Courts

NH judges, lawyers draft rules to not jail poor who owe fines

April 25, 2016
 Associated Press
Judges and lawyers for the New Hampshire Civil Liberties Union have hammered out an agreement that would halt the jailing of indigents who fail to pay fines until a lawyer can be appointed for them. Some Indiana trial courts plan to utilize a risk assessment tool to identify who can be discharged without posting bail.
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Overloaded van driver gets 2 years for crash that killed 2

April 25, 2016
 Associated Press
The driver of an overloaded van that overturned on a southwestern Indiana highway, killing two women, may serve as little as two years in prison after pleading guilty to 10 charges.
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Indiana teen who killed man at age 12 gets chance at freedom

April 25, 2016
 Associated Press
A northern Indiana teenager who was 12 years old when he helped kill his friend's stepfather has a chance at freedom.
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Appeals court: QB Tom Brady must serve 'Deflategate' penalty

April 25, 2016
 Associated Press
A federal appeals court has ruled that New England Patriots quarterback Tom Brady must serve a four-game "Deflategate" suspension imposed by the NFL, overturning a lower judge and siding with the league in a battle with the players union.
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7th Circuit seeks public comment on civil jury instructions

April 25, 2016
IL Staff
The 7th Circuit Pattern Jury Instruction Committee has released revised pattern Section 1983 civil jury instructions which will be available for comment through Friday.
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Indiana Supreme Court accepts 1 case on transfer

April 25, 2016
IL Staff
The Indiana Supreme Court granted transfer in one case last week that it decided Friday, unanimously denying the 12 others that were up for transfer.
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Supreme Court clarifies employment discrimination case

April 25, 2016
Scott Roberts
The Indiana Supreme Court clarified an employment discrimination case Friday afternoon in one of the last opinions written by retiring Justice Brent Dickson. The decision explained when summary judgment should be used and what courts should be looking for when deciding such cases, ultimately affirming the Court of Appeals.
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COA: Federal statute supersedes state one

April 22, 2016
The Indiana Court of Appeals ruled a federal statute supersedes a state one regarding the time period in which to sue and thus reversed a decision from the trial court which denied a company’s motion to dismiss a claim against it for breach of contract.
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3 reappointed to Supreme Court Disciplinary Commission

April 22, 2016
IL Staff
The Indiana Supreme Court reappointed three members to its disciplinary commission Thursday. Nancy L. Cross, Andrielle M. Metzel and Trent A. McCain’s terms were scheduled to expire June 30, and will now serve another five-year term.
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Indianapolis man gets 4 life sentences in quadruple killing

April 22, 2016
 Associated Press
An Indianapolis man has been sentenced to four consecutive life terms after his February guilty plea to four drug-related killings spared him a possible death sentence.
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COA: Time expired in bringing criminal trial

April 22, 2016
Scott Roberts
The Indiana Court of Appeals reversed a man’s felony and misdemeanor charges after it found the state did not bring him to trial within a 365-day time period.
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Ex-lawyer who lied to lenders in Maxim deal gets prison time

April 22, 2016
 Bloomberg News
A former lawyer at Bryan Cave LLP was sentenced to six months in prison for lying to lenders as part of a failed scheme to buy Maxim Magazine through impersonation, a false email and stolen money.
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China: Can't sue Cabinet-level agency over Chinese drywall

April 22, 2016
 Associated Press
China's Ministry of Justice has sent back a lawsuit in which thousands of U.S. homeowners in six states say a Cabinet-level agency should pay for damage to their homes from defective drywall made in China.
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Uber drivers' $100M deal may set pace for gig economy

April 22, 2016
 Associated Press
Uber Technologies Inc. resolved the biggest threat to its business by settling with California drivers suing to be treated more like traditional employees, a move that could have broad-ranging implications for companies across the sharing economy.
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Justices find man did not waive his right to jury trial

April 21, 2016
Scott Roberts
The Indiana Supreme Court reversed and remanded a man’s conviction for Class D felony domestic battery after it found his silence did not constitute a waiver to right of trial by jury.
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Former Indianapolis coach faces 10 years to life in prison

April 21, 2016
 Associated Press
A former Indianapolis high school boys' basketball coach faces 10 years to life in prison if convicted of trying to entice a 15-year-old student to have sex with him.
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Sued company should get attorney fees, COA rules

April 21, 2016
Scott Roberts
The Indiana Court of Appeals ruled a company that dropped a lawsuit against another for breach of warranty must still pay attorney fees of the company they sued.
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COA majority: Conditional language is still a threat

April 21, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction for Class A misdemeanor intimidation in a 2-1 decision after it found the conditional language he used in the threat placed his victim in danger of retaliation for a lawful act.
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VW reaches outline agreement with US to overcome crisis

April 21, 2016
 Bloomberg News
Volkswagen AG agreed to fix or buy back about 500,000 tainted cars in the U.S., taking a significant step forward in its effort to emerge from the emissions-cheating scandal.
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Attorney: NCAA also deserves blame in UNC fraud scandal

April 21, 2016
 Associated Press
An attorney representing two ex-University of North Carolina athletes says the school and Indianapolis-based NCAA are both responsible for UNC's long-running academic fraud scandal that he says denied athletes a quality education.
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Dickson hears final argument in historic Corydon courthouse

April 20, 2016
Jennifer Nelson
The Indiana Supreme Court’s five justices traveled to Corydon Wednesday to hear arguments in a modern case presented in the original Supreme Court courtroom built for just three justices. The event was part of the celebration of the state’s bicentennial and also was Justice Brent Dickson’s final oral argument.
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3 charged with several crimes in Flint water crisis

April 20, 2016
 Associated Press
Two state regulators and a Flint employee were charged Wednesday with evidence tampering and other felonies and misdemeanors, for the first time raising the lead-tainted water crisis in the Michigan city to a criminal case.
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COA: Man’s habeas petition should be dismissed

April 20, 2016
Scott Roberts
The Indiana Court of Appeals remanded a man’s petition for habeas corpus and ordered the trial court to dismiss his claims after the judges said he improperly filed his petition without permission from the court.
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High court upholds Arizona redistricting plan

April 20, 2016
 Associated Press
A unanimous U.S. Supreme Court says an Arizona commission did not violate the principle of one-person, one-vote when it redrew the state's legislative districts in a way that created some with more residents than others.
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Terror victims win Supreme Court judgment against Iran

April 20, 2016
 Associated Press
The Supreme Court of the United States on Wednesday upheld a judgment allowing families of victims of the 1983 Marine barracks bombing in Beirut and other terrorist attacks to collect nearly $2 billion in frozen Iranian funds.
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  1. 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.

  2. 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.

  3. 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 ...

  4. "...not those committed in the heat of an argument." If I ever see a man physically abusing a woman or a child and I'm close enough to intercede I will not ask him why he is abusing her/him. I will give him a split second to cease his attack and put his hands in the air while I call the police. If he continues, I will still call the police but to report, "Man down with a gunshot wound,"instead.

  5. And so the therapeutic state is weaonized. How soon until those with ideologies opposing the elite are disarmed in the name of mental health? If it can start anywhere it can start in the hoosiers' slavishly politically correct capital city.

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