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Majority: Expungement applies to civil forfeiture action

December 31, 2015
Jennifer Nelson
In a matter of first impression, the Indiana Court of Appeals was divided Thursday over whether a man’s civil forfeiture action that stemmed from a drug bust should have been expunged in addition to his criminal record in the matter.
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Bill pushes to replace administrative law judges

December 31, 2015
Dave Stafford
The chairman of the Indiana Senate Judiciary Committee has introduced Senate Bill 1, a 119-page proposal that would replace administrative law judges with an administrative court made up of nine judges appointed by the governor.
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COA: Doctor had duty to nurse practitioner’s patient who died

December 31, 2015
Jennifer Nelson
An Indiana doctor who entered into an agreement with a nurse practitioner to review her prescription practices had a duty to one of the nurse practitioner’s patients, who later died in part because of medicines prescribed to him.
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Lawyer: Trump comments could bias jurors in terrorism case

December 31, 2015
 Associated Press
Republican presidential candidate Donald Trump's call for a ban on Muslim immigration into the United States will make it difficult to find unbiased jurors for the trial of a man accused of supporting al-Qaida in the Arabian Peninsula, the man's lawyer is arguing in court papers.
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Consent amid wine, pills to be a key question in Cosby case

December 31, 2015
 Associated Press
Entertainer Bill Cosby has long maintained that his extramarital conquests over the years were all consensual. A jury may ultimately decide if that's true after the 78-year-old actor was arrested Wednesday on felony assault charges in suburban Philadelphia stemming from a 2004 encounter with a former Temple University employee less than half his age.
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Indiana adoption advocates to push again to open up records

December 31, 2015
 Associated Press
The leader of an advocacy group for Indiana adoptees says she's optimistic state lawmakers will endorse a bill to expand adoptees' access to sealed records.
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Judge temporarily blocks law barring workers from office

December 31, 2015
 Associated Press
A Lake County judge has temporarily blocked a state law that bars five municipal employees from holding elected office in the same city or town.
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Notre Dame to add tax clinic to curriculum

December 31, 2015
Marilyn Odendahl
Notre Dame Law School is preparing to launch a tax clinic to assist low-income and immigrant families in northern Indiana.
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Evansville law firm to pay for free cab rides New Year's Eve

December 31, 2015
 Associated Press
An Evansville law firm will be paying for New Year's cab rides home for the 18th year in a row.
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Facebook’s suit against Ceglia lawyers thrown out on appeal

December 30, 2015
 Bloomberg News
Facebook Inc.’s malicious-prosecution lawsuit against lawyers and firms that represented Paul Ceglia in his claim to own half the social media giant was thrown out on appeal.
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County scores partial victory on mall assessments

December 30, 2015
Jennifer Nelson
The Marion County assessor, who argued the values assigned to Washington Square mall for 2006-2010 were too low, will see an uptick in the assessed value of the mall in three of those years following a ruling from the Indiana Tax Court.
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Donnelly hopeful Indiana’s federal court vacancies will be filled soon

December 30, 2015
Marilyn Odendahl
With U.S. District Judge Robert Miller Jr. preparing to take senior status in January, Indiana will have three judicial vacancies to fill on the federal bench.
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Judge grants extensions Pence sought in Syrian refugee case

December 30, 2015
Dave Stafford
A federal judge has granted extensions the administration of Gov. Mike Pence sought as it continues to oppose a charity’s resettlement of Syrian refugees in Indiana. The ACLU of Indiana, meanwhile, calls discovery demands the state has directed at the nonprofit agency “breathtaking.”
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Man did not provide enough evidence to support lower home valuations

December 30, 2015
Jennifer Nelson
A homeowner seeking to reduce the valuation of his residential properties did not provide enough evidence to the Indiana Board of Tax Review to support his argument, the Indiana Tax Court ruled Wednesday in two separate appeals.
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Court sua sponte reverses 5 convictions

December 30, 2015
Jennifer Nelson
Although a man convicted in a brutal attack on his grandmother lost his arguments on appeal, the Indiana Court of Appeals sua sponte reversed five of his six convictions stemming from the attack for double jeopardy reasons.
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COA: Termination hearing did not comply with Open Door Law

December 30, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of a southern Indiana school board after finding its holding of a public meeting at 2:30 a.m. regarding the employment of a teacher violated the Open Door Law.
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Retiring federal Judge Robert Miller Jr. praised for legal analysis and temperament

December 30, 2015
Marilyn Odendahl
With the exception of the year Judge Robert Miller Jr. spent clerking for the late U.S. District Judge Robert Grant, he has spent his entire working life wielding a gavel. He served for 11 years in St. Joseph Superior Court before his appointment to the federal bench.
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House party hosts face heightened liability after recent COA ruling

December 30, 2015
Dave Stafford
Just in time for holiday revelry and New Year’s Eve celebrations, an Indiana appeals court ruled hosts of house parties may be held liable for the well-being of guests who drink too much.
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Smoking ban dispute heads to Supreme Court

December 30, 2015
Dave Stafford
The Indiana Supreme Court wants to hear more from Hoosier Park about why patrons at its Winner’s Circle off-track betting parlor in Indianapolis should be allowed to light up when smoking in public is otherwise generally banned by city ordinance.
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Indiana’s alcohol laws withstand court challenges

December 30, 2015
Marilyn Odendahl
Recent rulings from state and federal courts underscore that while Indiana’s alcohol laws may be silly, quirky and arcane, they are not so easily changed.
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2040 vision: Lawyers look at the future

December 30, 2015
Marilyn Odendahl
As part of Indiana Lawyer’s commemoration of its silver anniversary this year, we asked a varied group of attorneys to look ahead to the year 2040. They outlined what they thought the profession would be like, how they hoped the profession would change, and what they did not want the profession to become.
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2015 Year in Review

December 30, 2015
IL Staff
Here are the highlights of what made headlines in the Indiana Lawyer in 2015.
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Bell/Whelan: 3 things to know about civility and discipline

December 30, 2015
James Bell, Jessica Whelan
As it turns out, acting in a civil manner is not just a way of being polite, or being a good advocate or a way to make the profession look good. In fact, being uncivil in and of itself can lead to disciplinary sanctions.
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Nelson: A look back … and to the profession’s future

December 30, 2015
Jennifer Nelson
Birthdays, anniversaries, and a new year are good times for reflection and evaluation. That’s part of the reason we take a look back at the news we covered throughout the year in our last issue of the year and why we devoted stories each month in honor of our 25th anniversary in print.
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Column: Does Patchett v. Lee make patchwork of medical specials?

December 30, 2015
The Indiana Court of Appeals recently affirmed a ruling in Patchett v. Lee, 29A04-1501-CT-1 (Ind. Ct. App. Nov. 19, 2015), which held that government reimbursement rates are not an accurate reflection of the value of health care services, and thus are inadmissible as evidence of the reasonable value of medical services in personal-injury cases. The Patchett ruling signified a major shift in Indiana law on the determination of medical specials damages.
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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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