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Indiana law applies to truck fatality, COA rules

July 8, 2015
Marilyn Odendahl
A family’s attempt to apply Illinois law in an Indiana traffic fatality failed to overcome state court precedent, which has established that laws of the state where an accident happened govern the conduct of the parties.
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Lender in foreclosure gets tax refund, COA rules in reversal

July 8, 2015
Dave Stafford
A $307,193 property tax refund received by owners of industrial property in Marion County was wrongly awarded to borrowers who had defaulted on a mortgage on the property, the Indiana Court of Appeals ruled Wednesday.
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Adoption reversed: Putative father wrongly denied genetic testing

July 8, 2015
Dave Stafford
A child born to a married couple who placed the newborn for adoption may have had a different father, and a trial court erred in denying his requests for genetic testing that could have given him standing to contest the adoption, the Court of Appeals ruled Wednesday.
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Court rules litigants are responsible for lawyers ‘asleep on the job’

July 8, 2015
Marilyn Odendahl
Although the 7th Circuit Court of Appeals agreed the party of investors did have a “poor lawyer,” the panel declined to overturn the nearly $450,000 judgment against them, saying “legal bungling … does not justify reopening a judgment.”
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Ex-cop snared in drug, conspiracy sting loses appeal

July 8, 2015
Dave Stafford
A former Indiana police officer sentenced to 40 years in prison after he transferred guns and agreed to protect a cocaine shipment in a sting operation lost his federal court appeal.
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Supreme Court appoints Valpo law professor to rules committee

July 8, 2015
IL Staff
Valparaiso University School of Law professor Del Wright Jr. has been appointed to the Indiana Supreme Court Committee on Rules of Practice and Procedure.
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Agents testify insurance was increased before home explosion

July 7, 2015
 Associated Press
Insurance agents say the girlfriend of a man accused of blowing up an Indianapolis house nearly doubled the coverage for the contents of her home 11 months before the explosion that killed two neighbors.
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Who gets the notes? The ABA sides with firms

July 7, 2015
 Bloomberg News
Clients may come and clients may go, but until now it hasn't been entirely clear who gets the documents, as well as the notes and drafts, when a client decides to change attorneys.
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GPS search after fatal crash unconstitutional, COA holds

July 7, 2015
Dave Stafford
The warrantless search of a driver's global positioning system after a crash in which a passenger died was unconstitutional, the Indiana Court of Appeals held Tuesday.
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Teens sentence their peers in Tippecanoe County program

July 7, 2015
 Associated Press
A special Tippecanoe County Courthouse program has jurors, lawyers and defendants, but they're all younger than 18.
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COA affirms habitual offender enhancement

July 7, 2015
Dave Stafford
A habitual offender failed to convince the Indiana Court of Appeals that an amended statute, which took effect July 1, 2014, should have been applied to enhance his dealing cocaine conviction.
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Law firm mergers and acquisitions hit record in first half of 2015

July 6, 2015
Marilyn Odendahl
In another active year of law firm mergers and acquisitions, Indiana attorneys’ offices are, so far, remaining on the sidelines.
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Law sending low-level offenders to counties raises questions

July 6, 2015
 Associated Press
Indiana counties are expecting to see increases in their inmate populations under a new law that will send low-level offenders to county jails, work release or home detention instead of to prison, the South Bend Tribune reported Sunday.
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Indiana Supreme Court weighs case on custody, mental illness

July 6, 2015
 Associated Press
The Indiana Supreme Court is weighing an emotionally charged case in which a man lost custody of his daughter after spurning child-welfare officials’ suggestions that he leave his mentally ill wife based on their fears that she might harm the girl.
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Indiana among 9 states contesting EPA water rule

July 6, 2015
IL Staff
Indiana will join eight other states that have challenged an Environmental Protection Agency rule redefining streams, creeks, ponds and wetlands as waters of the United States.
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Despite rebuke, Court of Appeals tosses default judgment

July 6, 2015
Marilyn Odendahl
A defendant who consistently failed to appear for scheduled hearings in small claims court gained a reprieve, but with an admonishment, from the Indiana Court of Appeals.
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ICJI crime victim grant application process now open

July 6, 2015
IL Staff
Organizations that assist victims of crime now may apply for grants from a larger-than-ever pool of available money, the Indiana Criminal Justice Institute announced.
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Convenience stores win one, lose one in property assessment battle

July 6, 2015
Marilyn Odendahl
In a pair of decisions, the Indiana Tax Court has upheld two rulings that found different valuations for the same property.
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In 3-2 decision, justices reinstate molestation conviction

July 6, 2015
Dave Stafford
A 3-2 decision of the Indiana Supreme Court on Thursday reinstated a Class A felony child molestation conviction that the Court of Appeals reversed because the defendant was denied opportunities to admit evidence.
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7th Circuit affirms ruling for Emmis in unpaid-dividend suit

July 6, 2015
Dave Stafford
A ruling in favor of Emmis Communications in a federal lawsuit brought by owners of preferred shares in the company was affirmed Thursday by the 7th Circuit Court of Appeals.
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AG announces settlement in dollar store merger

July 6, 2015
IL Staff
Indiana has joined 16 states in a Federal Trade Commission settlement as Dollar Tree Inc. prepares to acquire rival deep-discount store chain Family Dollar Stores Inc.
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7th Circuit rejects second challenge at ACA contraception mandate

July 2, 2015
Marilyn Odendahl
The 7th Circuit Court of Appeals has again rejected a college’s argument against having to give notification that it does not want to provide coverage for contraceptives as required under the Affordable Care Act.
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Firefighter allegedly targeted with noose sues ex-official

July 2, 2015
 Associated Press
A black Marion firefighter whose wife belongs to the family of a lynching victim has filed a federal lawsuit against an assistant fire chief who allegedly tied a rope into a noose.
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Key Indianapolis home blast witness tells of failed tries

July 2, 2015
 Associated Press
An Indianapolis woman whose house exploded, killing two people, testified Wednesday during her former boyfriend's trial in South Bend that he was determined to burn the home down for insurance money and became angry when the first two attempts failed.
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Notebook found in car falls under Fourth Amendment exception

July 2, 2015
Marilyn Odendahl
A notebook taken from a vehicle during an investigation of an identity-theft scheme was admissible at trial even though police did not have a search warrant, the 7th Circuit Court of Appeals has ruled.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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