Legal News

Lawyer argues girl hurt in stage collapse put self at risk

October 27, 2016
 Associated Press
A student injured in a stage collapse last year during a musical at an Indiana high school put herself at risk by participating in the show, the school said in court records countering a lawsuit from the student's parent.
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State brief cites religion in defending fetal-remains statute

October 27, 2016
Dave Stafford
The state is continuing to defend Indiana’s fetal-remains statute that a federal judge blocked after a U.S. Supreme Court decision this year reinforced prohibitions against laws restricting a woman’s right to abortion. The state is relying in part on “astonishing” religious practices to make its case.
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Vaidik re-elected chief judge of Court of Appeals

October 26, 2016
IL Staff
Indiana Court of Appeals Chief Judge Nancy Vaidik will serve another three-year term leading the court beginning Jan. 1 after the court’s 15 judges re-elected her Wednesday.
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COA will not allow specialized driving privileges for man with 27 traffic violations

October 26, 2016
Olivia Covington
An Indiana man now living in Mississippi whose Indiana driver’s license was suspended for life after more than two dozen traffic violations cannot receive special Indiana driving privileges that would enable him to obtain a license in Mississippi.
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Homeowner can be liable for party injuries resulting in death, but not for furnishing alcohol

October 26, 2016
Olivia Covington
The Indiana Supreme Court held Wednesday that a woman whose party guest died at her home after a drunken brawl could be considered negligent because she did not seek care for the guest, but not on the basis of supplying alcohol to the men involved in the fight.
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IN Supreme Court holds that bar shooting was not foreseeable

October 26, 2016
Olivia Covington
After deciding that foreseeability in the context of duty in a negligence case is different than in the context of proximate cause, the Indiana Supreme Court held Wednesday that a Grant County bar was not negligent in a shooting that injured three people because the shooting was not foreseeable.
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Supreme Court upholds burglar’s sentence, rejects COA assessment of appellate argument

October 25, 2016
Olivia Covington
The Indiana Supreme Court affirmed Tuesday a burglar’s felony conviction and sentence, but also rejected a harsh Court of Appeals assessment of the his argument appealing his sentence.
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7th Circuit upholds drug offender’s conviction, vacates life sentence

October 25, 2016
Olivia Covington
A man convicted of multiple drug offenses and sentenced to a life term in prison will soon receive a new sentence after the 7th Circuit Court of Appeals vacated it on Tuesday.
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Indiana Supreme Court upholds decision granting convicted felon’s motion for relief

October 25, 2016
Olivia Covington
The Indiana Supreme Court will allow a convicted felon to bring his case for post-conviction relief back to court to be heard on the merits after finding that his motion for relief was filed in a timely manner, despite a seven-year delay.
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Justices dismiss misconduct charge against White County deputy prosecutor

October 25, 2016
Olivia Covington
The Indiana Supreme Court has entered judgment in favor of a White County attorney after finding that the state Supreme Court Disciplinary Commission failed to prove that the attorney had violated a rule of professional conduct, resulting in a man’s erroneous convictions of child molestation.
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Planned Parenthood asks judge to strike abortion law

October 25, 2016
Dave Stafford
Planned Parenthood of Indiana and Kentucky has asked a federal judge to throw out abortion restrictions signed this year by Gov. Mike Pence that were blocked from taking effect July 1.
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Appeals court rules that DCS employee can proceed with caseload claims

October 25, 2016
Olivia Covington
An employee of the Department of Child Services can continue in her complaint that alleges violations of the state-mandated caseload maximums despite a ruling that the employee has no private right of action under Indiana Code.
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COA reaffirms decision in church breach of contract case

October 25, 2016
Olivia Covington
The Indiana Court of Appeals granted a church’s petition to rehear its breach of contract case and reaffirmed its previous ruling that the church had failed to carry out the terms of the lease in question.
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State appeals judgment for deaf litigant denied interpreter

October 25, 2016
IL Staff
The state of Indiana is appealing a federal court ruling that a deaf Indianapolis man was discriminated against when he was denied an interpreter for a court-ordered mediation session in his child custody case.
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Nurse who survived Ebola settles with Texas hospital system

October 25, 2016
 Associated Press
A nurse who contracted Ebola two years ago while caring for the first person to be diagnosed in the U.S. with the deadly disease settled a lawsuit Monday against the parent company of the Dallas hospital where she worked.
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Wild West court for patent ‘trolls’ may be tamed

October 25, 2016
 Bloomberg News
Apple Inc. and Dell Inc. found an unlikely ally when they were sued over a patent for camera technology in a courthouse that has a reputation for siding against big companies in such fights: the judge.
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Kagan: Supreme Court gender diversity positive sign to youth

October 25, 2016
 Associated Press
Gender diversity on the U.S. Supreme Court sends a positive message to young girls and boys, who hear "women's voices coming from all over the place" as the three female justices join in asking questions during oral arguments, Justice Elena Kagan said Monday.
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Huntington Superior Court judge resigns

October 25, 2016
IL Staff
Judge Jeffrey R. Heffelfinger has announced his resignation from the Huntington Superior Court, effective Saturday, four years before his term is set to expire.
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Short-handed Supreme Court delays action in 3 cases

October 24, 2016
 Associated Press
The U.S. Supreme Court is offering new evidence that the short-handed court is having trouble getting its work done.
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Prosecutors push back against new bail rule

October 24, 2016
Marilyn Odendahl
The Indiana Prosecuting Attorneys Council has come out against Indiana Criminal Procedure Rule 26, which sets parameters for the use of bail as a condition of release from incarceration.
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Indiana Supreme Court grants transfer in injured immigrant worker's case

October 24, 2016
IL Staff
The Indiana Supreme Court will decide if an undocumented Mexican immigrant who was injured on the job in Indiana should receive compensation based on wages for his job in the United States or based on wages for the same job in Mexico.
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2 more counties switch to e-filing

October 24, 2016
IL Staff
Two more Indiana counties have made the switch to electronic case filings in the last week, bringing the total number of participating counties up to 20.
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Report: Indiana fails to provide consistent indigent defense

October 24, 2016
Dave Stafford
Indiana is failing to equally provide constitutionally guaranteed effective counsel to indigent people accused of misdemeanor, felony and juvenile offenses, according to a report released Monday. In some counties, poor people facing criminal charges are encouraged to negotiate directly with prosecutors before being appointed counsel.
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Man who broke officer's jaw gets 30-year sentence

October 24, 2016
 Associated Press
A southern Indiana man convicted of punching a jail officer so hard it broke his jaw in three places has been sentenced to 30 years in prison.
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Posting a ballot selfie? Check your state laws first

October 24, 2016
 Associated Press
While secrecy in the voting booth has become a thing of the past for those ready to share their views and daily lives on social media, laws nationwide are mixed on whether voters are allowed to take pictures of themselves in the act or of their ballots — "ballot selfies".
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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.

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