Legal News

COA dismisses improperly filed preliminary injunction motion

April 5, 2016
Scott Roberts
The Indiana Court of Appeals dismissed a motion for preliminary injunction against the state’s Medicaid Fraud Control Unit filed by Pain Medicine and Rehabilitation Center and Anthony Alexander after it found PMRC’s motion in the trial court was not procedurally correct.
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Court reduces man's sentence by 3 years

April 5, 2016
Scott Roberts
The Indiana Court of Appeals reduced a man’s aggregate sentence by three years after it found he was denied effective assistance of counsel when his counsel did not bring up a statutory limitation issue.
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How a spy probe wound up as a child pornography prosecution

April 5, 2016
 Associated Press
At issue in the case is how the government uses evidence derived through the Foreign Intelligence Surveillance Court and under what circumstances that information should be made available to defendants, particularly when it winds up repurposed for a routine criminal prosecution that has nothing to do with national security.
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Class-action suit challenges US government's no-fly list

April 5, 2016
 Associated Press
On Tuesday, a Muslim civil rights group filed a class-action lawsuit in federal court in Alexandria on behalf of thousands of Americans who have been placed on the terror watch list. The suit seeks unspecified monetary compensation.
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National group recognizes Indiana for criminal justice reform

April 4, 2016
Marilyn Odendahl
Indiana is getting a little love on social media Monday for efforts in recent years to reform its criminal justice system. The U.S. Justice Action Network is including the Hoosier state in its national campaign “30 States, 30 Days” to prompt Congress to pass legislation reforming the federal justice system.
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Launch of Marion County online transcript service delayed

April 4, 2016
Scott Roberts
The Marion Circuit and Superior Courts have postponed implementation of TheRecordXchange, an Internet-based transcript ordering and production management platform.
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Judge denies class action in NCAA scholarship suit

April 4, 2016
Dave Stafford
A former college football quarterback who sued the NCAA over its former scholarship policy doesn’t meet the requirements for certification of a class-action suit against the Indianapolis-based organization, a federal judge ruled.
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Supreme Court will take up case about juror’s racial bias

April 4, 2016
 Associated Press
U.S. Supreme Court takes case over whether a juror's allegedly racially charged comments can open jury deliberations.
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Jury finds South Bend teen convicted of murder had gang ties

April 4, 2016
 Associated Press
South Bend jury finds teenager convicted of murder should have sentence enhanced for criminal gang activity.
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High court sides with sex offender in dispute over registry

April 4, 2016
 Associated Press
The U.S. Supreme Court ruled unanimously Monday that a convicted sex offender did not have to update his status on the federal sex offender registry after moving to a foreign country.
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Indiana mandates concussion training for public coaches

April 4, 2016
 Associated Press
New Indiana law requires coaches to complete a course on spotting the symptoms of concussions. Coaches who finish the training will be granted civil immunity from being sued for student injuries.
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Court upholds total population count in electoral districts

April 4, 2016
 Associated Press
The United States Supreme Court has unanimously upheld a Texas law that counts everyone, not just eligible voters, in deciding how to draw electoral districts.
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Broker sues after Colts cancel season-ticket renewal

April 4, 2016
Anthony Schoettle
A Pennsylvania ticket broker is suing the Indianapolis Colts over their revocation of his season tickets—a legal skirmish other brokers say appears to be fallout from efforts by the team to gain greater control over the secondary market and thin the ranks of resellers.
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High court rejects challenge to Mississippi campaign finance law

April 4, 2016
 Associated Press
The Supreme Court of the United States won’t hear an appeal challenging the constitutionality of a Mississippi campaign finance law that requires reporting by people or groups spending at least $200 to support or oppose a ballot measure.
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Indianapolis house blast convict says informant set him up

April 1, 2016
 Associated Press
An Indianapolis man convicted on 53 counts in a house explosion that killed two people and devastated the southside Richmond Hill neighborhood said testimony from a jailhouse informant and undercover officer saying he tried to have a key witness killed never should have been presented at his trial.
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Jury convicts 7th person in fatal shooting of South Bend boy

April 1, 2016
 Associated Press
Jurors have convicted a seventh person of involvement with gunfire during a gang fight that resulted in a South Bend toddler being fatally wounded by a stray bullet.
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Man must pay to clean up meth mess, court affirms

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a man must pay to clean up the remnants of his meth lab after it found Indiana Code justified the payment and there was a victim to whom restitution should be paid.
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COA: Patient not notified doctor was independent contractor

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled a man was never notified that the doctor treating him was an independent contractor and not an employee and therefore reversed summary judgment to the hospital and remanded the man’s vicarious liability case to the trial court.
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Ex-judge must take anger-management classes

March 31, 2016
 Associated Press
A former Maryland judge who pleaded guilty to a civil rights violation for ordering a defendant to be physically shocked in his courtroom will have to take anger-management classes as part of his sentence.
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Majority: injured worker’s immigration status relevant

March 31, 2016
Scott Roberts
The Indiana Court of Appeals ruled in a split decision a man’s immigration status is valid evidence in a case where he was injured while working in the United States as an undocumented immigrant.
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Lawsuit: Fort Wayne cleanups violate rights of the homeless

March 31, 2016
 Associated Press
Indiana's second-largest city faces a federal lawsuit alleging that it is violating homeless residents' constitutional rights by destroying tents, coats, blankets and other property seized during sweeps of homeless camps.
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5 players accuse US soccer federation of wage discrimination

March 31, 2016
 Associated Press
Five stars from the World Cup-winning U.S. women's national team have accused the U.S. Soccer Federation of wage discrimination in an action filed with the federal Equal Employment Opportunity Commission.
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Supreme Court: Blanket suppression goes too far in murder case

March 30, 2016
Scott Roberts
While police officers who overheard a pretrial consultation between a suspect and his lawyer were definitely in the wrong, the total suppression of all the officers’ testimony in the case may not be necessary, the Indiana Supreme Court ruled in a unanimous decision
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2 years after New Jersey's Super Bowl, ticket suit goes on

March 30, 2016
 Associated Press
More than two years after New Jersey's first Super Bowl, a lawsuit over how tickets were distributed is still playing out in court.
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Jury: GM car's bad ignition switch not to blame in crash

March 30, 2016
 Associated Press
A New York City jury found Wednesday that a flawed General Motors ignition switch was not to blame in a 2014 accident on an icy New Orleans bridge, handing the carmaker its second victory in a row in trials meant to help lawyers settle dozens of similar claims.
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  1. Just an aside, but regardless of the outcome, I 'm proud of Judge William Hughes. He was the original magistrate on the Home place issue. He ruled for Home Place, and was primaried by Brainard for it. Their tool Poindexter failed to unseat Hughes, who won support for his honesty and courage throughout the county, and he was reelected Judge of Hamilton County's Superior Court. You can still stand for something and survive. Thanks, Judge Hughes!

  2. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  3. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  4. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  5. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

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