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Jury to begin deliberating in Don Marsh trial

February 15, 2013
Scott Olson
A jury is expected to begin deliberating Friday afternoon whether Don Marsh owes Marsh Supermarkets Inc. more than $3 million in personal expenses he allegedly charged the company while he was CEO.
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Rejection of garnishment request upheld

February 14, 2013
Jennifer Nelson
A collection company seeking to garnish a woman’s wages in order to satisfy an alleged $1,800 debt was unable to convince the Indiana Court of Appeals that the trial court had to issue the garnishment order.
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Judge-backed court staff attorney pilot program bill moves out of committee

February 14, 2013
Jennifer Nelson
Legislation that would create a pilot program administered by the Indiana Judicial Center to assist trial courts when preparing and writing certain motions moved out of the House Committee on Courts and Criminal Code 11-0.
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Judges affirm defendant must register as sex offender as part of probation

February 14, 2013
Jennifer Nelson
A defendant who was convicted of robbery and rape, but whose rape conviction was vacated on double jeopardy concerns, can still be required to register as a sex offender as a condition of his probation, the Indiana Court of Appeals affirmed Thursday.
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Defendant received ineffective trial counsel assistance in murder case

February 14, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a Delaware County man’s post-conviction relief petition finding his trial attorney was ineffective in not ensuring the jury was properly instructed on the elements of murder, voluntary manslaughter and the state’s burden of proof regarding sudden heat.
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Senate president calling for constitutional convention to protect states’ rights

February 14, 2013
Marilyn Odendahl
Declaring that states’ rights are being trampled and the 10th Amendment is in shambles, the leader of the Indiana Senate is calling for a “gathering of states” to amend the U.S. Constitution.
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7th Circuit orders proposed plan of reorganization open to competitive bidding

February 14, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a Southern District Bankruptcy judge Thursday, finding the judge incorrectly ruled that competition was unnecessary in a plan of reorganization involving a shopping center.
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Witnesses: Don Marsh’s expenses never questioned

February 14, 2013
Scott Olson
Lawyers for Don Marsh continue to hammer home their claims that the former supermarket CEO's expenses for lavish travel were widely accepted as normal business costs.
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Judges interpret Probate Code statute in favor of bank

February 13, 2013
Jennifer Nelson
Finding that a bank did not receive proper notice in order to file a claim against an estate, the Indiana Court of Appeals reversed summary judgment in favor of the estate of Samuel Tolley on the bank’s two claims.
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Justices decline to order mediation in walkout fines case

February 13, 2013
IL Staff
The Indiana Supreme Court issued an order Monday refusing to order mediation in the lawsuit filed by Democratic lawmakers after some of their pay was withheld following legislative walkouts in 2011 and 2012.
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CVS to pay $400k to state over illegal billings to Medicaid

February 13, 2013
IL Staff
Indiana Attorney General Greg Zoeller announced Wednesday that CVS has agreed to a settlement to resolve allegations that its pharmacists submitted illegal billings for prescriptions to Medicaid for reimbursement.
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7th Circuit revises Pattern Criminal Jury Instructions

February 13, 2013
IL Staff
In light of the recent decision by the U.S. Supreme Court in Smith v. United States, 133 S. Ct. 714 (2013), the 7th Circuit Court of Appeals’ Pattern Jury Instruction Committee has revised the withdrawal instructions.
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Car’s color alone doesn’t support traffic stop

February 13, 2013
Jennifer Nelson
In a matter of first impression in the 7th Circuit Court of Appeals and federal courts, the judges were asked to consider whether a discrepancy between the observed color of a car and the color listed on its registration alone gives rise to reasonable suspicion of criminal activity.
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Commission for children, appellate judge retirement age legislation moving

February 13, 2013
IL Staff
The Indiana Senate passed on second reading Tuesday legislation that will create a commission on improving the status of children in the state. The introduced version of Senate Bill 125 was prepared by the Department of Child Services Interim Study Committee.
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David Marsh defends trips he took at company's expense

February 13, 2013
Scott Olson
Don Marsh's son David, who served under his father as president of Marsh Supermarkets Inc, traveled widely, often on the company jet, just as his father did.
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Barrister brewers

February 13, 2013
Marilyn Odendahl
Indiana University Robert H. McKinney School of Law graduates forgo legal careers to become craft beer makers in Indianapolis.
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IU professor: Legal education in the US needs to change

February 13, 2013
Abigail Johnson Donohoo
In his "Blueprint for Change" research paper, Indiana University Maurer School of Law Professor William Henderson says the legal education system needs to change. He also offers a plan to transform legal education to better fit the changing legal marketplace.
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Problem-solving courts cut recidivism, help defendants

