Courts

COA upholds judgment against ex-husband accused of violating protective order

October 14, 2016
Olivia Covington
The Indiana Court of Appeals found Friday that an Allen County man must serve out his prison sentence after he knowingly violated the protective order his ex-wife had taken out against him and that he intentionally locked her out of a house that legally belonged to her.
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COA: Man in bar fight can’t seek damages based on default

October 14, 2016
Olivia Covington
A Lake County man cannot seek damages against another man he was involved in a bar fight with after the Indiana Court of Appeals decided Friday that the plaintiff waited too long to bring up the defendant’s default in court.
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Judge denies summary judgment for jailers accused of excessive force

October 14, 2016
Olivia Covington
The U.S. District Court for the Southern District of Indiana, Terre Haute decision, denied a motion for summary judgment brought by four Terre Haute jail officers who have been accused of using excessive force against a former inmate.
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Judge: Man incompetent to stand trial for killing officer

October 14, 2016
 Associated Press
A man accused of fatally shooting an Indianapolis police officer two years ago has been found incompetent to stand trial.
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Indiana prosecutor seeking life for mom in kids' deaths

October 14, 2016
 Associated Press
A prosecutor announced Thursday that he's seeking a sentence of life without parole for an Indiana woman accused of smothering her two children after abducting them, saying such a sanction was appropriate "given the gravity of this horrible crime."
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4 charged following death of fellow Henry County inmate

October 13, 2016
 Associated Press
Four men are facing charges following the March death of a fellow inmate who was beaten in a jail in east-central Indiana.
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Appeals panel affirms murder conviction, sentence

October 13, 2016
Dave Stafford
An Indianapolis man who objected to his murder trial being scheduled later than permissible under the speedy trial rule failed to persuade the Indiana Court of Appeals to reverse his murder conviction.
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Divided COA tosses $2M DUI crash verdict over old convictions

October 13, 2016
Dave Stafford
The majority of an Indiana Court of Appeals panel held Thursday that a drunken driver’s decades-old convictions for alcohol-related offenses were irrelevant and prejudicial in a civil suit following a personal-injury crash. A dissenting judge, though, wrote the admissibility of such evidence should go to its weight rather than its age.
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Indiana judicial leaders honor Judson after 40 years with state judiciary

October 13, 2016
Olivia Covington
Judges and attorneys from around Indiana gathered together Wednesday to honor a member of the Indiana Supreme Court family who they say is the reason the court has operated effectively and efficiently for the last 40 years.
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7th Circuit allows Michigan man to sue Indiana body shop for fire that destroyed his vehicle

October 12, 2016
Olivia Covington
The 7th Circuit Court of Appeals overturned summary judgment in favor of a northern Indiana body shop Wednesday after finding that a Michigan man has legal ground to sue the body shop for a fire that destroyed his car.
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Justices say inmates can’t sue private employer for unpaid wages during incarceration

October 12, 2016
The Indiana Supreme Court granted transfer and affirmed Wednesday a trial court’s decision to dismiss a complaint seeking unpaid wages brought by inmates who claim they were underpaid while working for a private company while they were in prison.
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Feds say ASC's CEO, 3 others used kickbacks, shell firms to pull off massive fraud

October 12, 2016
IBJ Staff
An indictment unsealed Wednesday alleges that former American Senior Communities CEO James Burkhart orchestrated a massive scheme that used kickbacks and shell companies to defraud the nursing home company, its owner and federal health care programs out of many millions of dollars.
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Northwestern changes team rules after complaint to NLRB

October 12, 2016
 Associated Press
In another step toward redefining the amateur status of college athletes, Northwestern has agreed to drop social media restrictions placed on football players after a complaint about the team handbook was filed with the National Labor Relations Board.
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COA: Hotel did not conspire to commit theft from guests' room

October 12, 2016
Olivia Covington
The Indiana Court of Appeals decided Wednesday that an Evansville hotel cannot be considered negligent after its employees allowed a man into a guest room without the guests’ permission, resulting in the theft of the guests’ personal property.
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Major rights groups: Decriminalize use of all illicit drugs

October 12, 2016
 Associated Press
As Americans debate the expanding campaign to legalize marijuana, two of the nation's most prominent human rights organizations are urging a far bolder step — the decriminalization of possession and personal use of all illicit drugs.
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Full 7th Circuit to hear Ivy Tech sexual orientation discrimination case

October 11, 2016
IL Staff
The 7th Circuit Court of Appeals on Tuesday granted an ex-Ivy Tech employee’s request for the full court to hear her sexual orientation discrimination case against the school.
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COA maintains that belatedly filed records result in dismissal

October 11, 2016
Olivia Covington
The Indiana Court of Appeals has reversed an Allen Superior Court decision after finding that the trial court erred when it did not dismiss a case despite the fact that the record was not filed in a timely manner.
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Court seems favorable to defendant claiming jury race bias

October 11, 2016
 Associated Press
The Supreme Court of the United States on Tuesday suggested that racial bias in the jury room may trump the centuries-old legal principle of secrecy in jury deliberations.
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Appeals court: Consumer watchdog structure unconstitutional

October 11, 2016
 Associated Press
A federal appeals court has ruled that the structure of a U.S. consumer watchdog agency is unconstitutional because it gives too much power to a single agency director.
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Fort Wayne mom says she decided to kill kids after Amber Alert

October 11, 2016
 Associated Press
A Fort Wayne woman accused of smothering her two children after abducting them said she decided to kill them after hearing that authorities had issued an Amber Alert.
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Interactive investor files class-action suit against $1.4B sale

October 11, 2016
Jared Council
An Interactive Intelligence Inc. shareholder has sued the Indianapolis-based company and its board members over the firm's forthcoming $1.4 billion sale to another company, claiming that Interactive's value far exceeds the price and that the deal precluded competing offers.
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Crawfordsville man gets 30 years in infant son's death

October 10, 2016
 Associated Press
A 26-year-old Indiana man has been sentenced to 30 years in prison in the beating death of his infant son.
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Ginsburg calls anthem protest 'dumb and disrespectful'

October 10, 2016
 Associated Press
U.S. Supreme Court Justice Ruth Bader Ginsburg is calling the protests of football players who decline to stand for the national anthem "dumb and disrespectful."
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Indiana Supreme Court won't take case over medical bills

October 10, 2016
 Associated Press
The Indiana Supreme Court has declined to take a case involving a man who was seriously injured in a crash and amassed over $625,000 in medical bills.
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Justices weigh dispute over racial bias in jury room

October 10, 2016
 Associated Press
There was nothing subtle about the ethnic slurs a juror in Colorado is reported to have made during deliberations over a Hispanic defendant charged with inappropriately touching teenage girls.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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