Courts

Federal court: Disbarred lawyer can’t seek judgeship

August 10, 2016
Dave Stafford
A disbarred Goshen lawyer who wanted to run for judge of Elkhart Circuit Court got nowhere trying to convince a federal judge he was wrongly denied the opportunity.
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Judge denies Blagojevich's bid to lighten 14-year sentence

August 10, 2016
 Associated Press
A federal judge refused Tuesday to lighten Rod Blagojevich's original 14-year prison sentence for corruption, rejecting pleas for lenience by the now white-haired former Illinois governor who attended the resentencing hearing by video from a Colorado prison a thousand miles away.
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Lawsuit planned by fans over called-off Hall of Fame game

August 10, 2016
 Associated Press
Several fans who traveled to Canton, Ohio, for the National Football League Hall of Fame game that was canceled on Sunday night because of poor field conditions are planning to sue the NFL and the hall.
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Fitness trackers add to flood of digital evidence in courts

August 10, 2016
Marilyn Odendahl
The law surrounding the information is still evolving, particularly in the area of privacy and Fourth Amendment rights. Civil, but more likely criminal, attorneys will be handling digital evidence more and more especially as law enforcement increasingly relies on technology to track suspects and link them to crimes.
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Keaton: NIED: Impact, involvement and injury

August 10, 2016
Must a physical injury occur before a plaintiff may recover for negligent infliction of emotional distress? Perhaps not.
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Legal battles spark EPA to set emission standards for composite wood products

August 10, 2016
Marilyn Odendahl
Nearly 11 years after the survivors of Hurricane Katrina began blaming their FEMA trailers for their health problems, the U.S. Environmental Protection Agency has issued a new rule addressing what is believed to have been the main cause of their suffering — formaldehyde.
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Patel decision restricts feticide prosecutions

August 10, 2016
Dave Stafford
The Indiana Court of Appeals holds the Legislature didn’t intend feticide charges for pregnant women.
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$25M verdict poses tough questions for COA

August 10, 2016
Marilyn Odendahl
Hearing arguments about a case that resulted in what may be among the largest awards for loss of consortium, the Indiana Court of Appeals repeatedly questioned what amount of damages is too much and when a jury’s decision should be overturned.
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E-filed documents may tell more than attorneys intend

August 10, 2016
Dave Stafford
Court officials are recommending lawyers be cautious when submitting e-filed documents, because those submissions may carry metadata revealing more than an attorney might intend.
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Discipinary Actions - 8/10/16

August 10, 2016
IL Staff
Read which judge recently was publicly reprimanded.
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7th Circuit dogs insurer’s defense

August 9, 2016
Marilyn Odendahl
An insurance company’s argument that a houseguest injured by the family dog was legally responsible was mauled, chewed and spit out by the 7th Circuit Court of Appeals.
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His hair now white, Blagojevich appears for resentencing

August 9, 2016
 Associated Press
Former Illinois Gov. Rod Blagojevich appeared on a courtroom video in Chicago Tuesday in prison-issued clothing, his once dark hair now white, as a judge weighed whether to cut his 14-year sentence after an appeals court threw out some convictions related to his alleged attempt to sell or trade an appointment to President Barack Obama’s old Senate seat.
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GM seeks to extend winning streak in Texas ignition-switch trial

August 9, 2016
 Bloomberg News
General Motors Co. has put two civil trials over its defective ignitions behind it without a loss. A third trial started Tuesday in what could be one of its toughest cases: a Texas teenager arrested for manslaughter in a death later linked to the faulty switch seeks compensation.
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Former prison guard pleads guilty to sex with inmate

August 9, 2016
 Associated Press
A former corrections officer at the Indiana Women's Prison in Indianapolis has pleaded guilty to having sex with an inmate.
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COA splits over earliest, latest possible release dates

August 9, 2016
Dave Stafford
Two of three judges on an Indiana Court of Appeals panel urged lawmakers to revisit a requirement that trial courts advise convicts of their earliest and latest possible release dates, but a third judge dismissed the majority’s position that the requirement “imposes an impracticable burden on our trial courts.
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Service, silence to mark anniversary of Michael Brown's death

August 9, 2016
 Associated Press
A memorial service and moment of silence are planned today to mark the two-year anniversary of Michael Brown's fatal shooting by a police officer in Ferguson, Missouri. Brown's death was a catalyst for the Black Lives Matter movement.
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Man pleads guilty in church school's paddling incidents

August 9, 2016
 Associated Press
A former southern Indiana church employee has pleaded guilty to three misdemeanors after being accused of paddling children at the church's boarding school.
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Man charged in deadly house explosion reaches plea deal

August 9, 2016
 Associated Press
A man charged with murder for his role in a deadly Indianapolis house explosion has reached a plea deal weeks before his scheduled trial.
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Indiana voter ID law differs from recent overturned rulings

August 8, 2016
 Associated Press
Indiana's voter identification law differs from recently overturned laws in other states that legal experts say have caused disenfranchisement among minorities.
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NCAA athletes allowed to pursue $1B compensation case

August 8, 2016
 Bloomberg News
The National Collegiate Athletic Association must face claims by tens of thousands of current and former students testing the limits on how much compensation they can get for years of playing basketball and football.
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Whirlpool tries freezing copycat fridge filters with 40 lawsuits

August 8, 2016
 Bloomberg News
Whirlpool Corp. has filed 40 lawsuits to protect one replacement part: a $50 refrigerator water filter.
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State seeks mental health, addiction professionals for symposium

August 8, 2016
IL Staff
State agencies hosting a September forum to raise awareness of mental illness and addiction are seeking professionals to discuss solutions at the eighth annual Indiana Annual Recovery Month Symposium Sept. 26-27.
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Aetna judge hands off Anthem merger case to speed trials

August 8, 2016
 Bloomberg News
The judge overseeing two U.S. cases challenging mergers among four of the biggest health insurers gave up one case, improving the odds for rulings on both tie-ups by the end of the year and reducing the chance they fall apart beforehand.
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Trial delayed for Spencer man in girl's abduction, killing

August 8, 2016
 Associated Press
The trial of a southern Indiana man accused of abducting and killing a 1-year-old girl has been delayed.
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Slaughter’s investiture ceremony Thursday

August 8, 2016
IL Staff
The Indiana Supreme Court’s newest justice will have his investiture ceremony Thursday.
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  1. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  2. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  3. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

  4. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  5. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

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