February 13, 2013
Dave Stafford
Indiana House Bill 1016 proposes to let court staff provide some rehabilitative services and collect fees for them.
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6 bills in Indiana Statehouse aimed at slowing the manufacture of meth

February 13, 2013
Marilyn Odendahl
The description Rodney Cummings gives of Madison County makes the central Indiana area sound like a war zone. The source of the problem is the manufacture and abuse of methamphetamine, a volatile mix of medicine and toxins that forms a highly addictive drug.
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Pharmacy representation grows as practice niche

February 13, 2013
Dave Stafford
Hall Render Killian Heath & Lyman P.C. have created what it believes is the first pharmacy practice group in Indiana.
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Filling the classroom

February 13, 2013
Marilyn Odendahl
Indiana Tech Law School is recruiting students with a one-on-one approach.
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7th Circuit affirms District Court in long-running nursing home litigation

February 12, 2013
Dave Stafford
More than a decade’s worth of litigation was tied up in a 21-page opinion from the 7th Circuit Court of Appeals on Tuesday, which affirmed decisions in favor of a landowner against the owners of a nursing home lessee.
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Supreme Court affirms what is said in mediation, stays in mediation

February 12, 2013
Marilyn Odendahl
A husband will not be able to offer as evidence comments made during a mediated settlement conference with his ex-wife, the Indiana Supreme Court has affirmed.
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Transfer vacated, justices take no new cases

February 12, 2013
IL Staff
The Indiana Supreme Court last week vacated transfer in a criminal case and took up no new cases.
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Sun Capital execs 'shocked' by Marsh financials

February 12, 2013
Scott Olson
Any feelings of satisfaction that executives of Sun Capital Partners had after completing its acquisition of Marsh Supermarkets Inc. quickly turned to “shock and surprise,” a managing director of the private-equity firm told jurors Tuesday.
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  1. I enrolled America's 1st tax-free Health Savings Account (HSA) so you can trust me. I bet 1/3 of my clients were lawyers because they love tax-free deposits, growth and withdrawals or total tax freedom. Most of the time (always) these clients are uninformed about insurance law. Employer-based health insurance is simple if you read the policy. It says, Employers (lawyers) and employees who are working 30-hours-per-week are ELIGIBLE for insurance. Then I show the lawyer the TERMINATION clause which states: When you are no longer ELIGIBLE! Then I ask a closing question (sales term) to the lawyer which is, "If you have a stroke or cancer and become too sick to work can you keep your health insurance?" If the lawyer had dependent children they needed a "Dependent Conversion Privilege" in case their child got sick or hurt which the lawyers never had. Lawyers are pretty easy sales. Save premium, eliminate taxes and build wealth!

  2. Ok, so cheap laughs made about the Christian Right. hardiharhar ... All kidding aside, it is Mohammad's followers who you should be seeking divine protection from. Allahu Akbar But progressives are in denial about that, even as Europe crumbles.

  3. Father's rights? What about a mothers rights? A child's rights? Taking a child from the custody of the mother for political reasons! A miscarriage of justice! What about the welfare of the child? Has anyone considered parent alienation, the father can't erase the mother from the child's life. This child loves the mother and the home in Wisconsin, friends, school and family. It is apparent the father hates his ex-wife more than he loves his child! I hope there will be a Guardian Ad Litem, who will spend time with and get to know the child, BEFORE being brainwashed by the father. This is not just a child! A little person with rights and real needs, a stable home and a parent that cares enough to let this child at least finish the school year, where she is happy and comfortable! Where is the justice?

  4. "The commission will review applications and interview qualified candidates in March and April." Riiiiiight. Would that be the same vaulted process that brought us this result done by "qualified candidates"? http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774 Perhaps a lottery system more like the draft would be better? And let us not limit it to Indiana attorneys so as to give the untainted a fighting chance?

  5. Steal a little, and they put you in jail. Steal a lot, and they make you king. Bob Dylan ala Samuel Johnson. I had a very similar experience trying to hold due process trampling bureaucrats responsible under the law. Consider this quote and commentary:"'When the president does it, that means it is not illegal,' [Richard] Nixon told his interviewer. Those words were largely seen by the American public -- which continued to hold the ex-president in low esteem -- as a symbol of his unbowed arrogance. Most citizens still wanted to believe that no American citizen, not even the president, is above the law." BWHaahaaahaaa!!!! http://www.philly.com/philly/blogs/attytood/When-the-president-does-it-that-means-it-is-not-illegal.html

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