Legal News

7th Circuit: Plea agreement forecloses sentence appeal

February 5, 2016
Jennifer Nelson
A man who pleaded guilty in federal court to drug charges is unable to challenge his sentence on appeal based on this plea agreement, the 7th Circuit Court of Appeals ruled Friday.
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Cosby case could hinge on 2 issues: deposition and accusers

February 5, 2016
 Associated Press
With one crucial legal battle out of the way, at least two more loom in the sexual-assault case against Bill Cosby: whether prosecutors can use his explosive testimony from a decade-old lawsuit, and whether other Cosby accusers can testify.
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Court OKs bulk confidential juvenile data transfer to ICJI

February 5, 2016
Dave Stafford
Confidential data in criminal and juvenile delinquency cases around the state will be provided in bulk to the Indiana Criminal Justice Institute under an order issued Thursday by the Indiana Supreme Court.
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Court orders portion of roof removed due to trespass

February 5, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed a jury verdict in a trespass and negligence lawsuit brought in a dispute over water draining from a housing development into neighboring property. In doing so, the judges ordered part of a roof to come down due to trespass.
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Ex-Gov. Whitcomb, lawyer, POW, adventurer, dies at 98

February 5, 2016
 Associated Press, IL Staff
Former Indiana Gov. Edgar Whitcomb, who escaped from a Japanese prisoner camp by swimming overnight during World War II and then made an around-the-world solo sailing trip while in his 70s, has died at age 98.
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Nightingale Home Healthcare sues state, feds alleging discrimination

February 5, 2016
IBJ Staff
Carmel-based Nightingale Home Healthcare Inc. said Friday it has filed a lawsuit against state and federal officials after Medicare sought to stop payments to the firm for allegedly putting patients in “immediate jeopardy.”
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Judges affirm co-defendants’ robbery convictions

February 4, 2016
Jennifer Nelson
Two men convicted of robbing a West Lafayette money lending store could not persuade the Indiana Court of Appeals to reverse their convictions.
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Plaintiff failed to prove injury caused by crane lessor

February 4, 2016
Jennifer Nelson
A man severely injured at work by a crane failed to prove that a company breached a duty to inspect a certain part of a crane before delivering it to the renter for use, and that the alleged breach was the proximate cause of the injury, the 7th Circuit Court of Appeals ruled Wednesday.
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Indiana co-authors amicus brief in Texas abortion clinic case

February 4, 2016
IL Staff
Indiana and Ohio have authored an amicus brief filed Wednesday in a case before the Supreme Court of the United States asking it to uphold Texas’ abortion clinic surgical standards.
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Rush to lead new task force on access to electronic court records

February 4, 2016
IL Staff
It’s time for best practices and policies on Internet access to court records to be developed, the Indiana Supreme Court said Thursday in an order about the creation of an advisory task force on remote access to and privacy of electronic court records.
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Federal court rejects convicted financier's sentence appeal

February 4, 2016
 Associated Press
A federal appeals court has rejected a former Indianapolis businessman's bid to shorten his 50-year sentence for defrauding investors of $200 million.
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COA rejects BMV’s request for relief from judgment

February 4, 2016
Jennifer Nelson
The state of Indiana did not establish prima facie error in the trial court’s denial of its motions for relief from judgment in two cases in which the lower court ordered the reinstatement of drivers’ licenses without proof of future financial responsibility, the Court of Appeals held Thursday.
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Suit by man accused of killing Indianapolis officer tossed

February 4, 2016
 Associated Press
A federal judge in Indianapolis has thrown out a $2.3 million lawsuit filed by a man charged in the killing of a police officer. Among the defendants named in the suit is the officer he allegedly killed.
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Senate bets on fantasy sports, sends regulatory bill to House

February 4, 2016
IBJ Staff
Legislation that would regulate commercial fantasy sports games and clarify that they are legal passed the Senate on Wednesday and is headed to the House for consideration.
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Led Zeppelin members deposed in 'Stairway to Heaven' lawsuit

February 3, 2016
 Bloomberg News
The surviving members of Led Zeppelin have all been questioned in a lawsuit that alleges their hit "Stairway to Heaven" was filched from an obscure song by the band Spirit. Jimmy Page, John Paul Jones, and Robert Plant were each deposed separately over the past month as part of pretrial discovery in the copyright infringement case, new filings in Los Angeles federal court show.
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COA affirms negligence action barred against woman’s employer

February 3, 2016
Jennifer Nelson
An employee who received workers’ compensation benefits for her injury on work property is barred by the Workers’ Compensation Act from filing a negligence lawsuit against her employer and its subsidiaries, the Indiana Court of Appeals affirmed Wednesday.
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Cosby lawyer says comedian was assured he was in the clear

February 3, 2016
 Associated Press
Bill Cosby's top legal adviser said Wednesday that he never would have let the comedian testify in a 2005 lawsuit if he thought Cosby could still face sexual assault charges in the matter.
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New Southern District magistrate sworn in

February 3, 2016
IL Staff
Matthew P. Brookman was sworn in Monday as the newest magistrate judge in the U.S. District Court for the Southern District of Indiana. He is filling the vacancy created by the retirement of Magistrate Judge William G. Hussmann, whose last day was Friday.
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Judge in power plant body case once represented suspect

February 3, 2016
 Associated Press
A southwestern Indiana judge who will preside over the murder trial of a man accused in a killing at a power plant has told attorneys that he once represented the suspect in an unrelated case.
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Judge says Spierer search warrants must remain sealed

February 3, 2016
 Associated Press
A judge says information regarding search warrants connected to the 2011 disappearance of an Indiana University student need to remain sealed so the investigation won't be compromised.
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Indiana AG sues 3 companies in alleged tax-sale scheme

February 3, 2016
 Associated Press
Indiana is suing three out-of-state companies for allegedly orchestrating a scheme that bilked dozens of state residents out of millions of dollars after their homes were sold in tax sales.
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2 found in contempt for practicing law

February 2, 2016
IL Staff
The Indiana Supreme Court has fined two attorneys after finding them in contempt for practicing law while one was suspended and after one had resigned from the bar nearly 10 years ago.
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COA: CDL holder cannot enter diversion program for alcohol offenses

February 2, 2016
Jennifer Nelson
A man who held a commercial driver’s license and pleaded guilty to two misdemeanor drunken-driving offenses cannot participate in a diversion program, the Indiana Court of Appeals ruled Tuesday. One judge on the panel had concerns that the law treats CDL holders and those without a CDL differently.
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Former Indy developer going back to prison for a year

February 2, 2016
Greg Andrews, IBJ Staff
Former Indianapolis developer Sydney “Jack” Williams avoided legal disaster six years ago when prosecutors concluded he was an unwitting participant in a Miami fraudster’s $930 million Ponzi scheme.
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LeBron, Kobe tattoos in video games trigger copyright suit

February 2, 2016
 Bloomberg News
LeBron James and Kobe Bryant are at the center of an obscure legal battle over a simple question: Can tattoos be copyrighted?
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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