Courts

Car’s color alone doesn’t support traffic stop

February 13, 2013
Jennifer Nelson
In a matter of first impression in the 7th Circuit Court of Appeals and federal courts, the judges were asked to consider whether a discrepancy between the observed color of a car and the color listed on its registration alone gives rise to reasonable suspicion of criminal activity.
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Commission for children, appellate judge retirement age legislation moving

February 13, 2013
IL Staff
The Indiana Senate passed on second reading Tuesday legislation that will create a commission on improving the status of children in the state. The introduced version of Senate Bill 125 was prepared by the Department of Child Services Interim Study Committee.
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David Marsh defends trips he took at company's expense

February 13, 2013
Scott Olson
Don Marsh's son David, who served under his father as president of Marsh Supermarkets Inc, traveled widely, often on the company jet, just as his father did.
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Indiana Sen. Mike Delph's bills raise brows in legal community

February 13, 2013
Dave Stafford
Senator drops "loser pays" attorney fees plan, but other bills target grand juries and propose retention supermajority.
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Problem-solving courts cut recidivism, help defendants

February 13, 2013
Dave Stafford
Indiana House Bill 1016 proposes to let court staff provide some rehabilitative services and collect fees for them.
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Disciplinary Actions - 2/13/13

February 13, 2013
IL Staff
Read who's resigned from the Indiana bar.
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7th Circuit affirms District Court in long-running nursing home litigation

February 12, 2013
Dave Stafford
More than a decade’s worth of litigation was tied up in a 21-page opinion from the 7th Circuit Court of Appeals on Tuesday, which affirmed decisions in favor of a landowner against the owners of a nursing home lessee.
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Supreme Court affirms what is said in mediation, stays in mediation

February 12, 2013
Marilyn Odendahl
A husband will not be able to offer as evidence comments made during a mediated settlement conference with his ex-wife, the Indiana Supreme Court has affirmed.
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Transfer vacated, justices take no new cases

February 12, 2013
IL Staff
The Indiana Supreme Court last week vacated transfer in a criminal case and took up no new cases.
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Sun Capital execs 'shocked' by Marsh financials

February 12, 2013
Scott Olson
Any feelings of satisfaction that executives of Sun Capital Partners had after completing its acquisition of Marsh Supermarkets Inc. quickly turned to “shock and surprise,” a managing director of the private-equity firm told jurors Tuesday.
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Bill enabling legislators to fight for immigration law in court gets hearing

February 12, 2013
Dave Stafford
State senators who are fighting to go to court to defend parts of Indiana’s immigration law – a law that Attorney General Greg Zoeller concluded could not withstand constitutional scrutiny – will hear a bill Wednesday that would give them the power to defend their measures in such cases.
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Marsh pilot says he flew former CEO to see mistresses

February 11, 2013
Scott Olson
Don Marsh’s personal pilot told jurors Monday morning that he ferried the former CEO of Marsh Supermarkets Inc. to New York City at least twice a month in a year’s span to visit one of his mistresses.
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Fraud victim files civil suit against ex-councilor

February 11, 2013
Cory Schouten
An Indianapolis physician who lost $1.7 million in a fraud scheme orchestrated in part by former Democratic City-County Councilor Paul C. Bateman Jr. has sued Bateman and two associates in Marion Circuit Court.
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Prosecutor requesting life without parole for 3 defendants in Indianapolis explosion

February 11, 2013
Marilyn Odendahl
Marion County Prosecutor Terry Curry has decided to request life sentences without parole, instead of the death penalty, for the three defendants charged in the Richmond Hill subdivision explosion.
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Court error denying police deposition in drug case harmless, COA rules

February 11, 2013
Dave Stafford
A Marion Superior Court should have allowed a defendant to play parts of a police officer’s deposition for impeachment purposes, but the Indiana Court of Appeals ruled that failing to admit his inconsistent statement was harmless error.
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In affirming DUI on appeal, judges include predictive warning

February 11, 2013
Dave Stafford
An argument made on appeal in a drunken-driving case that the person who certified the operating condition of a breath-test machine should have been required to testify was rejected Monday by the Indiana Court of Appeals, which also warned in a footnote that such a ruling could cost criminal defendants.
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Applications open for St. Joseph judgeship

February 11, 2013
IL Staff
Applications are being accepted for a forthcoming vacancy on the St. Joseph Superior Court, the Indiana Supreme Court has announced.
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Thief who aimed to teach victim ‘lesson’ gets no relief on appeal

February 8, 2013
Dave Stafford
An Indianapolis man who said he stole a video monitoring system and car wash tickets to teach the victim a lesson about leaving valuables in an unlocked car lost his appeal Friday.
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Former Marsh CFO sought out bankruptcy lawyers

February 8, 2013
Scott Olson
A former top executive of Marsh Supermarkets Inc. became so concerned about the company’s deteriorating finances less than a decade ago that he took the desperate step of meeting with bankruptcy lawyers.
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Jury: Real estate execs Bales, Spencer not guilty of fraud

February 8, 2013
Cory Schouten
John M. Bales lifted his crossed hands to his face and began to cry Thursday evening as a federal judge read the same jury verdict on each of 13 fraud counts against the real estate broker and his partner: Not guilty.
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Marsh defense: Travel was integral to company success

February 7, 2013
Scott Olson
Without membership in certain international business organizations, Don Marsh says he could not have built his grocery chain into a billion-dollar company.
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Bales trial in jury's hands after colorful closings

February 7, 2013
Cory Schouten
The jury began deliberations Thursday in the federal fraud trial of Indianapolis real estate broker John M. Bales and partner William E. Spencer after three hours of spirited closing arguments Wednesday.
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Judges uphold man’s 151-month sentence

February 7, 2013
Jennifer Nelson
A judge on the 7th Circuit Court of Appeals believed a defendant was entitled to resentencing because the District judge could only view him through “career-offender tinted glasses” even though the career offender distinction did not ultimately apply to him.
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District judge incorrectly dismissed prisoner’s suit for length and unintelligibility

February 7, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals ordered U.S. Judge William T. Lawrence to take another look at a federal prisoner’s Bivens lawsuit against prison staff and other unnamed defendants, finding that the lawsuit is actually written clearly and not as long as the judge believed when dismissing it.
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Woman’s sentence revised because she is not among ‘worst offenders’

February 7, 2013
Jennifer Nelson
A home health care nurse whose flight from police while high on drugs and with her 89-year-old patient in the car had her sentence reduced because the Court of Appeals concluded she is not among the “worst offenders.” The high-speed chase led to a crash and the death of the patient from injuries she sustained.
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  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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