Legal News

Justices extend bar on automatic life terms for teenagers

January 25, 2016
 Associated Press
The Supreme Court of the United States ruled Monday that people serving life terms for murders they committed as teenagers must have a chance to seek their freedom, a decision that could affect more than 1,000 inmates.
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High court upholds government's energy conservation program

January 25, 2016
 Associated Press
The Supreme Court of the United States has upheld a 4-year-old federal program that pays large electric customers to save energy during times of peak demand.
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Prosecutor won't pursue case against state lawmaker

January 25, 2016
 Associated Press
A special prosecutor says he will not pursue a criminal case against state Rep. Michael Aylesworth over allegations that he was inside a polling station illegally during election day in November 2014.
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Loser of tied southern Indiana mayor's race won't appeal

January 25, 2016
 Associated Press
The loser of a southern Indiana mayor's race decided by a single vote has decided not to appeal a recount.
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Justices: Officer could open container found after pat-down search

January 22, 2016
Jennifer Nelson
A police officer did not commit an unreasonable search when he opened a pill container found following a pat-down search after a man was lawfully placed under arrest for driving without a valid license. The Indiana Supreme Court upheld the search under the state constitution.
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COA agrees man’s Ohio convictions don’t support SVF charges

January 22, 2016
Jennifer Nelson
Because the elements of the Ohio residential burglary statute used as the basis to charge a defendant as a serious violent felon in Indiana are not substantially similar to the Indiana statute, the Indiana Court of Appeals affirmed dismissal of the defendant’s SVF charges.
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Attorney urges jurors in house blast trial to keep open mind

January 22, 2016
 Associated Press
An attorney for a man accused of murder and arson in a house explosion that killed two people urged jurors to keep an open mind despite emotional testimony they will hear during the trial expected to last more than a month.
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Justices agree: No mistrial because of juror’s Facebook friend

January 21, 2016
Jennifer Nelson
The Indiana Supreme Court granted transfer to a case to affirm the Court of Appeals decision denying a mistrial for a man who argued a juror’s being “friends” with the victim’s relative on Facebook required the mistrial.
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Rental car insurance policy excludes UIM coverage

January 21, 2016
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of an insurance company’s motion for summary judgment in a lawsuit brought by a customer injured in a car accident who had purchased optional supplemental liability protection when renting a car. The trial court incorrectly denied the company’s motion for summary judgment on the premise it did not provide uninsured or underinsured motorist coverage to the customer.
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MLB settlement gives baseball fans new viewing options

January 21, 2016
 Bloomberg News
Major League Baseball, Comcast Corp. and DirecTV agreed to settle a lawsuit brought by fans over how games are broadcast, a crack in the dam the league and pay TV have built against unrestrained viewing.
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Emmis sues insurer over $4M in legal fees

January 21, 2016
IBJ Staff
Emmis Communications Corp. has filed breach-of-contract suit against a New York-based insurance company for refusing to cover any of the more than $4 million in legal fees the media company accumulated in a long-running court battle with preferred shareholders.
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Former Indiana mayor pleads guilty in embezzlement case

January 21, 2016
 Associated Press
A former northwestern Indiana mayor has pleaded guilty to helping his stepdaughter cover up her embezzlement of funds from a court.
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Indiana’s 6 commercial courts set to begin June 1

January 21, 2016
IL Staff
Six commercial courts handling specialized dockets of business cases were announced Wednesday in an order of the Indiana Supreme Court.
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Judge wants state to discard ‘archaic’ coverture fraction

January 20, 2016
Jennifer Nelson
The Indiana Court of Appeals upheld the division of a husband’s pension through the use of the coverture fraction, but one judge questioned why Indiana continues to use the doctrine which has its origin in an “outdated and misogynist view” of the rights and roles of men and women.
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COA finds 1 out of 3 dental advertising regulations unconstitutional

January 20, 2016
Jennifer Nelson
The regulation that compels dentists to disclose every dentist within the practice in advertisements is unconstitutional, the Indiana Court of Appeals held Wednesday. It held two other challenged regulations regarding advertising are not unconstitutional.
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Jury seated in trial of man accused in fatal house explosion

January 20, 2016
 Associated Press
A jury of eight men and four women has been seated for the trial of a man accused of murder, arson and conspiracy charges.
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Law schools, ILS partner on foreclosure prevention services

January 20, 2016
IL Staff
A grant from the Office of the Indiana Attorney General will help fund a partnership between Indiana Legal Services Inc. and two law schools in an effort to provide more services to those facing foreclosure in the state.
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7th Circuit upholds convictions in attempted post office robbery

January 20, 2016
Jennifer Nelson
A videotaped interview brought to light mid-trial and the suppressed personnel record of a detective did not constitute violations under Brady v. Maryland, warranting a new trial for a man convicted of aiding and abetting firearm use during the attempted robbery of a Fort Wayne post office in 2012.
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Clark County makes switch to e-filing

January 20, 2016
IL Staff
Clark County has become the second county to have its trial courts use electronic filing.
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Court affirms in part lien priority ruling

January 19, 2016
Jennifer Nelson
A trial court correctly concluded that a living trust, which held a purchase-money mortgage over a property in question, had first priority in enforcing a lien against the property, the Court of Appeals ruled Tuesday.
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Judges split over reversal of drug conviction after inventory search

January 19, 2016
Jennifer Nelson
Each member of a panel on the Indiana Court of Appeals authored an opinion regarding a man's marijuana conviction stemming from the discovery of the drug during an inventory search after he was arrested for allegedly driving on a suspended license. Two of the three judges voted to reverse his felony conviction.
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Lack of signage causes COA to toss speeding ticket

January 19, 2016
Jennifer Nelson
The Indiana Court of Appeals threw out a man’s speeding ticket issued in Lawrence County after ruling the county did not make motorists aware with signs of the 35 mph speed limit on the road.
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US court backs Apple motion in patent case against Samsung

January 19, 2016
 Bloomberg News
A U.S. court ruled in favor of Apple Inc. in its patent battle with Samsung Electronics Co. and ordered the South Korean company to stop using software in the U.S. that helps mobile phones infringe on those patents.
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Amazon veers into labor law fight-zone for hurried deliveries

January 19, 2016
 Bloomberg News
Amazon.com Inc.’s Uber-esque foray into ultra-fast delivery has landed it in court with drivers claiming they’re being exploited.
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GM accuses ignition-switch trial plaintiff of dream-house fraud

January 19, 2016
 Bloomberg News
An Oklahoma man suing General Motors Co. in the first trial over a deadly ignition switch flaw lied to the jury about his family’s eviction from its “dream house” after he committed fraud against a real estate agent, the company says.
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  1. A sad end to a prolific gadfly. Indiana has suffered a great loss in the journalistic realm.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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