Courts

Federal court rejects convicted financier's sentence appeal

February 4, 2016
 Associated Press
A federal appeals court has rejected a former Indianapolis businessman's bid to shorten his 50-year sentence for defrauding investors of $200 million.
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Exonerated Gary man readjusts to life outside of prison

February 4, 2016
 Associated Press
A 47-year-old Gary man is readjusting to life outside of prison after he spent nearly 24 years behind bars for robbery and murder convictions that were overturned in appeal.
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Suit by man accused of killing Indianapolis officer tossed

February 4, 2016
 Associated Press
A federal judge in Indianapolis has thrown out a $2.3 million lawsuit filed by a man charged in the killing of a police officer. Among the defendants named in the suit is the officer he allegedly killed.
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Led Zeppelin members deposed in 'Stairway to Heaven' lawsuit

February 3, 2016
 Bloomberg News
The surviving members of Led Zeppelin have all been questioned in a lawsuit that alleges their hit "Stairway to Heaven" was filched from an obscure song by the band Spirit. Jimmy Page, John Paul Jones, and Robert Plant were each deposed separately over the past month as part of pretrial discovery in the copyright infringement case, new filings in Los Angeles federal court show.
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COA affirms negligence action barred against woman’s employer

February 3, 2016
Jennifer Nelson
An employee who received workers’ compensation benefits for her injury on work property is barred by the Workers’ Compensation Act from filing a negligence lawsuit against her employer and its subsidiaries, the Indiana Court of Appeals affirmed Wednesday.
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Cosby lawyer says comedian was assured he was in the clear

February 3, 2016
 Associated Press
Bill Cosby's top legal adviser said Wednesday that he never would have let the comedian testify in a 2005 lawsuit if he thought Cosby could still face sexual assault charges in the matter.
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New Southern District magistrate sworn in

February 3, 2016
IL Staff
Matthew P. Brookman was sworn in Monday as the newest magistrate judge in the U.S. District Court for the Southern District of Indiana. He is filling the vacancy created by the retirement of Magistrate Judge William G. Hussmann, whose last day was Friday.
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Judge in power plant body case once represented suspect

February 3, 2016
 Associated Press
A southwestern Indiana judge who will preside over the murder trial of a man accused in a killing at a power plant has told attorneys that he once represented the suspect in an unrelated case.
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Judge says Spierer search warrants must remain sealed

February 3, 2016
 Associated Press
A judge says information regarding search warrants connected to the 2011 disappearance of an Indiana University student need to remain sealed so the investigation won't be compromised.
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Indiana AG sues 3 companies in alleged tax-sale scheme

February 3, 2016
 Associated Press
Indiana is suing three out-of-state companies for allegedly orchestrating a scheme that bilked dozens of state residents out of millions of dollars after their homes were sold in tax sales.
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2 found in contempt for practicing law

February 2, 2016
IL Staff
The Indiana Supreme Court has fined two attorneys after finding them in contempt for practicing law while one was suspended and after one had resigned from the bar nearly 10 years ago.
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COA: CDL holder cannot enter diversion program for alcohol offenses

February 2, 2016
Jennifer Nelson
A man who held a commercial driver’s license and pleaded guilty to two misdemeanor drunken-driving offenses cannot participate in a diversion program, the Indiana Court of Appeals ruled Tuesday. One judge on the panel had concerns that the law treats CDL holders and those without a CDL differently.
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Former Indy developer going back to prison for a year

February 2, 2016
Greg Andrews, IBJ Staff
Former Indianapolis developer Sydney “Jack” Williams avoided legal disaster six years ago when prosecutors concluded he was an unwitting participant in a Miami fraudster’s $930 million Ponzi scheme.
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Cosby's lawyers push to get sexual assault case thrown out

February 2, 2016
 Associated Press
Bill Cosby arrived at court Tuesday to try to get the sexual assault charges against him thrown out because of what his lawyers say was a binding commitment by a previous district attorney not to prosecute him a decade ago.
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LeBron, Kobe tattoos in video games trigger copyright suit

February 2, 2016
 Bloomberg News
LeBron James and Kobe Bryant are at the center of an obscure legal battle over a simple question: Can tattoos be copyrighted?
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Indiana man gets 27 months in international spam case

February 2, 2016
 Associated Press
An Indiana man who helped send millions of illegal spam messages to U.S. and international cellphones and computers has been sentenced to 27 months in federal prison by a federal judge in Pennsylvania.
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Tax Court upholds land reclassification over assessor’s objection

February 1, 2016
Jennifer Nelson
The Indiana Tax Court affirmed a final determination by the state Board of Tax Review to reclassify nearly 3 acres of property from excess residential to agricultural, finding enough evidence to support the decision.
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Doctors’ affidavits cannot defeat summary judgment

February 1, 2016
Jennifer Nelson
The affidavits submitted as evidence by the treating physicians being sued for medical malpractice were factually inadequate and did not raise a genuine issue of material fact regarding their care of the plaintiff, the Indiana Court of Appeals held Monday.
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Feds seek prison for Indiana man in international spam case

February 1, 2016
 Associated Press
Federal prosecutors in Pittsburgh want an Indiana man sent to prison for helping send millions of illegal spam messages to U.S. and international cellphones and computers.
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Indiana Judges Association launches website

February 1, 2016
IL Staff
The Indiana Judges Association is now online. The organization has created a website with information for judicial officers and the public.
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Cardiologist wins $1.58M wrongful firing judgment

February 1, 2016
Dave Stafford
An Indianapolis jury recently awarded a cardiologist fired from St. Vincent Medical Group $1.58 million after a two-week trial on his allegations of wrongful termination, breach of contract, tortious interference and other claims.
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Brief: Pence discriminating against Syrian refugees, posing security risk

February 1, 2016
Dave Stafford
Indiana Gov. Mike Pence is unlawfully discriminating against Syrian refugees based on their national origin, argues a reply brief in a federal lawsuit that also includes statements from bipartisan national security experts who say his bid to suspend their resettlement is contrary to national security interests.
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COA declines to extend civil ruling to PCR case

January 29, 2016
Jennifer Nelson
The Indiana Court of Appeals rejected an inmate’s request that In re Adoption of O.R. provides him an option for filing a belated notice of appeal.
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Dog sniff during traffic stop did not violate Constitution

January 29, 2016
Marilyn Odendahl
The time it took for the police pup to arrive and sniff around a vehicle did not unreasonably prolong the traffic stop in violation a driver’s Constitutional rights, the Indiana Court of Appeals has ruled.
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Court split on whether defendant’s actions were proximate cause of injury

January 29, 2016
Jennifer Nelson
A divided Indiana Court of Appeals ordered a man’s Level 6 felony resisting law enforcement conviction reduced to a misdemeanor because of a lack of evidence his actions were the proximate cause of the police officer’s injury during a foot chase.
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  1. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  2. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  3. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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