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Supreme Court affirms bestiality conviction

June 28, 2017
Dave Stafford
A Muncie man’s confession that he committed bestiality was admissible in the trial court because it was supported by evidence the state introduced that provided an inference that the crime had been committed, the Indiana Supreme Court ruled.
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7th Circuit: Nightingale must defend Medicare restitution claims

June 28, 2017
Dave Stafford
A Carmel-based home health care company stripped of its certification to receive Medicare funding in Indiana will return to the district court in Indianapolis to defend against government claims seeking nearly $5 million in restitution.
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Hamilton County Jail adds re-entry, jobs program

June 28, 2017
Indianapolis Business Journal, Carley Lanich
The jail’s five-week Transitioning Opportunities for Work, Education, and Reality program, known as TOWER, began in April as a partnership with a state WorkOne Center to provide resources for soon-to-be-released inmates. The goal is to reduce the rate of inmates’ returning to the county jail.
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Legal fight over Indiana's anti-political robocall law ends

June 28, 2017
 Associated Press
A Chicago-based veterans advocacy group's seven-year struggle to strike down Indiana's ban on political robocalls has ended with the U.S. Supreme Court declining to review a lower-court ruling upholding the law.
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Crowdfunding for court costs

June 28, 2017
Dave Stafford
Social media and online fundraising campaigns are becoming new venues to finance litigation.
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Treatment seen as antidote for opioid crisis

June 28, 2017
Marilyn Odendahl
The Indiana Legislature approved several measures to expand recovery programs and prevent spread of opioid epidemic.
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For lawyers, competency issues differ based on age

June 28, 2017
Olivia Covington
When a group of Indiana lawyers was asked who had ever faced age-related discrimination at work, whether for being too young or too old, nearly half the hands in the room went up.
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Indiana Legal Services’ pilot project offers on-the-spot help to small claims defendants

June 28, 2017
Marilyn Odendahl
The Tenant Assistance Program clinic offers triage services for tenants who have eviction notices and are appearing in court that day.
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New data reporting law aims to aid anti-recidivism efforts

June 28, 2017
Olivia Covington
As Indiana continues its efforts to curb offender recidivism, a new bill set to take effect next month will put more requirements on offender treatment and rehabilitation programs to offer insights into the anti-recidivism methods that work.
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Legal service provider offers residency to law school graduates

June 28, 2017
Marilyn Odendahl
The dean of Notre Dame Law School, which participates in the program, says full-scale post-graduation training program would not be economically feasible or necessary.
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Make rain through relationships

June 28, 2017
Marilyn Odendahl
A recent Altman Weil survey found firm leaders are concerned about lawyers’ business development skills.
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Bamberger merger gives Kentucky firm stronger presence in Indiana

June 27, 2017
Marilyn Odendahl
Since it was founded in 1959, the law firm of Bamberger Foreman Oswald & Hahn LLP has always had an office in the Hulman Building on Fourth Street in Evansville, but by the end of the summer, the mainstay in the local legal community will have a new name and a new location.
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‘Taken aback’ by Eskenazi’s bid for fees, COA rules for committed man

June 27, 2017
Dave Stafford
A divided Indiana Court of Appeals struck a special condition that a man who had been subject to a mental health order of commitment not use alcohol or drugs. The court also criticized the hospital for seeking legal fees in the case from the Marion County Public Defender Agency.
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Bank’s parallel litigation in Indiana, Brazil permissible

June 27, 2017
Dave Stafford
A bank seeking to recoup millions it loaned for a businessman’s purchase of an airplane was entitled to pursue parallel litigation in federal court in Indiana and in Brazil, the 7th Circuit Court of Appeals ruled Monday.
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Septic installer’s federal suit against Brown County reinstated

June 27, 2017
Dave Stafford
A Brown County man whose license to service and install septic systems was revoked without notice or a hearing may proceed with his federal lawsuit against the county.
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Evansville’s Bamberger to merge with Kentucky-based firm

June 27, 2017
IL Staff
The two law firms will join forces Sept. 1 and have a total of 144 attorneys with offices in Louisville, Lexington and Frankfort, Kentucky, as well as Indianapolis and Evansville, Indiana, and Pittsburgh, Pennsylvania.
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Children’s commission’s annual report sets 3-year plan

June 26, 2017
IL Staff
The Commission on Improving the Status of Children in Indiana has set a three-year plan emphasizing child safety and services, juvenile justice, mental health, substance abuse and educational outcomes as key priorities.
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Supreme Court last day notable for what was and wasn't said

June 26, 2017
 Associated Press
The last day of the United States Supreme Court's term Monday was notable not only for what was announced but also for what wasn't.
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Supreme Court rules for Missouri church in playground case

June 26, 2017
 Associated Press
The Supreme Court ruled Monday that churches have the same right as other charitable groups to seek state money for new playground surfaces and other nonreligious needs.
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Justices take up Lake Michigan shore property rights case

June 26, 2017
Dave Stafford
The Indiana Supreme Court will decide whether the beach of Lake Michigan belongs to the public or to private property owners along the shoreline.
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Double sentencing enhancements don’t violate precedent

June 26, 2017
Marilyn Odendahl
The Indiana Court of Appeals ruled double enhancements that added 25 years to a man’s sentence did not violate precedent because each was given for a different offense.
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Judge considering freeze on Iraqi deportations

June 26, 2017
 Associated Press
Lawyers for Detroit-area Iraqi nationals who fear they could be tortured or killed if they’re kicked out of the U.S. asked a judge on Monday to extend his freeze on their deportations to all Iraqis who have been ordered to leave the country.
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Prosecutor: No charges against 2 officers in man’s shooting

June 26, 2017
 Associated Press
Two central Indiana police officers won’t face charges for shooting a man who they said tried to run them down with his car after an attempted traffic stop.
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Trump travel ban partly reinstated; fall court arguments set

June 26, 2017
 Associated Press
The U.S. Supreme Court is letting a limited version of President Donald Trump’s ban on travel from six mostly Muslim countries take effect, a victory for Trump in the biggest legal controversy of his young presidency.
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7th Circuit: Colts not required to renew season tickets

June 23, 2017
Olivia Covington
An Indianapolis Colts season tickets holder did not automatically have the right to transfer ownership of his tickets from one season to the next, the 7th Circuit Court of Appeals ruled Thursday in a diversity suit against the professional football team.
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  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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