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COA ruling revives non-union subcontractor’s Antitrust Act claim

February 26, 2015
Jennifer Nelson
A non-union subcontractor presented evidence establishing a genuine issue of material fact that the company awarded a contract to build a new school violated Indiana’s Antitrust Act by unlawfully restraining open and free competition for the public project, the Court of Appeals held Thursday.
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Lack of post-verdict motion dooms fired employee’s appeal

February 26, 2015
Jennifer Nelson
The 7th Circuit court of Appeals quickly affirmed a jury verdict against a former employee in the Lake County Auditor’s Office who claimed she was unlawfully terminated for political reasons. The ex-employee failed to file any post-verdict motions, a necessary first step for the appeals court to review the case.
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COA interprets Uniform Premarital Act for first time

February 26, 2015
Jennifer Nelson
A premarital agreement entered into by a pregnant teenage girl and her future husband who was twice her age was unconscionable when the agreement was executed in 1995, the Indiana Court of Appeals held Thursday in an issue of first impression.
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Ex-con tells judge he robbed bank to get sent back to prison

February 26, 2015
 Associated Press
An ex-convict who robbed a bank hoping he'd be sent back to prison told an Indiana judge he wanted to plead guilty only if he received the maximum 8-year sentence.
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Senate panel OK's Obama attorney general pick

February 26, 2015
 Associated Press
Loretta Lynch won approval from a key Senate committee Thursday to serve as the nation's next attorney general, as divided Republicans clashed over her support for President Barack Obama's immigration policies.
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Allen County seeks to fill upcoming magistrate vacancy

February 25, 2015
Jennifer Nelson
The Allen Superior Court is conducting a statewide search to replace retiring Magistrate Judge Jerry Ummel. The court hopes to have the new magistrate on the bench in late April.
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Marion County small claims court bill passes Senate

February 25, 2015
Dave Stafford
A proposal that would leave the long-criticized Marion County township small claims courts intact with modest changes has cleared the Indiana Senate. The bill would raise the limit on disputes from the current $6,000 to $8,000.
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COA rules lack of probable cause for warrant makes evidence inadmissible

February 25, 2015
Jennifer Nelson
The Indiana Court of Appeals held Wednesday that a probable cause affidavit allowing police to search the home of a man suspected of manufacturing methamphetamine did not establish a confidential informant’s credibility and lacked probable cause. The majority also concluded that the good-faith exception would not be applicable in David Cartwright’s case.
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Legal aid agency chooses new leader

February 25, 2015
Marilyn Odendahl
The Neighborhood Christian Legal Clinic has tapped an internal candidate to be the agency’s next executive director.
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Inmate entitled to hearing on damages following public records request

February 25, 2015
Jennifer Nelson
A Marion County court should have considered a Department of Correction inmate’s claims for civil penalties and court costs against the DOC instead of dismissing the case after the DOC produced the public records the inmate sought, the Court of Appeals ruled.
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COA affirms cutting off mother’s communication with daughter

February 25, 2015
Jennifer Nelson
The court record is replete with evidence supporting a juvenile court’s decision that a teenage girl would be better off if communication and visits with her mother were terminated, the Indiana Court of Appeals held Wednesday. The girl, in foster care, often had detrimental visits with her mother.
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Judges rule counsel was not deficient, drug conviction stands

February 25, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s conviction of Class D felony possession of marijuana in excess of 30 grams after finding that the claims he wanted his attorney to raise at trial would not have prevailed.
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Lawyers arguing mental illness in murder conviction appeal

February 25, 2015
 Associated Press
The Indiana Supreme Court is set to hear an appeal of the conviction of a schizophrenic man serving a life sentence in the death of his mother.
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Senate to take up repeal of state construction wage law

February 25, 2015
 Associated Press
The leader of the Indiana Senate says it will take up a Republican-led push to repeal the state law that sets wages for public construction projects.
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Senate defeats proposed farming constitutional amendment

February 25, 2015
 Associated Press
The Indiana Senate has defeated a proposal that would have added "right to farm" protections to the state's constitution.
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South Bend council urged to stop seeking police recordings

February 25, 2015
 Associated Press
Two of the four South Bend police officers whose telephone recordings are at the center of a police wiretapping case want city council members to end their pursuit of those recordings.
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Rare emergency suspension issued by Supreme Court

February 25, 2015
Dave Stafford
Merrillville attorney Robert E. Stochel spent a few nights in jail after a judge found him in contempt for his evasiveness, but so far he’s avoided criminal charges despite allegedly stealing hundreds of thousands of dollars from clients and a former associate.
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Court of Appeals finds no standing post-adoption, suggests legislative remedy

February 25, 2015
Dave Stafford
An Indiana appeals court empathized with a grandmother’s situation, but it ruled the law gave the court no choice but to strip her of visitation with her granddaughter, whose mother – the grandmother’s daughter – had died.
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IU McKinney observers illuminate murky proceedings in Gitmo trials

February 25, 2015
Marilyn Odendahl
The U.S. Military Commission Observation Project overseen by Indiana University Robert H. McKinney School of Law is continuing to send individuals to watch and report on the accused terrorists’ trials being held at Guantanamo Bay. Blog posts and articles from the observers chronicle the glacial pace of the proceedings, the unexpected courtroom twists and the nagging constitutional questions.
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Amended complaint: Marion County inmates held days after release ordered

February 25, 2015
Dave Stafford
Released inmates in Indianapolis are subjected to a “standard operating procedure” of re-arrest and being held behind bars – sometimes for days – after being acquitted, freed by a judge or posting bond, alleges an amended federal complaint filed against the Marion County Sheriff’s Department.
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‘No relief’ for law school enrollment slump

February 25, 2015
IBJ Staff, J.K. Wall
After three down years for law school enrollment, Austen Parrish expected a rebound of applications and enrollment this year at Indiana University Maurer School of Law. But it isn’t happening.
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Bill would let Indiana businesses battle patent trolls in state courts

February 25, 2015
Marilyn Odendahl
A bill, authored by Bedford Republican Rep. Eric Koch, would prohibit a person from asserting a bad-faith claim of patent infringement and would enable the Indiana business accused of infringing to seek remedy in state court.
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Rising cost of legal education sparked creation of ABA task force

February 25, 2015
Marilyn Odendahl
At public law schools, the average tuition and fees across the country for in-state residents skyrocketed 123 percent between 2003 and 2013. Private law schools were marginally better, logging an increase of 64 percent, according to a 2014 analysis by Robert Kuehn, professor at Washington University School of Law in St. Louis.
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Start Page: Get more out of your iPhone using these 3 tips

February 25, 2015
Seth Wilson
It seems to me that more lawyers are using iPhones. Almost all the attorneys in my office use an iPhone, and I see iPhones at depositions, hearings and client meetings.
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DTCI: Still learning after all these years in practice

February 25, 2015
From DTCI
The practice of law is still exciting and challenging for me, even as I approach my 34th year of practice.
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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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