Legal News

Federal courts warn of threatening jury duty scam calls

January 16, 2015
IL Staff
Federal courts are warning residents of scam phone calls threatening prosecution for failure to comply with jury service, according to an alert released Thursday by the U.S. District Court for the Southern District of Indiana.
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Justices uphold convictions in second trial after partial deadlock

January 15, 2015
Dave Stafford
The Indiana Supreme Court Thursday upheld the convictions of a man involved in a fatal drunken-driving crash. The defendant was retried on all charges after a jury convicted him on some counts and deadlocked on others.
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$1.8M verdict against Walgreen for pharmacist’s data breach stands

January 15, 2015
Jennifer Nelson
The Indiana Court of Appeals rejected Thursday several claims raised by Walgreen Co. on rehearing, holding that the company and its pharmacists are liable for damages sustained by the plaintiff after the pharmacist divulged her prescription records to a third party.
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Counsel’s ‘risky’ trial strategy is not considered ineffective

January 15, 2015
Jennifer Nelson
A trial attorney who decided to pursue a trial strategy in a theft case that did not request a jury instruction on the lesser-include offense of criminal conversion did not provide ineffective assistance of counsel, the Court of Appeals ruled.
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COA reverses sentence based on a ‘suspect enhancement’

January 15, 2015
Jennifer Nelson
Finding that a judge was clearly influenced by a jury’s not-guilty decision on another drug charge when he sentenced a defendant for cocaine possession, the Indiana Court of Appeals ordered the man’s sentence reduced.
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Full 7th Circuit declines to rehear right-to-work appeal

January 15, 2015
Jennifer Nelson
An even split among all of the 7th Circuit Court of Appeals judges as to whether to rehear an appeal challenging Indiana’s right-to-work law means that its previous affirmation of the law will stand.
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Defense wants statements omitted at Indiana fatal fire trial

January 15, 2015
 Associated Press
Defense attorneys for an Evansville man accused of starting a deadly March fire have asked a judge to keep statements he made to police from being used at trial.
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Rush proposes business court, makes pitch for e-filing funding

January 14, 2015
Dave Stafford
In her first State of Judiciary speech, Indiana Chief Justice Loretta Rush on Wednesday said the judiciary is “currently working on the development of a business court model focused on complex commercial litigation,” and urged the General Assembly to help fund the courts’ electronic filing initiative.
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Author and death penalty opponent Sister Helen Prejean calls for judicial reform

January 14, 2015
Marilyn Odendahl
When she became pen pals with an inmate on Louisiana’s death row, Sister Helen Prejean said she did not know much about the law or the U.S. Constitution. She was not aware of constitutional protections or how the Supreme Court of the United States was interpreting them.
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7th Circuit upholds use of GPS unit on car in 2011

January 14, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a defendant’s claim that his motion to suppress drugs and guns found by police at a storage locker through the use of a GPS unit should have been granted because attaching the device to his car for purposes of gathering information was a search under the Fourth Amendment.
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Senate panel advances bill to open adoption records

January 14, 2015
Dave Stafford
Advocates of opening Indiana’s adoption records won an emotional first round Wednesday as a Senate panel advanced legislation that for the first time would open birth records of hundreds of thousands of Hoosiers.
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Pence troubled by report Guard mishandled domestic case

January 14, 2015
 Associated Press
Gov. Mike Pence is troubled by allegations that the Indiana National Guard mishandled a domestic violence case and will review a Pentagon report on the matter, his spokeswoman said.
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Court orders termination of spousal maintenance following ex-wife’s remarriage

January 14, 2015
Jennifer Nelson
A woman who remarried and now has substantial income and assets as a result of that marriage is no longer entitled to spousal maintenance, the Indiana Court of Appeals ruled Wednesday.
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Teen injured in stage collapse loses challenge of tort liability

January 14, 2015
Jennifer Nelson
A Cincinnati girl who was injured when a concert stage collapsed in 2011 at the Indiana State Fair and later declined to settle with the state lost her challenge that the tort claim caps are unconstitutional, ruled the Indiana Court of Appeals Wednesday.
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COA reverses in part judgment for agents on man’s insurance claim lawsuit

January 14, 2015
Jennifer Nelson
Finding the owner of a home that burned designated additional evidence which created a genuine issue of material fact, summary judgment should not have been awarded to agents on his claim, the Indiana Court of Appeals held.
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Woman can sue Evansville over bungled SWAT raid

January 14, 2015
Dave Stafford
A woman who was 68 years old when her home was raided in 2012 by an Evansville SWAT team tracking down online threats against police can sue the city for unreasonable use of force, a federal judge has ruled.
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Deaf man sues state courts over denial of interpreter for mediation

January 14, 2015
Dave Stafford
A deaf man’s federal lawsuit against Indiana courts claiming the state failed to provide a sign language interpreter for mediation in his child custody hearing has survived the state’s initial efforts to dismiss.
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Once controversial, IOLTA is now professional standard in Indiana

January 14, 2015
Marilyn Odendahl
Indiana Supreme Court posed an obstacle in 1990 to getting the program launched to fund pro bono efforts.
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McKinney slates living wage panel discussion

January 13, 2015
IL Staff
“Living Wages as a Human Right” is the topic of a forum next week at Indiana University Robert H. McKinney School of Law.
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Appeal remands suit for trial court to determine legal fees

January 13, 2015
Dave Stafford
A law firm that represented a company in the sale of a Fishers sign franchise will have its day in court to argue it is entitled to a greater judgment of legal fees than the $11,085.50 a trial court ordered.
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Appeals court remands grandparents’ visitation order

January 13, 2015
Dave Stafford
Grandparents rightly were awarded visitation with their granddaughter after their daughter died, but the Court of Appeals ruled Tuesday a trial court abused its discretion in establishing the amount of time grandparents could spend with the child.
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Lawyers for Wal-Mart shopper slain by police to speak at Maurer

January 13, 2015
IL Staff
Lawyers representing the family of an African-American man killed in a police action shooting while he was shopping at an Ohio Wal-Mart store will talk about the case next week at Indiana University Maurer School of Law.
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Senate panel passes bill for harsher beheading penalties

January 13, 2015
 Associated Press
Decapitation soon could be punishable by death in Indiana. The state Senate Criminal Law Committee unanimously passed a bill Tuesday that would allow prosecutors to seek the death penalty for beheadings.
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Judge cuts damages for teacher fired for in vitro treatment

January 13, 2015
 Associated Press
A federal judge has cut by more than two-thirds the damages awarded to an Indiana teacher who was fired by a Roman Catholic diocese for trying to get pregnant through in vitro fertilization.
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Prosecutor in dust-up over asbestos threat in office

January 13, 2015
 Associated Press
Like the sands of time, dust regularly falls on offices of the Lake County prosecutor, who hopes it isn't laced with asbestos.
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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.

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