Legal News

Accomplice in jewelry store robbery loses sentence appeal

October 7, 2014
Dave Stafford
The 45-year sentence imposed on an accomplice in a jewelry store robbery was affirmed by the Indiana Court of Appeals Tuesday, even though the crime to which he pleaded guilty is now punishable by a maximum sentence of 20 years.
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Indianapolis man gets 28 years for coercing sex

October 7, 2014
 Associated Press
A judge sentenced an Indianapolis man to 28 years in prison Monday for tricking teenage girls as young as 13 into sending him explicit photos via Facebook and using the photos to coerce the girls into having sex with him.
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Marion County to create veterans court

October 7, 2014
Dave Stafford
Marion County plans to start a veterans court next year, a specialized problem-solving court that will allow diversion of lower-level criminal offenses for those who served in the military.
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SCOTUS rejects 3 Indiana cases

October 6, 2014
Dave Stafford
The Supreme Court of the United States on Monday declined to review a ruling that struck down Indianapolis’ limits on the hours that adult bookstores can operate.
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Justices' decision means same-sex marriage legal in Indiana

October 6, 2014
Marilyn Odendahl
The decision by the Supreme Court of the United States not to hear any of the same-sex marriage cases before them was unexpected but very welcomed by the same-sex couples and their attorneys who had challenged Indiana’s marriage ban.
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Judge rejects call for anonymous jury in trial

October 6, 2014
 Associated Press
A federal judge has rejected prosecutors' request to keep juror identities confidential at the January murder and racketeering trial of an East Chicago man.
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Indiana county settles dispute with forensics firm

October 6, 2014
 Associated Press
A southern Indiana county has reached a settlement in its billing dispute with a forensics company that testified on the prosecution's behalf last year in a triple-murder trial.
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Special prosecutor sought in case involving judge

October 6, 2014
 Associated Press
A central Indiana prosecutor is seeking a special prosecutor to hear allegations that a Muncie City Court judge intimidated another woman during a confrontation outside that woman's home.
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Justices add criminal and child support cases to docket

October 6, 2014
Dave Stafford
Whether a person’s proximity to a crime scene together with circumstantial evidence is sufficient for conviction is the question for the Indiana Supreme Court in one of two cases justices will review.
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Ogden quitting law, citing high disciplinary fine

October 6, 2014
Dave Stafford
Indianapolis attorney and blogger Paul Ogden said he is quitting the practice of law rather than pay costs of more than $10,000 imposed on him as the result of a disciplinary case involving private comments he made about a judge.
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New Indiana attorneys sworn in at admission ceremony

October 6, 2014
Kelly Lucas
The Indiana Board of Law Examiners reported that 378 of the aspiring lawyers who sat for the July bar exam were successful in that effort. On Monday, Indiana’s newest class of lawyers was sworn in at an admission ceremony hosted by the Indiana Supreme Court.
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Indianapolis again says justice complex RFP not public

October 6, 2014
Dave Stafford
A representative of Indianapolis Mayor Greg Ballard told Marion County judges Monday that the request for proposals the city issued to three teams competing to design, finance and construct a criminal justice facility is not a document the public can see.
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Same-sex marriage rulings stand

October 6, 2014
IL Staff
The Supreme Court of the United States has let stand rulings from the 7th Circuit and other federal courts that will end laws against same-sex marriage in Indiana and other states.
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Archbishop celebrates Red Mass with Indianapolis bench and bar

October 3, 2014
Marilyn Odendahl
Describing the justice that comes from law as “rough or limited,” Indianapolis Archbishop Joseph Tobin urged lawyers, judges and law students to stay connected with God “who is perfect justice, mercy and love.”
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Metal detector still out at Indianapolis City-County Building

October 3, 2014
Dave Stafford
Marion County judges said Friday they were unaware that a metal detector has been broken and out of commission for weeks at a public entrance of the Indianapolis City-County Building.
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Judge: Yorktown’s door-to-door soliciting restriction unconstitutional

October 3, 2014
IL Staff
Yorktown’s ordinance forbidding door-to-door canvassing before or after daylight hours is unconstitutional, a federal judge ruled.
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Appeals court affirms rejection of YouTube defamation claims

October 3, 2014
Dave Stafford
The sister-in-law of a Boston woman who disappeared in 1981 and whose body was found buried in Massachusetts nine years later lost a defamation appeal Friday stemming from comments to a YouTube video she posted about the case.
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Man gets life for killing ex-girlfriend's father

October 3, 2014
 Associated Press
A southwestern Indiana man has been sentenced to life in prison without parole for the shooting death of his ex-girlfriend's father.
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US Supreme Court takes up housing bias case

October 2, 2014
 Associated Press
For the third time in recent years, the U.S. Supreme Court will consider taking away a powerful legal tactic the Obama administration and others have used to combat housing discrimination.
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Appeals court affirms disbarred attorney’s convictions

October 2, 2014
Jennifer Nelson
The South Bend attorney who was disbarred in 2010 and convicted of forgery in 2013 lost his appeal before the Indiana Court of Appeals Thursday.
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Plainfield facility to house low-risk, first-time offenders

October 2, 2014
Jennifer Nelson
Gov. Mike Pence announced Thursday the conversion of a Plainfield short-term offender program into an individualized program for first-time, lower-risk offenders sentenced to prison.
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Defendant’s breach of plea agreement allows state to back out

October 2, 2014
Jennifer Nelson
The Indiana Court of Appeals addressed an issue of first impression Thursday: whether the state can withdraw from a plea agreement after the trial court has accepted it. The state was allowed to withdraw its agreement with a defendant after the man refused to testify at his co-conspirator’s trial, which was part of the deal.
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Judge concerned remonstrators may not have enough time to ask for a stay

October 2, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed the annexation by the city of Martinsville of approximately 3,000 acres, finding the remonstrators’ appeal is moot because they did not ask for a stay of the annexation approval. But one judge had concerns that municipality clerks may be able to make an annexation final before remonstrators have enough time to consider requesting a stay.
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Judge convicts northern Indiana man in 2 killings

October 2, 2014
 Associated Press
A northern Indiana man paroled in 2010 after serving time for killing a family friend has been convicted in the fatal shootings of his brother and sister-in-law.
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Indiana AG proposes home contractor registry

October 1, 2014
 Associated Press
Indiana residents looking to hire contractors for home repair or remodeling projects would be able to search a state registry that's among a package of legislative proposals Attorney General Greg Zoeller said Tuesday he's supporting in an effort to boost consumer protections.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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