Legal News

Sotomayor: US Supreme Court still feeling loss of Scalia

October 18, 2016
 Associated Press
The U.S. Supreme Court continues to deeply feel the loss of Justice Antonin Scalia eight months after his death, and his empty seat makes it harder for the surviving eight justices to do their job of resolving some of the country's most vexing legal questions, Justice Sonia Sotomayor said Monday.
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COA: Court should have given inmate more time to pay fee

October 17, 2016
Olivia Covington
The Indiana Court of Appeals decided Monday that the Bartholomew Circuit Court erred when it gave an inmate only 30 days to pay a court filing fee and subsequently dismissed the complaint the inmate had tried to file.
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Noblesville city court judge dies at 74

October 17, 2016
IL Staff
Noblesville City Court Judge Gregory L. Caldwell died Thursday night after serving as judge for 24 years. He was 74.
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Supreme Court takes oral arguments to Ball State

October 17, 2016
IL Staff
The justices of the Indiana Supreme Court will travel to Ball State University next week to hear oral arguments in a case involving a karate injury.
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Indy jail wrongful-detention suit order appealed to 7th Circuit

October 17, 2016
Dave Stafford
A judge’s ruling denying class-action certification for a group of people held in the Marion County Jail, sometimes for days after posting bond, has been challenged at the 7th Circuit Court of Appeals.
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Judge: Give Florida voters chance to fix vote-by-mail ballots

October 17, 2016
 Associated Press
Calling the state's current law "illogical" and "bizarre," a federal judge late Sunday ordered the state of Florida to give thousands of voters a chance to make sure their vote-by-mail ballots are counted.
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Dozens of judge nominees wait on Senate as time dwindles

October 17, 2016
 Associated Press, IL Staff
Senate confirmation of President Barack Obama's nominees slowed to a halt this election year, a common political occurrence for the final months of divided government with a Democratic president and a Republican-controlled Senate. But more than 90 vacancies in the federal judiciary are taking a toll on judges, the courts and Americans seeking recourse.
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Lawsuit against Penn State by ex-coach gets underway

October 17, 2016
 Associated Press
A civil trial set to begin Monday in a courtroom in Bellefonte, Pennsylvania, will determine if Penn State should pay for a claim it mistreated a former assistant coach who provided key evidence used to convict child molester Jerry Sandusky.
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Ex-Lake Station mayor begins serving federal sentence

October 17, 2016
 Associated Press
Former Lake Station mayor Keith Soderquist has begun serving a four-year federal prison term for public corruption.
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Study: Compensation gap 44 percent between men, women partners

October 14, 2016
IL Staff
A new study has found that the compensation gap between male and female partners is 44 percent, a slight decrease as compared to two years ago.
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Stepfather’s molestation convictions affirmed

October 14, 2016
Olivia Covington
A former stepfather accused of molesting his 6-year-old stepdaughter on multiple occasions cannot have his convictions or sentenced reduced after the Indiana Court of Appeals found Friday that there was enough evidence to support his 32-year sentence.
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COA upholds judgment against ex-husband accused of violating protective order

October 14, 2016
Olivia Covington
The Indiana Court of Appeals found Friday that an Allen County man must serve out his prison sentence after he knowingly violated the protective order his ex-wife had taken out against him and that he intentionally locked her out of a house that legally belonged to her.
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COA: Man in bar fight can’t seek damages based on default

October 14, 2016
Olivia Covington
A Lake County man cannot seek damages against another man he was involved in a bar fight with after the Indiana Court of Appeals decided Friday that the plaintiff waited too long to bring up the defendant’s default in court.
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Judge denies summary judgment for jailers accused of excessive force

October 14, 2016
Olivia Covington
The U.S. District Court for the Southern District of Indiana, Terre Haute decision, denied a motion for summary judgment brought by four Terre Haute jail officers who have been accused of using excessive force against a former inmate.
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Judge: Man incompetent to stand trial for killing officer

October 14, 2016
 Associated Press
A man accused of fatally shooting an Indianapolis police officer two years ago has been found incompetent to stand trial.
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Appeals panel affirms murder conviction, sentence

October 13, 2016
Dave Stafford
An Indianapolis man who objected to his murder trial being scheduled later than permissible under the speedy trial rule failed to persuade the Indiana Court of Appeals to reverse his murder conviction.
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Divided COA tosses $2M DUI crash verdict over old convictions

October 13, 2016
Dave Stafford
The majority of an Indiana Court of Appeals panel held Thursday that a drunken driver’s decades-old convictions for alcohol-related offenses were irrelevant and prejudicial in a civil suit following a personal-injury crash. A dissenting judge, though, wrote the admissibility of such evidence should go to its weight rather than its age.
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7th Circuit allows Michigan man to sue Indiana body shop for fire that destroyed his vehicle

October 12, 2016
Olivia Covington
The 7th Circuit Court of Appeals overturned summary judgment in favor of a northern Indiana body shop Wednesday after finding that a Michigan man has legal ground to sue the body shop for a fire that destroyed his car.
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Justices say inmates can’t sue private employer for unpaid wages during incarceration

October 12, 2016
The Indiana Supreme Court granted transfer and affirmed Wednesday a trial court’s decision to dismiss a complaint seeking unpaid wages brought by inmates who claim they were underpaid while working for a private company while they were in prison.
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Feds say ASC's CEO, 3 others used kickbacks, shell firms to pull off massive fraud

October 12, 2016
IBJ Staff
An indictment unsealed Wednesday alleges that former American Senior Communities CEO James Burkhart orchestrated a massive scheme that used kickbacks and shell companies to defraud the nursing home company, its owner and federal health care programs out of many millions of dollars.
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Hoosiers among 102 drug offenders Obama grants clemency

October 12, 2016
IL Staff
Three Indiana men are among 102 drug offenders whose lengthy federal prison sentences were reduced last week by President Barack Obama.
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COA: Hotel did not conspire to commit theft from guests' room

October 12, 2016
Olivia Covington
The Indiana Court of Appeals decided Wednesday that an Evansville hotel cannot be considered negligent after its employees allowed a man into a guest room without the guests’ permission, resulting in the theft of the guests’ personal property.
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Major rights groups: Decriminalize use of all illicit drugs

October 12, 2016
 Associated Press
As Americans debate the expanding campaign to legalize marijuana, two of the nation's most prominent human rights organizations are urging a far bolder step — the decriminalization of possession and personal use of all illicit drugs.
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Full 7th Circuit to hear Ivy Tech sexual orientation discrimination case

October 11, 2016
IL Staff
The 7th Circuit Court of Appeals on Tuesday granted an ex-Ivy Tech employee’s request for the full court to hear her sexual orientation discrimination case against the school.
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COA maintains that belatedly filed records result in dismissal

October 11, 2016
Olivia Covington
The Indiana Court of Appeals has reversed an Allen Superior Court decision after finding that the trial court erred when it did not dismiss a case despite the fact that the record was not filed in a timely manner.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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