Legal News

Providing temptation to commit crime is not inducement, majority rules

March 5, 2015
Jennifer Nelson
The Indiana Supreme Court affirmed a man’s conviction of patronizing a prostitute, with the majority ruling the state rebutted his defense of entrapment by showing there was no police inducement.
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No new trial for Indiana woman convicted in deadly crash

March 5, 2015
 Associated Press
An Indianapolis woman convicted of killing six children and a man in a wrong-way, head-on collision along a state highway will not get a new trial, a judge has ruled.
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Class-action suit against Indiana BMV to go to mediation

March 5, 2015
 Associated Press
A class-action lawsuit that says the Indiana Bureau of Motor Vehicles overcharged customers by millions of dollars is set to go to mediation.
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Courts closed in southern Indiana due to weather

March 5, 2015
IL Staff
Severe weather and emergency travel restrictions have closed several federal courts in southern Indiana. The Evansville and New Albany offices of the U.S. District and Bankruptcy courts for the Southern District of Indiana are closed Thursday. The Clark County Government Building, which houses the Circuit courts, is also closed.
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Patients sue Lilly, claim Cymbalta withdrawal hazards

March 4, 2015
Dave Stafford
Two federal lawsuits filed in Indianapolis allege Eli Lilly’s top-selling antidepressant Cymbalta caused almost immediate dangerous withdrawal symptoms when patients attempted to stop using the medication.
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Indy Land Bank trial could turn on government wiretaps

March 4, 2015
Cory Schouten
Reginald T. Walton is guilty of "very poor judgment" and "ethics violations," and also "did a pretty good job concealing" his involvement in private real estate partnerships during his tenure leading the Indy Land Bank, but he's not guilty of any crime, his attorney argued in federal court Wednesday.
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SCOTUS sharply divided over Obamacare subsidies

March 4, 2015
 Associated Press
The Supreme Court of the United States was sharply divided Wednesday in the latest challenge to President Barack Obama's health overhaul, this time over the tax subsidies that make insurance affordable for millions of Americans.
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Judges tweak offender’s amount of credit time awarded

March 4, 2015
Jennifer Nelson
A trial court incorrectly calculated the amount of credit for the time a man had served prior to the revocation of his probation as well as the sentence imposed after the revocation, the Indiana Court of Appeals ruled.
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Ex-IMPD officer’s convictions upheld in 2010 fatal accident

March 4, 2015
Jennifer Nelson
Former Indianapolis Metropolitan Police Department officer David Bisard, convicted of drunken-driving offenses after he struck three motorcyclists while responding to a non-emergency call, was not entitled to a mistrial based on juror misconduct issues, the Indiana Court of Appeals ruled Wednesday.
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Judge: No 2nd lawyer for defendant in Hartford City killings

March 4, 2015
 Associated Press
A Blackford County judge has denied a request for a second court-appointed lawyer from an eastern Indiana man accused of killing a father and daughter.
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Tsarnaev's lawyer admits client carried out Boston bombing

March 4, 2015
 Associated Press
Dzhokhar Tsarnaev went on trial for his life Wednesday in the Boston Marathon bombing with his own lawyer bluntly telling the jury he committed the crime. But she argued that he had fallen under the influence of his older brother.
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Justices take environmental contamination appeal

March 3, 2015
IL Staff
The Indiana Supreme Court took just one case on transfer last week, a case involving a dispute over coverage for environmental contamination. The Court of Appeals ordered a trial on whether the known loss doctrine would bar insurance coverage, but later found that the “known claim” exclusion applies.
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COA finds man justly fired for violating sexual harassment policy

March 3, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed the decision by an administrative law judge that a nurse was not fired for just cause. The COA noted surprise that the man's claims he was joking when he made sexually inappropriate comments to co-workers led the ALJ to decide the actions did not amount to violation of his employer's sexual harassment policy.
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Man, not state, had priority in breeder’s award proceeds

March 3, 2015
Jennifer Nelson
A Marshall County trial court erred when it granted summary judgment in favor of the Indiana Department of Revenue on a man’s attempt to collect breeder’s award proceeds owed to another man who had outstanding tax warrants.
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Cumberland ups ante in fight to save historic church

March 3, 2015
Scott Olson, IBJ Staff
Cumberland officials are stepping up their efforts to stop a supermarket and convenience store chain from demolishing a historic church by hiring one of Indianapolis’ top real estate attorneys to argue their appeal.
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Judge's order adds Griffith, Hammond back into state tourney

March 3, 2015
 Associated Press
Two high school basketball teams kicked out of Indiana's state basketball tournament after a bench-clearing brawl have been allowed back in that tournament by a Lake County judge.
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US Supreme Court allows challenge to Colorado Internet tax

March 3, 2015
 Associated Press
A unanimous Supreme Court ruled Tuesday that federal courts can hear a dispute over Colorado's Internet tax law, a decision that could lay the groundwork for future changes in how states can tax retail sales to companies outside their borders.
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CASA Day at Statehouse set for Monday

March 3, 2015
IL Staff
Hundreds of Indiana court-appointed special advocates will gather Monday for CASA Day at the Statehouse in Indianapolis. The event will be at noon in the north atrium.
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Debate on common wage repeal lingers during contractor event

March 3, 2015
 Associated Press
A Republican-backed proposal to repeal the state law that sets wages for public construction projects requires further study instead of a quick vote, opponents of the measure said Monday.
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7th Circuit reinstates alleged racketeering lawsuit

March 2, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the decision of a federal judge to dismiss a man’s lawsuit because it is barred by the Rooker-Feldman doctrine. A man who had his gas station foreclosed upon claimed the defendants acted in cahoots to defraud him out of his business.
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COA affirms attorney fees in frivolous suit challenging Logansport P3 deal

March 2, 2015
Jennifer Nelson
A woman’s lawsuit that claimed the city of Logansport had to pass an ordinance formally adopting the Public-Private Agreements Act before entering into a P3 deal was frivolous and in bad faith, thus justifying the award of attorney fees to the city, the Court of Appeals affirmed.
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Zoeller asks justices to uphold ‘Spice’ law COA struck down

March 2, 2015
Dave Stafford
Indiana’s ‘Spice’ law that a pair of divided Court of Appeals panels ruled unconstitutional last month should be reinstated, Attorney General Greg Zoeller argues in briefs asking the Indiana Supreme Court to review the decisions.
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Chronic litigator’s suit seeking $3 trillion tossed with warning

March 2, 2015
Dave Stafford
A federal judge has had about enough from a litigant who has brought so many frivolous lawsuits that he may be barred from filing future complaints.
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Woman may pursue negligence claim against pharmacist

March 2, 2015
Jennifer Nelson
The Indiana Court of Appeals sidestepped the question of whether a previous decision is valid when determining that a woman who brought a medical malpractice claim against a hospital can pursue a negligence claim against the hospital’s pharmacist. The plaintiff did not present that negligence claim before the medical review panel.
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Applications open to replace Friedlander on Court of Appeals

March 2, 2015
Dave Stafford
Qualified applicants interested in being considered for a pending vacancy on the Indiana Court of Appeals may apply online through April 27.
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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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