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Trump repeats criticism of court that halted 1st travel ban

April 27, 2017
 Associated Press
President Donald Trump is once again taking aim at a federal appeals court district that covers Western states, saying he is considering breaking up a circuit that is a longtime target of Republicans and is where his first travel ban was halted.
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Justices seem to favor limits on revoking US citizenship

April 27, 2017
 Associated Press
The Supreme Court of the United States seemed ready Wednesday to impose limits on when the government can strip an immigrant of U.S. citizenship for lying during the naturalization process.
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OWI charge vacated on double jeopardy concerns

April 27, 2017
Olivia Covington
A divided Indiana Court of Appeals has reversed one count of operating while intoxicated against a Columbus man, finding that merging the two counts together for sentencing purposes does not satisfy double jeopardy concerns.
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Justices consider case involving rejected doctrine of res gestae

April 27, 2017
Olivia Covington
In a case that defense counsel warns could allow the concept of res gestae to be reintroduced into the Indiana judiciary, the justices of the Indiana Supreme Court considered whether a gun that was not brandished during a northern Indiana altercation was relevant evidence that led to the appellants’ convictions.
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COA reverses protective order on basis of res judicata

April 27, 2017
Olivia Covington
In a case that Indiana Court of Appeals Judge Rudolph Pyle described as a “prime example of forum shopping,” the appellate court has reversed the grant of a petitioner’s third petition for a protective order because the petition is barred by the doctrine of res judicata.
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7th Circuit affirms summary judgment to casino employees

April 27, 2017
Olivia Covington
The 7th Circuit Court of Appeals has affirmed summary judgment for two security agents at a northern Indiana casino, finding the plaintiff’s argument that she never received a copy of the motion for summary judgment unpersuasive.
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Supreme Court: General contractor assumed duty to sub-subcontractor through contract

April 27, 2017
Olivia Covington
A general contractor assumed a non-delegable duty of care to the employee of a sub-subcontractor through its contractual language, the Indiana Supreme Court decided Wednesday, reversing summary judgment to the general contractor on the issue of duty.
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JNC sends letter to Holcomb about 3 justice finalists

April 27, 2017
Olivia Covington
The clock is now ticking for Gov. Eric Holcomb to select Indiana’s next Supreme Court justice after he received an official letter describing the three finalists for a seat on the bench from Chief Justice Loretta Rush and the Indiana Judicial Nominating Commission.
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FCC chief lays out attack on 'net neutrality' rules

April 26, 2017
 Associated Press
The head of the country's telecommunications regulator says there will be a vote in May on ditching Obama-era "net neutrality" rules that keep telecoms from favoring some sites and apps.
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Michigan company's highway sign trademark ruled not harmful

April 26, 2017
 Associated Press
A federal judge has rejected an argument from state officials that a northern Michigan company's trademark of the highway sign M-22 violates federal law.
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Laid-off DOC teachers get partial victory in appeal challenging protocol

April 26, 2017
Olivia Covington
The Indiana Department of Correction followed appropriate protocol when it laid off several institutional teachers in 2009, a divided Indiana Court of Appeals found Wednesday. The court did find, however, the DOC erred in the process of selecting those employees for re-employment in other positions.
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Senate Republicans chief of staff, legal counsel leaving for law firm

April 26, 2017
IL Staff
Indiana Senate Majority Caucus Chief of Staff and Chief Legal Counsel Jeff Papa is leaving his legislative work to take a position with Barnes & Thornburg LLP later this summer, Indiana Senate President Pro Tem David Long announced Tuesday.
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COA reverses dissolution decree imputing potential income to mother

April 26, 2017
Olivia Covington
A divided Indiana Court of Appeals has reversed the terms of a marriage dissolution decree, finding the trial court erred in imputing potential income to the mother based on the fact that she should now be able to work full-time because her children are older.
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Indiana governor says he will sign several contested bills

April 25, 2017
 Associated Press
Statehouse employees will be able to carry guns at the Statehouse, people with epilepsy will be able to use marijuana-derived oil as medicine and parents will see a modest increase in abortion notification rights when it comes to their minor children, under measures Gov. Eric Holcomb on Tuesday said he will sign into law.
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7th Circuit Chief Judge Wood advocates civic involvement

April 25, 2017
Marilyn Odendahl
Speaking at Wabash College Monday afternoon, Chief Judge Diane Wood of the 7th Circuit Court of Appeals outlined the history of civic engagement in the United States and encouraged the students to become involved.
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Suit takes aim at Indiana religious-affiliated charter schools

April 25, 2017
Dave Stafford
A Monroe County nonprofit organization has sued the state and a charter school, seeking to block its funding because the group argues that taking tax dollars from public schools for the benefit of private religious institutions violates the Establishment Clause of the U.S. Constitution.
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Attorney to step down as radio talk-show host after 20 years

April 25, 2017
IBJ Staff
Conservative radio-show host and attorney Greg Garrison plans to retire in June after a 20-year run on Indianapolis station WIBC-FM 93.1, he announced Monday on the air.
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Holcomb vetoes public records search-fee bill

April 25, 2017
 Associated Press, IBJ Staff
Indiana Gov. Eric Holcomb used the first stroke of his veto pen Monday afternoon on a bill that would have allowed state and local government agencies to charge a fee to citizens for public records requests that required more than two hours of work.
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Divided justices: Statute provides immunity to firearms sellers

April 25, 2017
Olivia Covington
Holding that state statute immunizes firearms sellers from damages claims brought after a third party misuses a gun purchased from their stores, a divided Indiana Supreme Court has dismissed a series of damages claims against an Indianapolis gun store. The justices did allow a claim for equitable relief to continue.
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ILS marks 50 years, commits to another 50

April 24, 2017
Marilyn Odendahl
Saturday night’s gala marking the 50th anniversary of Indiana Legal Services had the feel of a family reunion.
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Legislature passes vaping overhaul that removes controversial security firm scheme

April 24, 2017
Hayleigh Colombo, IBJ Staff
The Indiana General Assembly — on the last day of the session — put its final stamp of approval on a proposal to overhaul the rules for Indiana’s vaping industry after two years of controversial actions.
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Supreme Court turns away GM appeal over ignition switches

April 24, 2017
 Associated Press
The Supreme Court of the United States on Monday turned away an appeal from General Motors Co. seeking to block dozens of lawsuits over faulty ignition switches that one plaintiffs' attorney said could expose the company to billions of dollars in additional claims.
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Indy judges to have closed-door interviews before retention nod

April 24, 2017
Dave Stafford
Marion Superior judges would appear behind closed doors before a committee comprised mainly of political appointees who would recommend whether jurists should or should not be retained in office, according to a bill that passed the General Assembly.
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Sullivan to receive professionalism award for 7th Circuit

April 24, 2017
IL Staff
Former Indiana Supreme Court justice and current Indiana University Robert H. McKinney School of Law professor Frank E. Sullivan Jr. will receive the prestigious 2017 American Inns of Court Professionalism Award for the 7th Circuit.
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Justices affirm denial of PCR to man whose attorney called him a ‘Negro’

April 24, 2017
Olivia Covington
The Indiana Supreme Court has affirmed the denial of post-conviction relief to a man who said his attorney prejudiced him by referring to him as a “Negro” during the selection of jurors, but noted that the Court of Appeals misstated the legal standard of prejudice it applied when making its decision.
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  1. 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!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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