Government

Judges reject man’s Department of Toxicology claims

February 18, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld the denial of the motion by a man charged with drunken driving to exclude any evidence or testimony from the state Department of Toxicology. The court rejected his argument that there were no rules or regulations on the books regarding the newly created department.
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Same-sex marriage amendment passes Senate

February 18, 2014
IL Staff
The resolution seeking to ban same-sex marriage in the Indiana Constitution passed the Senate Monday, meaning the soonest voters may have a say in the matter is 2016.
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COA finds dismissal of judicial review petition not warranted

February 14, 2014
Jennifer Nelson
Noting that the Indiana Supreme Court has been divided on this issue – but will take it up soon – the Indiana Court of Appeals has held that it could review the dismissal of a petition for judicial review even though the company filing the petition did not file a complete, certified agency record.
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Appeals court: IBM materially breached contract with state

February 13, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed a Marion County judge’s finding that IBM did not materially breach the contract it had with the state to modernize its welfare system. As a result, the appeals court ordered a determination of damages to the state.
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Marion County clerk to marry couples for good cause

February 12, 2014
IL Staff
It’s nearly Valentine’s Day, and some couples will be tying the knot on the most romantic day of the year. For those who’d like to get married on Valentine’s Day but haven’t yet booked a venue, Marion County Clerk Beth White will marry couples Friday in an effort to raise money for the American Heart Association’s “Go Red for Women” campaign.
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Why I love the law

February 12, 2014
IL Staff
In honor of Valentine’s Day, we asked Indiana Lawyer readers to tell us why they love the law. The responses contain a common theme – people – whether it’s working with talented colleagues, teaching others about the law or helping people navigate through the legal waters.
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Proposed rule clears up ambiguities on release of mental health patients' names

February 12, 2014
Marilyn Odendahl
What the U.S. Department of Health and Human Services calls a modification to rules protecting patient privacy has sparked similar outcries from groups that might normally find themselves opposing each other. The National Alliance on Mental Illness and the Gun Owners of America both have come out against a proposed rule change to the Health Insurance Portability and Accountability Act that would allow health care entities to release the names of some mental health patients to the national firearm background check system.
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Essley: The land of (health care lien) confusion

February 12, 2014
Eric Essley writes about a few of the health care-related lien statutes often encountered and/or cited by the plaintiff’s bar and their in-house/defense counterparts when trying to settle claims.
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New Indiana criminal code closer to implementation

February 10, 2014
Marilyn Odendahl
Changes in the House of Representatives toughened some drug sentences and established funding mechanisms.
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Reprimand issued for ALJ in IURC-Duke scandal

February 6, 2014
Dave Stafford
A former administrative law judge with the Indiana Utility Regulatory Commission has been reprimanded by the Indiana Supreme Court, which ruled this week that a harsher sanction was unwarranted because he’d already been punished enough for seeking a job with Duke Energy while making rulings concerning the utility.
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Senator steers clear of beer wholesaler legal battle

February 5, 2014
Kathleen McLaughlin
The Indiana Legislature won't interfere with beer wholesaler Monarch Beverage Co.'s quest in federal court for the right to distribute liquor.
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Man is first charged under federal human trafficking law

February 5, 2014
IL Staff
U.S. Attorney Joe Hogsett announced Tuesday that his office has filed a nine-count federal indictment against an Indianapolis man for human trafficking. These are first-of-a-kind charges in Indiana, according to the U.S. Attorney’s Office in the Southern District of Indiana.
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Lawmakers fly through bills to meet deadlines, beat weather

February 4, 2014
IL Staff
The Indiana General Assembly has adjourned for the week after working quickly to move bills out of the House of Representatives and Senate by their respective deadlines. The legislators also kept an eye on a winter storm heading toward Indiana Tuesday.
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Official declines to rule out airport location for Criminal Justice Complex

February 3, 2014
Dave Stafford
Marion Superior judges Monday heard an update on a proposed Criminal Justice Complex, and one asked if “we can put to rest” speculation that the courts and jail would move to a site at Indianapolis International Airport.
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Disability, religious-freedom claims clash at Indiana Supreme Court

February 3, 2014
Dave Stafford
An argument over dinner has taken on First Amendment religious-freedom and disability-protection dimensions before the Indiana Supreme Court.
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Marion County Small Claims bill may be headed for study committee

January 31, 2014
IL Staff
Legislation that would require Marion County Small Claims judges to select among themselves an administrative judge to carry out the duties currently performed by the Marion Circuit judge passed the Senate Judiciary Committee Wednesday. The committee also is asking for a study committee to look at Small Claims court administration.
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Sen. Long sends marriage amendment to rules committee

January 30, 2014
IL Staff
Indiana Senate President Pro Tem David Long announced Thursday morning that House Joint Resolution 3 – which seeks to amend Indiana’s Constitution to ban gay marriage – will be heard by the Rules and Legislative Procedure Committee.
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Attorneys finding more link rot online

January 29, 2014
Marilyn Odendahl
Just a few days after the 7th Circuit Court of Appeals issued its opinion in his case, attorney Brian Paul searched for the website the court had cited and discovered not everything on the Internet is permanent.
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Correctional services consolidation bill drawing fire

January 29, 2014
Marilyn Odendahl
Community corrections advocates are worried that a proposal to consolidate the Marion County probation and community corrections departments would take local decision-making away from community members and give more control to judges.
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ICLEO application deadline nears

January 28, 2014
IL Staff
College graduates eligible for the Indiana Conference for Legal Education Opportunity have little more than two weeks to submit applications to be selected for the 2014 ICLEO Fellowship Summer Institute from June 15-July 25 at Valparaiso University Law School.
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Bill proposes modest Marion County small claims reforms

January 27, 2014
Dave Stafford
Modest reforms to the derided Marion County township small claims courts are proposed in a bill scheduled to get a committee hearing Wednesday.
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IndyBar takes public position against marriage amendment

January 27, 2014
Marilyn Odendahl
Backed by the results of a membership survey, the Indianapolis Bar Association has announced its opposition to the marriage amendment being debated at the Statehouse.
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Pre-settlement lenders say rate cap could doom industry

January 22, 2014
Dave Stafford
Representatives of businesses that provide pre-settlement funding to plaintiffs said they would be forced out of Indiana by a proposal to cap their returns at 25 percent, after which a House committee advanced a bill that would do just that.
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Lifeline Law expansion clears Senate committee

January 22, 2014
Dave Stafford
Indiana’s Lifeline Law that provides immunity for minors who report dangerous underage intoxication would expand to cover reporting of any medical crisis, sexual assault or crime if a bill that cleared a Senate committee Wednesday is enacted.
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Bosma moves HJR3 to new committee, citing need to vote

January 22, 2014
IL Staff
Speaker of the House of Representatives Brian Bosma Tuesday moved House Joint Resolution 3, which would ban same-sex marriage through Indiana’s Constitution, and related House Bill 1153 from the House Judiciary Committee to the Elections and Apportionment Committee. The move led Democrats to accuse the speaker of “changing the rules in the middle of the game.”
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. 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

  4. 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.

  5. 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.

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