Courts

Asian-American band fights trademark law's disparagement standard before SCOTUS

December 14, 2016
Marilyn Odendahl
Any rock band worth its volume is anti-establishment. However, a Chinatown dance rock ensemble is kicking up the volume by actively fighting the status quo and, as a result, could topple a key section of a 70-year-old trademark registration statute and possibly the entire U.S. trademark system.
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Federal lawsuit victor puts the ‘pro’ in pro se

December 14, 2016
Dave Stafford
An ex-teacher who won a $203,840 due process jury award in his lawsuit over his termination speaks out.
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COA keeps man’s name on sex offender registry

December 13, 2016
Olivia Covington
A man who has been convicted of multiple sex offenses must keep his name on the Indiana Sex Offender Registry for now after the Indiana Court of Appeals found Tuesday that he had failed to present a proper petition to keep his name off of the registry.
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ACLU challenges Clarksville yard-inspection ordinance

December 13, 2016
Olivia Covington
A Clarksville resident is suing the southern Indiana town for entering her yard without her permission or warrant, an action she says violates her Fourth Amendment rights.
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Drug dealer’s convictions upheld after ‘exceptionally weak’ arguments

December 13, 2016
Olivia Covington
The 7th Circuit Court of Appeals denied Monday a convicted drug dealer’s appeal of his drug conspiracy and firearm convictions and related sentence, calling his numerous arguments for reversal “exceptionally weak.”
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Cosby quips to security, ‘Don't tase me, bro’ before court

December 13, 2016
 Associated Press
Bill Cosby greeted security officers in Norristown, Pennsylvania with a joke Tuesday morning before a hearing in his sexual assault case, quipping, "Don't tase me bro" as they wanded him on his way into a suburban Philadelphia courtroom.
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Court rejects Illinois-Indiana gunrunner’s Facebook argument

December 13, 2016
 Associated Press
An appeals court in Chicago has reaffirmed that your Facebook posting can potentially be used against you in court.
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Hogsett unveils vision for jail, criminal justice reform

December 12, 2016
Dave Stafford
Indianapolis Mayor Joe Hogsett outlined his vision Monday — one he called “bold in its concept and immense in its scope” — for a new jail and a reformed criminal justice system that would prioritize mental health and addiction treatment for non-violent offenders.
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COA: Man’s sex-offender probation conditions 'overly broad'

December 12, 2016
Olivia Covington
Although a Boone County man waived his right to object to the delay of the imposition of the sex-offender conditions of his probation, the Indiana Court of Appeals found Monday that a handful of those convictions were erroneously imposed.
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Adams Co. judge not required to recuse himself from case involving former client

December 12, 2016
Olivia Covington
An Adams County judge who presided over a case in which the defendant was his former legal client was not required to recuse himself, the Indiana Court of Appeals found Monday.
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High court won't hear challenge to internet sales tax law

December 12, 2016
 Associated Press
The Supreme Court of the United States won't hear a challenge to a Colorado law that requires out-of-state internet retailers to tell customers how much they owe in state sales taxes.
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Child molester’s failure to register conviction vacated

December 12, 2016
Olivia Covington
A convicted child molester will not also have a conviction of failure to register as a sex offender after the Indiana Court of Appeals found Monday that his arrest was premature.
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Justices to hear case of man convicted of mistreating police dog

December 12, 2016
IL Staff
The Indiana Supreme Court will decide if South Bend police officers unnecessarily deployed the use of Tasers and a police dog on a man stopped during a traffic pursuit after granting transfer in the case of a man convicted of mistreating K-9 officer.
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Supreme Court rejects death row appeals

December 12, 2016
 Associated Press
The Supreme Court on Monday turned away appeals from death row inmates in four states that raised different questions about the fairness of capital punishment.
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Supreme Court leaves $1B NFL concussion settlement in place

December 12, 2016
 Associated Press
The Supreme Court of the United States on Monday rejected challenges to the estimated $1 billion plan by the NFL to settle thousands of concussion lawsuits filed by former players, clearing the way for payouts to begin to those who have been diagnosed with brain injuries linked to repeated concussions.
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ACLU suing Knightstown over illuminated cross display

December 12, 2016
 Associated Press
The American Civil Liberties Union is suing a central Indiana town over the display of a cross as part of its Christmas decorations.
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Indianapolis mayor to unveil new jail, criminal justice changes

December 12, 2016
 Associated Press
Indianapolis’ mayor is proposing construction of a new jail and changes to the local criminal justice system to place a greater emphasis on assessing inmates for mental illness and substance abuse problems.
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COA: Felon’s right to bear arms was not reinstated

December 9, 2016
Olivia Covington
A trial court judge’s statement that he was not going to prevent a convicted felon from possessing a firearm at his post-conviction hearing is not the equivalent of the reinstatement of the man’s right to bear arms, the Indiana Court of Appeals found Friday.
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Washington state suing agrochemical giant over PCB pollution

December 9, 2016
 Associated Press
Washington has become the first U.S. state to sue the agrochemical giant Monsanto over pervasive pollution from PCBs, the toxic industrial chemicals that have accumulated in plants, fish and people around the globe for decades. The company said the case "lacks merit."
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Women sue groom, event company after being hit by drone

December 9, 2016
 Associated Press
Two women are suing a groom and the event company that ran his wedding reception after they allege he flew a drone that hit them in the head at the New Hampshire event.
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Dylann Roof laughed during church slaying confession to FBI

December 9, 2016
Dylann Roof hesitated for about 20 seconds when an FBI agent asked him what he was doing on the night nine black church members were killed during Bible study in a historic congregation in Charleston, South Carolina.
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Indiana man charged with killing father claims self-defense

December 9, 2016
 Associated Press
A northeast Indiana man charged with killing his father alleges he fired the fatal shots because he feared for his life.
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COA affirms mom’s convictions targeting stepmom

December 9, 2016
Olivia Covington
The Indiana Court of Appeals affirmed a mother’s intimidation convictions Friday, writing that her children’s stepmother had lawful custody of the children, so the mother’s threats against the woman constituted intimidation based on a prior lawful act.
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COA reaffirms decision imposing sanctions on mental health service provider

December 9, 2016
Olivia Covington
The Indiana Court of Appeals has reaffirmed an earlier decision finding that sanctions against a mental health provider were warranted, making clear Friday that it fully understood why the sanctions were imposed.
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Hearing set for Chicago man denied pardon by Pence

December 9, 2016
 Associated Press
A Chicago man denied a pardon by Gov. Mike Pence for a robbery he said he did not commit will get a hearing in March for his request for a new trial.
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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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