Indiana maker and seller of Square Donuts against Square Donuts Inc., the Terre Haute-based company that sells its trademarked treats mostly across the four corners of southern Indiana.
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Ball State University settles excessive force lawsuit

July 18, 2016
 Associated Press
Ball State University has agreed to pay a local hip-hop artist $10,000 to settle an excessive force civil lawsuit after one of its officers used a leg sweep to take the person to the ground.
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Website set up for COA judges facing retention vote

July 18, 2016
IL Staff
Indiana’s state courts have established a website with information about four Indiana Court of Appeals judges facing retention on the November ballot.
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Cass County adopts e-filing; Elkhart up next

July 18, 2016
IL Staff
Cass County became the 10th in the state to implement electronic filing in its Circuit and Superior courts Monday, and the rollout of e-filing will continue next Monday when Elkhart County begins to offer the service.
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GM avoids some claims in suits over faulty ignition switches

July 18, 2016
 Bloomberg News
A federal judge dismissed a swathe of customer claims in the nationwide litigation over General Motors Co.’s deadly ignition switch defect that triggered the recall of millions of vehicles two years ago.
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Mandatory pro bono starting in Southern District

July 15, 2016
Marilyn Odendahl
The U.S. District Court for the Southern District of Indiana has adopted a new local rule which will mandate certain attorneys provide pro bono services to pro se litigants.
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COA affirms propane company must pay customers’ attorney fees

July 15, 2016
Jennifer Nelson
The Indiana Court of Appeals agreed with a trial court that a propane company is on the hook for two customers’ attorney fees after it failed to deliver prepaid propane gas under an agreement with the couple.
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Man charged in shooting officer's home wants trial moved

July 15, 2016
 Associated Press
A man accused of shooting at the home of an Indianapolis police officer days after a sniper killed five Dallas police officers told a judge Friday he doesn't believe he can get a fair trial in the Indianapolis area.
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Brady to drop appeal, serve 4-game 'Deflategate' suspension

July 15, 2016
 Associated Press
Tom Brady said on Friday he will stop fighting his suspension for "Deflategate," a scandal that tarnished the reputation of one of the sport's best players, tested the authority of Commissioner Roger Goodell and exposed rifts inside the league office.
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Judges uphold teen’s 40-year sentence for brutal attack on homeowner

July 15, 2016
Jennifer Nelson
A Grant County teen who participated in the rape of a homeowner during his burglary of her home deserves the 40-year sentence imposed in adult court, the Indiana Court of Appeals ruled Friday.
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Senior judge faces discipline case for OWI, alleged cover-up bid

July 15, 2016
Dave Stafford
Indiana Court of Appeals Senior Judge William Garrard will face judicial discipline proceedings after driving drunk in Mooresville last November, colliding with a car and later asking a policeman at the hospital to forget about it.
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Conour asks 7th Circuit for non-public defender to reopen appeal

July 15, 2016
Dave Stafford
Former Indiana lawyer William Conour filed a pro se jailhouse pleading Thursday asking the 7th Circuit Court of Appeals to appoint a non-public defender at taxpayer expense to reopen the limited appeal of his wire fraud conviction.
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Church not entitled to $322,000 on breach of contract claim

July 14, 2016
Jennifer Nelson
A trial court erred when it determined that a church was entitled to $322,000 on its breach of contract claim after its building lessor ordered the church to vacate the premises before the end of its contract, the Indiana Court of Appeals ruled.
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Quoting Dickens’ ‘Bleak House,’ judge decides 24-year-old lawsuit

July 14, 2016
Dave Stafford
A Lake County judge on Wednesday ordered summary judgment for defendants in a 24-year-old lawsuit he likened to the interminable Jarndyce and Jarndyce case in Charles Dickens’ novel “Bleak House.”
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Doctor’s criminal charges provide 2 first impression issues

July 14, 2016
Jennifer Nelson
The Indiana Court of Appeals had to decide two issues of first impression Thursday in an appeal regarding charges of reckless homicide and issuing an invalid prescription for legend drugs by a practitioner against an Indianapolis doctor.
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COA: Law doesn’t require insurer to provide UIM coverage

July 14, 2016
Jennifer Nelson
A trial court erred by denying an insurance company’s motion for summary judgment regarding underinsured motorist coverage because a law change in 2005 no longer required it to provide that coverage.
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Indianapolis man charged in shooting at officer's home

July 14, 2016
 Associated Press
An Indianapolis man who allegedly fired shots into a police officer's home as his wife and child slept inside has been charged with criminal recklessness and unlawful possession of a firearm by a serious violent felon.
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Time running out to get Indiana judicial nominees confirmed

July 14, 2016
Marilyn Odendahl
Three Democratic senators failed in their attempt Wednesday to force the Senate to hold a vote on the nominees to the federal bench, creating more doubt as to how many judges will be confirmed before the end of the year.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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