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COA: Jury replay of 911 call within court’s discretion

April 26, 2016
Dave Stafford
A trial court was within its discretion to allow a jury to rehear a recording of a 911 call during deliberations, the Indiana Court of Appeals ruled Tuesday in affirming a man’s convictions of intimidation and theft.
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7th Circuit: Woman who lost case still entitled to attorney fees

April 26, 2016
Scott Roberts
A plaintiff who lost a breach of contract and negligence suit is entitled to attorney fees in the case after the 7th Circuit Court of Appeals upheld a ruling that said the company she sued engaged in “obstreperous discovery behavior.”
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IU McKinney professor celebrates Innocence Project client’s release

April 26, 2016
IL Staff
An Indianapolis law professor is celebrating the release from prison of a Gary man who she has argued for years was wrongly convicted of rape, sexual deviate conduct and robbery.
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7th Circuit reverses ruling in favor of prison guard

April 26, 2016
Scott Roberts
The 7th Circuit Court of Appeals vacated a District Court decision that dismissed a prisoner’s First Amendment claims and granted immunity to the guard mentioned in his Eighth Amendment claims.
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Who will step forward to claim Prince's millions?

April 26, 2016
 Associated Press
When he was alive, Prince made hundreds of millions of dollars — for record companies, concert venues and others. That much is certain. What's less clear is how much he left behind and who'll come forward to claim it.
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Overloaded van driver gets 2 years for crash that killed 2

April 25, 2016
 Associated Press
The driver of an overloaded van that overturned on a southwestern Indiana highway, killing two women, may serve as little as two years in prison after pleading guilty to 10 charges.
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7th Circuit seeks public comment on civil jury instructions

April 25, 2016
IL Staff
The 7th Circuit Pattern Jury Instruction Committee has released revised pattern Section 1983 civil jury instructions which will be available for comment through Friday.
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Indiana Supreme Court accepts 1 case on transfer

April 25, 2016
IL Staff
The Indiana Supreme Court granted transfer in one case last week that it decided Friday, unanimously denying the 12 others that were up for transfer.
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Supreme Court clarifies employment discrimination case

April 25, 2016
Scott Roberts
The Indiana Supreme Court clarified an employment discrimination case Friday afternoon in one of the last opinions written by retiring Justice Brent Dickson. The decision explained when summary judgment should be used and what courts should be looking for when deciding such cases, ultimately affirming the Court of Appeals.
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Indiana Lawyer wins 3 'Best in Indiana' journalism awards

April 25, 2016
IL Staff
Indiana Lawyer won three awards at the Society of Professional Journalists' Best in Indiana competition Friday night, including a first place award for coverage on its 2015 Practicing Law in Indiana survey.
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COA: Federal statute supersedes state one

April 22, 2016
The Indiana Court of Appeals ruled a federal statute supersedes a state one regarding the time period in which to sue and thus reversed a decision from the trial court which denied a company’s motion to dismiss a claim against it for breach of contract.
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3 reappointed to Supreme Court Disciplinary Commission

April 22, 2016
IL Staff
The Indiana Supreme Court reappointed three members to its disciplinary commission Thursday. Nancy L. Cross, Andrielle M. Metzel and Trent A. McCain’s terms were scheduled to expire June 30, and will now serve another five-year term.
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Indianapolis man gets 4 life sentences in quadruple killing

April 22, 2016
 Associated Press
An Indianapolis man has been sentenced to four consecutive life terms after his February guilty plea to four drug-related killings spared him a possible death sentence.
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COA: Time expired in bringing criminal trial

April 22, 2016
Scott Roberts
The Indiana Court of Appeals reversed a man’s felony and misdemeanor charges after it found the state did not bring him to trial within a 365-day time period.
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FBI head suggests agency paid more than $1M to access iPhone

April 22, 2016
 Associated Press
FBI Director James Comey hinted at an event in London on Thursday that the FBI paid more than $1 million to break into the locked iPhone used by one of the San Bernardino attackers.
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Ex-lawyer who lied to lenders in Maxim deal gets prison time

April 22, 2016
 Bloomberg News
A former lawyer at Bryan Cave LLP was sentenced to six months in prison for lying to lenders as part of a failed scheme to buy Maxim Magazine through impersonation, a false email and stolen money.
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Uber drivers' $100M deal may set pace for gig economy

April 22, 2016
 Associated Press
Uber Technologies Inc. resolved the biggest threat to its business by settling with California drivers suing to be treated more like traditional employees, a move that could have broad-ranging implications for companies across the sharing economy.
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Justices find man did not waive his right to jury trial

April 21, 2016
Scott Roberts
The Indiana Supreme Court reversed and remanded a man’s conviction for Class D felony domestic battery after it found his silence did not constitute a waiver to right of trial by jury.
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Former Indianapolis coach faces 10 years to life in prison

April 21, 2016
 Associated Press
A former Indianapolis high school boys' basketball coach faces 10 years to life in prison if convicted of trying to entice a 15-year-old student to have sex with him.
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Republican Senate effort again fails to block water rule

April 21, 2016
 Associated Press
Democrats have again blocked a Republican proposal that would have forced the Obama administration to withdraw a federal rule to protect small streams and wetlands from development and pollution.
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Sued company should get attorney fees, COA rules

April 21, 2016
Scott Roberts
The Indiana Court of Appeals ruled a company that dropped a lawsuit against another for breach of warranty must still pay attorney fees of the company they sued.
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COA majority: Conditional language is still a threat

April 21, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction for Class A misdemeanor intimidation in a 2-1 decision after it found the conditional language he used in the threat placed his victim in danger of retaliation for a lawful act.
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VW reaches outline agreement with US to overcome crisis

April 21, 2016
 Bloomberg News
Volkswagen AG agreed to fix or buy back about 500,000 tainted cars in the U.S., taking a significant step forward in its effort to emerge from the emissions-cheating scandal.
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Dickson hears final argument in historic Corydon courthouse

April 20, 2016
Jennifer Nelson
The Indiana Supreme Court’s five justices traveled to Corydon Wednesday to hear arguments in a modern case presented in the original Supreme Court courtroom built for just three justices. The event was part of the celebration of the state’s bicentennial and also was Justice Brent Dickson’s final oral argument.
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Committee gets advice on strengthening Indiana’s immigration laws

April 20, 2016
Marilyn Odendahl
In his opening remarks to the first meeting of the Indiana Senate Select Committee on Immigration Issues Tuesday, Sen. Phil Boots, R-Crawfordville, made a statement that is likely to have been uttered in statehouses around the country. He said Congress is not addressing the country’s broken immigration system so states have to step up.  
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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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