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Dismissed dental student loses suit against IU

August 30, 2012
Jennifer Nelson
The Indiana University School of Dentistry student kicked out of the program because of failing grades and allegations of professional misconduct lost her lawsuit because of failure to state a claim.
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Trial court erred in land survey dispute

August 30, 2012
Jennifer Nelson
Although a Starke Circuit Court correctly rejected a legal survey performed on land owned by a trust, the special judge did err by imposing two prior surveys to establish boundary lines of the property, the Indiana Court of Appeals held.
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Mining company an insured under contractor’s policy

August 30, 2012
Jennifer Nelson
The mining company that hired a truck company as a contractor is considered an insured under the truck company’s insurance policy with regards to an injured trucking employee, the Indiana Court of Appeals ruled.
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Bankruptcy Court amends some rules, seeks comment on others

August 30, 2012
Jennifer Nelson
The judges in U.S. Bankruptcy Court in the Southern District of Indiana have amended local bankruptcy rules, with the changes taking effect Oct. 1. The court is also considering the addition of five local rules.
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Mom’s conviction due to child’s school absences upheld

August 30, 2012
Jennifer Nelson
The Indiana Court of Appeals concluded that an Indianapolis mother was not unlawfully denied a right to a jury trial on her Class B misdemeanor failure to ensure school attendance charge.
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7th Circuit vacates habeas petition, orders further proceedings

August 30, 2012
Jennifer Nelson
Although a District Court’s grant of the habeas petition of a man claiming he didn’t have an impartial jury was reversed by the 7th Circuit Court of Appeals, the case was sent back to the lower court for the state to show that the jury was not prejudiced.
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New partnership sends McKinney faculty and students back to high school

August 30, 2012
Marilyn Odendahl
They arrived on yellow school buses as visitors Wednesday afternoon but someday the high school students may come as law students. The Indiana University Robert H. McKinney School of Law and Shortridge Magnet High School for Law and Public Policy inked a partnership that will put McKinney faculty and students in Shortridge classrooms and bring Shortridge students to McKinney.
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Bad BP gas distributed widely in Indy, as far south as Corydon

August 29, 2012
Dave Stafford
Tainted BP gasoline that is the subject of two federal lawsuits in northern Indiana was delivered to and likely sold in at least 28 Indianapolis gas stations and as far south as Corydon and Lawrenceburg, according to information the company provided.
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Judges order new trial due to counsel’s deficient performance

August 29, 2012
Jennifer Nelson
A Marion County man was prejudiced by his counsel’s error of not timely filing a request for a jury trial, so the Indiana Court of Appeals ordered a new trial on his Class A misdemeanor resisting law enforcement conviction.
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Denial of summary judgment upheld over questions of car ownership

August 29, 2012
Jennifer Nelson
The insurer of a car dealership is not entitled to summary judgment because there are genuine issues of material fact as to whether the dealership or the son of an employee who purchased a car from the dealership owned the car at the time the son hit a bicyclist.
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Same court, new experience

August 29, 2012
Marilyn Odendahl
Hoover Hull LLP partner Alice Morical joins a Southern District pro bono program and faces a jury for the first time.
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Marion County slating reform gets new push

August 29, 2012
Dave Stafford
The Indianapolis Bar Association takes aim at the Marion Superior judicial selection process.
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Roberts ready for last year at bat

August 29, 2012
Marilyn Odendahl
Indiana University Robert H. McKinney's dean talks legal education and his future teaching plans.
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Pill mills migrating to Indiana?

August 29, 2012
Marilyn Odendahl
The General Assembly and physician groups are considering ways to stop over-prescribing of pain medications.
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Marion County Small Claims courts take small steps

August 29, 2012
Dave Stafford
Recommended overhauls on the courts' structure are unlikely following the task force's critical report.
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Shepard to lead legal education task force

August 29, 2012
Marilyn Odendahl
The American Bar Association forms a committee to review the performance of law schools.
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Technology Untangled: easy printing from phone or tablet

August 29, 2012
Stephen Bour
Stephen Bour writes about an app that makes it easy for Android users to print from their mobile devices.
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Medical malpractice caps challenged in Indiana, fall elsewhere

August 29, 2012
Dave Stafford
Medical malpractice caps are unconstitutional in Missouri. And in Illinois and Georgia. They might be in Indiana, too, if the justices of the Supreme Court grant Timothy Plank the day in court his attorneys say he is entitled to.
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DTCI: Throw your cell phone into the spaghetti bowl

August 29, 2012
From DTCI
James Strenski writes about why lawyers need to get away from their cell phones occasionally.
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Quality of Life: Take action to make next year a better one

August 29, 2012
Jonna Kane MacDougall
The drought has made MacDougall think about how people often say "next year will be better" but do nothing to make that happen.
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Dean's Desk: Career planning innovation at Valparaiso Law

August 29, 2012
Jay Conison
This fall, Valparaiso Law is launching a new program that will help students organize their three years of career-related activities and complete the steps essential to fulfilling career goals. The program is provided through a mobile website named VOLT, which the school believe is the first of its kind.
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7th Circuit orders disability case back to administrative law judge

August 28, 2012
Because the Social Security Administration Appeals Council did not consider new evidence when it was presented – despite its own regulations requiring it to do so – the 7th Circuit Court of Appeals sent a disability insurance benefits case back to the administrative law judge for further proceedings.
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7th Circuit to DOC: Sex offender registry error safeguards insufficient

August 28, 2012
Dave Stafford
Indiana’s Sex and Violent Offender Registry provides insufficient means for those whose information is incorrect to challenge the information, the 7th Circuit Court of Appeals ruled Tuesday.
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Court of Appeals finds 2006 statute does apply to 2001 violation

August 28, 2012
Marilyn Odendahl
The Indiana Court of Appeals rejected a defendant’s ex post facto argument and affirmed a trial court’s decision to convict him of committing a sex offender residency offense.
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COA affirms its reversal of trial court in land-use case

August 28, 2012
Dave Stafford
Property owners on a northwestern Indiana lake who argued their land was unconstitutionally taken lost their rehearing before the Indiana Court of Appeals.
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  1. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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