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District Court properly handles expert testimony by non-expert witnesses

March 31, 2014
Marilyn Odendahl
Although neither witness called to testify in a criminal trial was an expert, the 7th Circuit Court of Appeals ruled the District Court did not err by barring the testimony of the defense witness while allowing the statements of the government witness.
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COA affirms denial of additional unemployment benefits

March 31, 2014
Dave Stafford
A woman whose unemployment benefits stopped after 26 weeks was not improperly denied an extension because she continued to work a part-time job of about four to eight hours a week, the Indiana Court of Appeals ruled.
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Contempt affirmed for man suspected of drunken driving

March 31, 2014
Dave Stafford
A man who authorities said refused to comply with a court-ordered blood draw for suspicion of drunken driving was rightfully found in contempt of court, the Indiana Court of Appeals ruled Monday.
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Official misconduct statute focus of Hardy appeal

March 31, 2014
Dave Stafford
Whether Indiana’s official misconduct statute is unconstitutionally vague was the question before an appeals court panel Monday that heard the state argue that criminal charges should be reinstated against the fired head of the Indiana Utility Regulatory Commission.
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Rose-Hulman to honor Muncie native serving on federal bench

March 31, 2014
IL Staff

Federal Judge Robert L. Wilkins will receive an honorary doctorate of engineering degree during the 136th commencement ceremonies on May 31 at Rose-Hulman.

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COA tackles 2 issues of first impression

March 28, 2014
Jennifer Nelson
The Indiana Court of Appeals addressed two new issues in a child solicitation and prostitution case regarding authenticating emails and text messages and whether the defendant’s actions actually constituted a crime.
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Judges split over ruling in failed adoption case

March 28, 2014
Jennifer Nelson
A majority on the Indiana Court of Appeals Friday reversed summary judgment in favor of the facilitator of an adoption on a negligence claim brought by the adoptive parents after the baby’s biological father sought and was awarded custody.
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COA voids custody order in favor of father

March 28, 2014
Jennifer Nelson
The Indiana Court of Appeals has reversed the grant of custody in favor of an Indiana father because the trial court lacked subject matter jurisdiction under the Uniform Interstate Family Support Act to make a custody determination.
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Judges to hear misconduct case against former IURC chairman Monday

March 28, 2014
Jennifer Nelson
A panel of the Indiana Court of Appeals Monday will hear arguments on whether four misconduct charges should have been dismissed against former Indiana Utility Regulatory Commission chairman David Lott Hardy.
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Judges dismiss man’s appeal of protection order extension

March 27, 2014
Jennifer Nelson
The Indiana Court of Appeals dismissed a Porter County man’s appeal of a judge’s decision to reset a hearing on a temporary protection order for six months after the victim had an anxiety attack while testifying. The judges held Douglas Allison had to seek a discretionary interlocutory appeal in the matter.
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Justices reverse denial of car dealership’s motion to set aside default judgment

March 27, 2014
Jennifer Nelson
Because a car dealership and its registered agent did not receive notice of a hearing on default judgment, the judgment entered against it was void for want of jurisdiction, the Indiana Supreme Court ruled.
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Divided court upholds principal’s conviction of failure to report child abuse

March 27, 2014
Jennifer Nelson
A split Indiana Supreme Court Thursday upheld a misdemeanor failure to report child abuse conviction against former Muncie Central High School principal Christopher Smith. The dissent believed the state failed to show he had reason to believe an alleged rape was child abuse.
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Pence signs criminal code update, mental health witness bills into law

March 27, 2014
IL Staff
Gov. Mike Pence this week has signed numerous bills into law, including the legislation that reconciles conflicts between HEA 1006-2013, which reformed the state’s criminal code, and other bills touching on criminal law.
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Justices reverse termination of parental rights in 2 cases

March 26, 2014
Jennifer Nelson
In two short, per curiam decisions, the Indiana Supreme Court found the parental rights of two Marion County parents should not have been terminated because of due process violations after the magistrate who heard their cases resigned before reporting recommended findings and conclusions.
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Judges reverse speeding infraction due to lack of proof

March 26, 2014
Jennifer Nelson
A driver pulled over in Clark County for speeding was able to convince the Indiana Court of Appeals Wednesday that the infraction should be reversed because the state couldn’t prove its case.
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Court: Man never raised defense to attempted robbery

March 26, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday pointed out that a defendant needs to assert the defense of abandonment in some manner at trial. The judges rejected a man’s claim that the defense does not require a formal pleading or notice of the defense.
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Indiana readers to receive $2.6M from e-book antitrust case

March 26, 2014
IL Staff
Electronic book customers in Indiana will begin receiving refunds this week as a result of a settlement reached between five major U.S. publishers and 33 state attorneys general.
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IU Maurer, Rose-Hulman create IP scholars program

March 26, 2014
IL Staff
A new program established by Indiana University Maurer School of Law and Rose-Hulman Institute of Technology will allow select Rose-Hulman graduates to study at the IU law school at a reduced tuition rate.
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Law school ranking rumble

March 26, 2014
Marilyn Odendahl
Law school deans protest U.S. News & World Report's "best" schools list but say they cannot ignore it because they don't want their schools to fall in the rankings.
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5 lawsuits keep marriage debate alive in Indiana

March 26, 2014
Marilyn Odendahl
The attorney general says he will defend the Indiana Defense of Marriage Act unless the Supreme Court of the United States rules otherwise.
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Firm restructures for growth

March 26, 2014
Dave Stafford
The quest for expansion at Bingham Greenebaum Doll and other large firms in Indianapolis may signal more mergers.
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Former GM plant endorsed for criminal justice complex

March 26, 2014
Dave Stafford
As leaders’ support tentatively coalesced around a preferred site for a new Marion County Jail and Criminal Justice Complex just west of downtown Indianapolis, they got an earful from neighbors opposed to the plan.
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Statehouse says yes to meth house database

March 26, 2014
Marilyn Odendahl
The methamphetamine bill that passed during the 2014 session turns attention away from the ingredients and to the contamination left behind by active meth labs. House Enrolled Act 1141 establishes an online database where potential homebuyers and renters will be able to see if their property was the site of a lab.
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Two traffic stops and two motions to suppress result in two different rulings

March 25, 2014
Marilyn Odendahl
A pair of opinions from the Indiana Supreme Court examines two Terry stops made by police officers and through opposite rulings emphasizes law enforcement must have reasonable suspicion to pull over a driver.
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Indiana among 20 states joining ‘Four Loko’ settlement

March 25, 2014
IL Staff
A maker of caffeinated alcoholic beverages including such brands as “Four Loko” accused of marketing its products to promote the misuse of alcohol and appeal to underage drinkers has settled a complaint brought by New York Attorney General Eric Schneiderman and joined by 19 other state attorneys general, including Indiana’s Greg Zoeller.
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  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

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