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DTCI: Deciphering the new Administrative Rule 9(G)

September 24, 2014
From DTCI
On Sept. 8, the Indiana Supreme Court issued an order amending the Administrative Rules, wherein it adopted most of the proposed changes and added some requirements to Rule 9(G). These amendments take effect Jan. 1, 2015.
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Hammerle On … 'Get On Up,' 'The Drop'

September 24, 2014
Robert Hammerle
Bob Hammerle says "The Drop" is worth seeing based on the performances of Tom Hardy and Noomi Rapace.
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Tenant who trashed house loses appeal, owes attorney fees

September 23, 2014
Dave Stafford
A former babysitter entrusted to live in a family’s home while they were away for a year and care for their pet dog in exchange for paying $300 monthly rent instead trashed the place. The ex-tenant appealed an $85,889 judgment against her but now has more bills to pay.
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Attorney wins summary judgment appeal

September 23, 2014
Marilyn Odendahl
An Indianapolis attorney ensnared in a dispute between a land developer and a creditor was successful at convincing the Indiana Court of Appeals he is identical to the other defendants and should be granted summary judgment.
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Despite erroneous findings, termination of parental rights affirmed

September 23, 2014
Dave Stafford
A trial court entered erroneous findings in terminating the parental rights of a mother and father concerning two minor children, but the mistakes weren’t significant enough to reverse in a case where the state presented enough evidence to warrant the decision.
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Meth dealing conviction affirmed, restitution required

September 23, 2014
Dave Stafford
Convictions for dealing methamphetamine and two counts of neglect of a dependent were affirmed on appeal Tuesday, as was an order that the offender pay restitution to the state for the costs of cleaning up the meth lab.
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Angie's List to pay $2.8M in membership-fee settlement

September 23, 2014
Mason King
Indianapolis-based Angie's List Inc. will pay $2.8 million to settle a lawsuit alleging that it automatically renewed members at a higher rate than they were led to believe.
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Reversal of PACER decision restores access

September 23, 2014
Marilyn Odendahl
The Administrative Office of the United States Courts is showing what technology has taken away, technology can restore. The federal judiciary is reversing an earlier decision to delete hundreds of thousands of older case files from the federal courts’ electronic system, PACER.
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Child support and tax deduction rulings reversed

September 23, 2014
Dave Stafford
A Lake County father prevailed in appealing a trial court order regarding his child support obligations that deviated from those recommended under Indiana’s official guidelines.
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On rehearing, panel clarifies ruling regarding Death Property Act

September 23, 2014
Dave Stafford
A promissory note between a mother and son did not transfer to the mother’s estate on her death, the Indiana Court of Appeals clarified in rehearing an estate dispute that reversed a trial court ruling.
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MCBA joins national voter registration effort

September 23, 2014
Marilyn Odendahl
As part of a national effort, members of the Marion County Bar Association are going to neighborhoods and churches to help lower-income residents get registered to vote prior to the upcoming November election.
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No dismissal of charges against county treasurer

September 22, 2014
 Associated Press
A judge has rejected a central Indiana county treasurer's request for the dismissal of criminal charges that he mishandled public money.
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Neighbors file suit to block 2,000-hog facility

September 22, 2014
 Associated Press
A central Indiana farmer faces a lawsuit from neighbors who want to block plans for a facility where some 2,000 hogs would be raised.
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Indiana Toll Road operator files for bankruptcy

September 22, 2014
 Associated Press
A judge and creditors will have to decide who runs the Indiana Toll Road after the highway's private operator filed for bankruptcy protection, formally acknowledging that it couldn't afford the debt from the multibillion-dollar deal to take over the highway.
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Justices to review reversal of capped sentence after plea

September 22, 2014
Dave Stafford
The Indiana Supreme Court will review a case in which the Court of Appeals reversed a 10-year sentence, the most a man could receive under an agreement in which he pleaded guilty to multiple felonies.
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Former MCBA treasurer suspended from practice 2 years

September 22, 2014
Dave Stafford
The former treasurer for the Marion County Bar Association has been suspended from the practice of law for a minimum of two years for taking more than $9,100 from the organization.
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Legal community rolls up its sleeves for ‘Day of Service’

September 22, 2014
Marilyn Odendahl
Once again, members of the Indiana State Bar Association gave up part of their Saturday to help their local communities as part of the association’s Annual Day of Service.
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Purdue shooter sentenced to 65 years in prison

September 22, 2014
 Associated Press
An Indiana man who admitted fatally stabbing and shooting a fellow Purdue University student inside a crowded classroom was sentenced Sept. 19 to the maximum 65 years in prison after telling a judge he lied about being mentally ill.
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State holds $1.2 million in domestic violence funds

September 19, 2014
 Associated Press
The trustees of the Indiana Criminal Justice Institute have decided to stick by a plan that withholds $1.2 million in domestic violence prevention funds from private agencies until they submit spending plans.
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Issues of material fact allow Environmental Legal Actions claim to proceed

September 19, 2014
Marilyn Odendahl
The Indiana Court of Appeals is allowing a claim under Indiana’s Environmental Legal Actions statute to move forward, ruling there are many questions for the lower court to examine about the former landlord’s role in the contamination of the soil.
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Judgment favoring policeman’s meth-exposure claim reversed

September 19, 2014
Dave Stafford
A police officer who claimed disability resulting from his work dismantling methamphetamine labs had a favorable trial court ruling reversed by the Indiana Court of Appeals Friday.
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Ex-Conseco board member owes legal fees, may pursue malpractice claim

September 19, 2014
Dave Stafford
A pre-bankruptcy board member of Conseco Inc. was ordered to pay $127,592.21 in outstanding legal fees, but he may pursue legal malpractice claims, a federal judge ruled Thursday.
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Supreme Court posts annual report

September 19, 2014
IL Staff
The Indiana Supreme Court has posted its annual report, providing details of the 995 cases it reviewed in the fiscal year ending June 30 and elaborating on plans to roll out electronic filing in trial courts statewide.
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DCS settles adoption subsidy lawsuit

September 18, 2014
IL Staff
Families who sued the Department of Child Services will receive $15.1 million in state foster child adoption subsidies withheld from 2009 to 2014, DCS announced Thursday.
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Judges disagree over enhanced sentence for child molesting conviction

September 18, 2014
Jennifer Nelson
The Indiana Court of Appeals was divided Thursday over whether a Johnson County man convicted of having sex with a 13-year-old girl deserved to have his sentence enhanced above the 30-year advisory sentence.
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  1. 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.

  2. 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.

  3. 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.

  4. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

  5. Mr. Foltz: Your comment that the ACLU is "one of the most wicked and evil organizations in existence today" clearly shows you have no real understanding of what the ACLU does for Americans. The fact that the state is paying out so much in legal fees to the ACLU is clear evidence the ACLU is doing something right, defending all of us from laws that are unconstitutional. The ACLU is the single largest advocacy group for the US Constitution. Every single citizen of the United States owes some level of debt to the ACLU for defending our rights.

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