Legal News

Needle exchange bill goes to Holcomb after Senate OK

April 6, 2017
 Associated Press
A bill Indiana Gov. Eric Holcomb supports that would give local governments control over creating needle-exchange programs is headed to his desk.
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‘Repugnant’ teacher’s 21-year molest sentence affirmed

April 6, 2017
Dave Stafford
A Seymour Middle School math teacher lost his appeal and will serve the 21-year sentence imposed by the trial court for grooming and molesting a student whose parents say she was “broken” by the experience. One Court of Appeals judge wrote he might have added years to the teacher’s sentence, had the state asked.
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Ex-Marion County Prosecutor Brizzi suspended for misconduct

April 6, 2017
Olivia Covington
Former Marion County Prosecutor Carl Brizzi has been suspended from the practice of law in Indiana after the Indiana Supreme Court Disciplinary Commission found he violated prohibitions against representing a client in a case in which he had a personal interest.
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COA affirms convictions in Tippecanoe County robberies

April 6, 2017
Olivia Covington
A Tippecanoe County man’s numerous robbery, criminal confinement and firearm convictions have been affirmed after the Indiana Court of Appeals found Thursday that the trial court did not abuse its discretion throughout the conviction and sentencing process.
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COA: Town can compel property to connect to sewer

April 6, 2017
Olivia Covington
A northern Indiana town was within its municipal rights to compel a property owner to connect to the municipal sewer line because the properties in question were within 300 feet of the sewer system, the Indiana Court of Appeals ruled Thursday.
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IBF grants support housing and expungement programs

April 6, 2017
Marilyn Odendahl
Housing initiatives and expungement programs around the state will receive a boost of nearly $700,000 through the Indiana Bar Foundation’s Community Redevelopment and Justice grants.
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Senate 'goes nuclear' for Gorsuch confirmation vote

April 6, 2017
 Associated Press
The Senate has voted to “go nuclear” and eliminate the filibuster for President Donald Trump’s Supreme Court nominee and future court picks. The change dubbed “the nuclear option” came Thursday on a procedural motion and removes a 60-vote filibuster requirement for Neil Gorsuch. The Senate is expected to confirm the appellate court judge on Friday to fill a vacancy created by the death of Justice Antonin Scalia.
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Man who spat in woman’s face loses appeal

April 6, 2017
Olivia Covington
The Indiana Court of Appeals has confirmed a battery conviction against a man who spat in a woman’s face after finding that minor discrepancies in the charging information and evidence at trial did not undermine the case.
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Bitter accusations ahead of Senate Supreme Court showdown

April 6, 2017
 Associated Press
Lawmakers traded bitter accusations on the Senate floor Thursday ahead of showdown votes over President Donald Trump's Supreme Court nominee, Neil Gorsuch, that could change the Senate and the court for generations.
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High court may re-examine Civil Rights Act after LGBT ruling

April 6, 2017
 Associated Press
A ruling by the 7th Circuit Court of Appeals in Chicago in and Indiana case reopens the question of whether the 1964 Civil Rights Act’s protections apply to LGBT workers in the same way they bar discrimination based on someone’s race, religion or national origin.
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Indiana sheriff agrees to plea deal right before trial

April 6, 2017
 Associated Press
A northern Indiana sheriff accused of giving special privileges to a jail inmate in exchange for $40,000 has agreed to plead guilty to an intimidation charge in a deal with prosecutors.
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Senate passes hourly fee for public records searches

April 6, 2017
The Indiana Senate has approved House Bill 1523 allowing government agencies to charge $20 per hour for public records requests that take more than two hours to complete.
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Cold beer battle brewing after GOP leaders offer final bills

April 6, 2017
 Associated Press
A battle is brewing at the Indiana Statehouse as lawmakers worked Wednesday to keep legislation alive that addresses a legal loophole used by Ricker’s convenience stores to sell cold beer.
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7th Circuit: Title VII interpretation follows precedent

April 5, 2017
Marilyn Odendahl
The employment discrimination complaint that began as a pro se filing by an Indiana math teacher has led the 7th Circuit Court of Appeals to become the first federal appellate court to find the Civil Rights Act of 1964 provides protection for LGBT workers.
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Discipline charges filed against suspended Dunkirk judge

April 5, 2017
IL Staff
Formal disciplinary charges have been filed against suspended Dunkirk City Court Judge Tommy Dale Phillips II, who was recently sentenced to a year of probation after pleading guilty to felony battery on a law enforcement officer.
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Fishers fitness firm sanctioned for violating injunction

April 5, 2017
IL Staff
A Fishers fitness business must pay a $1,000 penalty for violating a court order in a franchise dispute.
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Court lets IPL rate increases stand

April 5, 2017
Olivia Covington
An approved rate change for Indianapolis Power & Light customers will stand after the Indiana Court of Appeals rejected the appeal of various advocacy groups on Wednesday.
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Taft wins defamation lawsuit in appellate court

April 5, 2017
Marilyn Odendahl
An Illinois appellate court has affirmed the law firm of Taft Stettinius & Hollister LLP did not defame a private business in a newsletter emailed to clients.
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Johnson County judge temporarily transferred

April 5, 2017
Olivia Covington
The Johnson Circuit Court judge will be temporarily transferred to the county’s Superior Court later this month when Superior Judge Cynthia S. Emkes retires.
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7th Circuit rules Title VII covers sexual orientation

April 5, 2017
Marilyn Odendahl
In a landmark ruling, the 7th Circuit Court of Appeals has found Title VII of the Civil Rights Act of 1964 does prohibit discrimination on the basis of sexual orientation.
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Semifinalists set for second round of Supreme Court interviews

April 5, 2017
Olivia Covington
From a pool of 20 candidates to fill the upcoming vacancy on the Indiana Supreme Court after Justice Robert Rucker retires, a little over half remain after the first round of interviews with members of the Judicial Nominating Commission last month.
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Fewer offenders paying user fees

April 5, 2017
Marilyn Odendahl
A money crunch hits probation and community corrections departments around Indiana as a result of less offenders paying fees.
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Disbarred Merrillville lawyer to face second mail fraud trial

April 5, 2017
Dave Stafford
The federal government will try again next month to convince a jury that disbarred Merrillville attorney Robert Stochel should be found guilty of mail fraud for allegedly embezzling more than $330,000 from a receivership he administered.
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Indianapolis officials, landowner lock horns over Brightwood library branch plan

April 5, 2017
Dave Stafford
Thousands each day drive past a sign on Sherman Avenue near 25th Street in Indianapolis bearing an unequivocal statement of Sheena Schmidt’s sentiments and an irritant for some city officials — a billboard-like placard that reads, “Say no to eminent domain.”
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20-year-old statute being increasingly used for public-private partnership agreements

April 5, 2017
Marilyn Odendahl
Attorneys have noticed use of Indiana Code 5-23, or the Build-Operate-Transfer statute, becoming more popular. Not only is it being used for more public-private partnerships, but it also gives cities and developers a great deal of flexibility in design and implementation.
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  1. Don't we have bigger issues to concern ourselves with?

  2. 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?

  3. 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"

  4. Different rules for different folks....

  5. I would strongly suggest anyone seeking mediation check the experience of the mediator. There are retired judges who decide to become mediators. Their training and experience is in making rulings which is not the point of mediation.

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