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Judgment for Planned Parenthood stands, but not for minor’s ID provider

April 17, 2015
Dave Stafford
A woman who gave her son’s 17-year-old girlfriend another person's ID and posed as her mother to help her obtain an abortion was not properly dismissed from a lawsuit brought by the pregnant girl’s mother, the Indiana Court of Appeals ruled Friday. Summary judgment in favor of Planned Parenthood of Indiana was proper, the court held.
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Lawsuit claims IU Health, midwifery practice risked lives

April 17, 2015
 Associated Press
A federal whistleblower lawsuit says IU Health and midwifery practice HealthNet defrauded the government of millions of dollars and put low-income pregnant women at risk.
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Death penalty sought in suspected serial killings

April 17, 2015
 Associated Press
Prosecutors in Crown Point are seeking the death penalty against a Gary man charged in the slayings of two women and suspected in the deaths of five others.
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Hope town marshal to spend 2 weeks in jail

April 17, 2015
 Associated Press
A southern Indiana town marshal will spend two weeks in jail after a jury in Columbus convicted him of felony misconduct and misdemeanor false informing.
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World IP Day event to explore intersection of music, law, business

April 17, 2015
Dave Stafford
An accomplished string trio will be the centerpiece of Indianapolis' World Intellectual Property Day event that will explore how legal issues connect with the art and business of the music world.
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Indiana Lincoln funeral train commemorations planned

April 17, 2015
Dave Stafford
A commemoration of the 150th anniversary of the Abraham Lincoln funeral train's arrival in Indianapolis will take place April 30 at the Indiana Statehouse. The event will include a re-enactment of the somber ceremony for the assassinated president.
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IU McKinney hosts summer program for undergrads to explore legal careers

April 16, 2015
IL Staff
Indiana University Robert H. McKinney School of Law is looking for current college students who have an interest in pursuing a legal career for its 2015 Summer Law and Leadership Academy.
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Court must consider man’s self-defense claim at new bail hearing

April 16, 2015
Jennifer Nelson
A defendant accused of murder must be allowed to present evidence and witnesses at a bail hearing in an endeavor to rebut the state's burden that the defendant likely committed murder, the Indiana Court of Appeals held Thursday. Since that did not happen in James Satterfield's case, the judges remanded the matter for further proceedings.
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Judges order home invasion sentence lowered

April 16, 2015
Jennifer Nelson
Noting that a defendant who broke in to an elderly couple's home and beat the husband would have received a lesser sentence if he had actually killed the victim, the Indiana Court of Appeals ordered Jeffrey Hunt's 120-year sentence revised.
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Councilors allegedly offered millions in projects for justice center votes

April 15, 2015
Dave Stafford
Indianapolis City-County Council Chief Financial Officer Bart Brown said councilors have told him they’ve been offered up to $50 million in projects spread among five districts if they vote to approve the proposed $1.6 billion criminal justice complex.
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Sewer company entitled to attorney fees over frivolous appeal

April 15, 2015
Jennifer Nelson
Three people required to connect their properties to a not-for-profit sewer company – who later were held in contempt for not doing so – must pay appellate attorney fees to the sewer company because the individuals sought to re-litigate the judgments instead of challenge the contempt orders.
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Senate narrowly backs repeal of construction wage law

April 15, 2015
 Associated Press
The Indiana Senate has narrowly approved a Republican-led push to repeal the state law that sets wages for public construction projects.
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7th Circuit: No plain error in not applying 'safety valve' in sentencing

April 15, 2015
Jennifer Nelson
Whether firearms belonging to co-conspirators in a drug ring attributed to a defendant for purposes of the firearm sentence enhancement can be considered for a two-level reduction in her offense level under the so-called “safety valve” for nonviolent, first-time drug offenders is a matter of first impression for the 7th Circuit Court of Appeals. But the judges declined to address the issue because the woman failed to raise it at sentencing.
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Murderer’s writ for relief denied by 7th Circuit

April 15, 2015
Jennifer Nelson
For the fourth time, a northern Indiana man’s appeal of his death sentence for four murders has come before the 7th Circuit Court of Appeals. This time, the judges affirmed the denial of his writ for habeas corpus.
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Denial of expungement of child neglect case upheld by judges

April 15, 2015
Jennifer Nelson
A woman seeking to expunge a substantiated report of child neglect in order to keep her job as a cook at a child care provider did not meet the necessary statutory requirements to grant the expungement, the Indiana Court of Appeals affirmed Wednesday in a case of first impression.
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Man’s challenges to admonition waived because he did not object at trial

April 15, 2015
Jennifer Nelson
A man convicted of battering and strangling his daughter's boyfriend did not object to an admonition given to the jury over statements made during his testimony, so he waived appellate review of his arguments, the Court of Appeals held Wednesday.
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COA affirms Evansville police officer’s firing for grabbing teen’s crotch

April 15, 2015
Jennifer Nelson
A longtime Evansville police officer who was fired for rule violations after he grabbed a teen’s crotch at a school where the officer also worked as a security officer lost the appeal of his termination before the Indiana Court of Appeals Wednesday.
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Indiana lawmakers reject extending civil rights protections

April 15, 2015
 Associated Press
Republicans in the Indiana House of Representatives turned aside an effort Tuesday to extend nondiscrimination protections for gays and lesbians in response to the uproar over the new religious objections law.
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New concussions deal with NCAA proposed

April 15, 2015
 Associated Press
Filings in U.S. District Court in Chicago late Tuesday night notified a federal judge that there was a new proposed settlement for a head injury lawsuit against the NCAA brought by football players and other college athletes.
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Judge asks public to help care for kids affected by heroin

April 15, 2015
 Associated Press
A juvenile court judge is asking Marion County residents to help support local children whose parents are addicted to heroin.
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Council committee shoots down plan for Indy justice center

April 15, 2015
Kathleen McLaughlin, IBJ Staff
Mayor Greg Ballard's $1.6 billion justice center project suffered what could be a fatal blow in an Indianapolis City-County Council committee Tuesday night.
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Court upholds sentence but orders judgment corrected

April 14, 2015
Jennifer Nelson
A man sentenced for rape and other crimes in 1989 sought to have his sentence corrected nearly 25 years later, but the Indiana Court of Appeals agreed with the lower court that the sentence imposed did not need revised.
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COA rules in favor of previous site owner in environmental contamination suit

April 14, 2015
Jennifer Nelson
A company seeking to recover environmental cleanup costs of a commercial real estate site from a previous owner who operated a film processing company failed to prove that the previous owner caused or contributed to the site's contamination, the Indiana Court of Appeals affirmed Tuesday.
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IU Maurer partners with 5 more schools for scholarships

April 14, 2015
IL Staff
Indiana University Maurer School of Law announced Tuesday that it has signed partnerships expanding its scholarship and mentoring program with five Midwestern colleges and universities, including DePauw University in Greencastle.
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COA: Company sought to prevent competition, not protect trade secret

April 14, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed the grant of a directed verdict in favor of the defendants in a lawsuit alleging they divulged confidential information and trade secrets after departing a computer systems company and began working for a competitor.
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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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