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Apple fights DOJ over attempt to unlock seized iPhone

October 28, 2015
 Bloomberg News
Apple Inc. is fighting the U.S. Justice Department’s demand for access to data on an iPhone seized during a drug probe just days after the company’s chief executive officer squared off against the director of National Security Agency over privacy.
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Lawyer: Escort unlikely to talk with NCAA without immunity

October 28, 2015
 Associated Press
The attorney for Katina Powell says his client is unlikely to cooperate with authorities and the National Collegiate Athletic Association unless she receives immunity for her allegations that a former University of Louisville men's basketball staffer hired her and other dancers to strip and have sex with recruits and players.
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Water flavorings lawsuit may mean end of gravy train in Texas

October 28, 2015
 Bloomberg News
Could a fight over flavoring water mean the end of a court district that’s become notorious for its patent litigation? It might, if Heartland Consumer Products Holdings LLC is successful in getting a patent-infringement lawsuit filed against it last year by Kraft Heinz Co. in Delaware moved to a court in its home state of Indiana.
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Evansville man gets 200 years for fire deaths of 3 people

October 27, 2015
 Associated Press
A judge on Monday sentenced an Evansville man to 200 years in prison after a jury found him guilty but mentally ill on three counts of murder for starting a fire that killed his ex-girlfriend, her grandfather and her daughter.
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Judge: Private Facebook messages fair game at arson trial

October 27, 2015
 Associated Press
A judge has declined to prevent private Facebook messages from being considered as evidence at the trial of two people charged in an Evansville marina fire.
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COA rejects father’s definition of 'home' in parental rights case

October 27, 2015
Jennifer Nelson
The “home” that is referred to in the statute allowing for the termination of parental rights is the home of the child and not the home of a particular parent, the Indiana Court of Appeals held Tuesday, rejecting a father’s argument in his appeal of the termination of his parental rights.
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Judges reverse trespass conviction of man kicked out of bar

October 27, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a defendant that there is insufficient evidence to support his criminal trespass conviction after he was kicked out of a downtown Indianapolis bar.
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Detective’s testimony on drug buy inadmissible, but harmless error

October 27, 2015
Jennifer Nelson
The Indiana Supreme Court ruled the admission of a detective’s statement regarding a controlled drug buy should not have been admitted because it resolved the issue of the defendant’s guilt, but that admission into evidence was a harmless error.
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Attorney general wants SCOTUS to reinstate death penalty

October 27, 2015
IL Staff
Indiana Attorney General Greg Zoeller announced Tuesday that he is asking the Supreme Court of the United States to reinstate the death penalty for Tommy R. Pruitt, who was convicted in the 2001 murder of a Morgan County sheriff’s deputy.
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Marion County auditor sues city, BlueIndy over car-sharing contract

October 27, 2015
Hayleigh Colombo
Marion County Auditor Julie Voorhies sued the city of Indianapolis on Monday over its contract with BlueIndy, saying the city illegally paid $6 million to the electric car-sharing service.
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ILS awarded grant to help northern Hoosiers

October 26, 2015
Marilyn Odendahl
Indiana Legal Services Inc. has received a $10,000 award to help families in the northern part of the state with bankruptcy filings.
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Justices to hear Fortville annexation case

October 26, 2015
Jennifer Nelson
The Indiana Supreme Court will have its say on three cases it took on transfer last week, including the town of Fortville’s efforts to annex nearly 600 acres.
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Court should decide if nephew is uncle’s dependent next of kin

October 26, 2015
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment in favor of the driver in a deadly car accident on the decedent’s nephew’s wrongful death action, finding questions exist as to whether the nephew is his uncle’s dependent next of kin.
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IPFW custodian loses appeal of discrimination, retaliation claims

October 26, 2015
Jennifer Nelson
An Indiana University-Purdue University Fort Wayne custodian who was fired for his role in a physical confrontation with another custodian could not convince the Indiana Court of Appeals that his discrimination and retaliation claims should proceed to trial.
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Old hurdles and new haunt the Sept. 11 case at Guantanamo

October 26, 2015
 Associated Press
The latest hearing resolved some lingering issues, but old and new challenges continue to haunt a death penalty case that remains so mired in preliminaries that prosecutors and defense lawyers will no longer even estimate an approximate trial date.
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Indiana asks state's high court to rehear 'Elkhart 4' case

October 26, 2015
 Associated Press, IL Staff
The state has asked the Indiana Supreme Court to reconsider its decision to throw out murder convictions against three Elkhart men whose accomplice in a burglary was shot and killed by a homeowner.
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Expanding smoking ban would hurt casinos, study committee chair says

October 23, 2015
Marilyn Odendahl
In a brief hearing Thursday, members of the Interim Study Committee on Public Policy voted to leave the state’s smoking ban alone.
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Court rules for IPS in ex-employee’s 'Moorish Christmas' suit

October 23, 2015
Dave Stafford
An ex-Indianapolis Public Schools employee and minister fired after repeated complaints of physical altercations with students lost his federal discrimination lawsuit that claimed in part he was fired for religious reasons, including his request to be allowed off work to observe “Moorish Christmas.”
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Ex-IU student's lawyer says he's horrified by attack

October 23, 2015
 Associated Press
The attorney for a 19-year-old former Indiana University student says she believes he was intoxicated and didn't target a Muslim woman with racial slurs as he tried to remove her headscarf.
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Louisville student sues author, IBJ publishing unit over book

October 23, 2015
IBJ Staff, J.K. Wall
Indianapolis-based IBJ Book Publishing LLC and author Katina Powell have been sued by a University of Louisville student who claims her career prospects have been damaged by Powell’s book, which alleges Powell supplied strippers and prostitutes to the Louisville men’s basketball program.
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Inside massive injury lawsuits, clients get traded like commodities for big money

October 23, 2015
 Bloomberg News
For all the black robes and ceremony, the American legal system often operates more like a factory assembly line than a citadel of individualized justice. Now a legal dispute within a plaintiffs' law firm that organizes massive torts is threatening to pull back the curtain on the mechanics of high-volume litigation.
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Indiana part of lawsuit challenging EPA carbon rule

October 23, 2015
 Bloomberg News, IL Staff
Indiana and 22 other states filed a legal challenge Friday to the U.S. Environmental Protection Agency's new rule requiring existing power plants to make technological changes to reduce carbon dioxide emissions. The rule change is expected to unleash a flood of lawsuits from lawyers challenging everything from the timing to the constitutionality of President Barack Obama’s signature climate initiative.
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Case latest example of difficulty in prosecuting insider trading

October 23, 2015
 Bloomberg News
The U.S. dropped insider-trading charges against Michael Steinberg, a former fund manager at SAC Capital Advisors LP who was convicted by a federal jury, in the latest fallout from a major appeals court ruling that made such prosecutions more difficult.
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Former Subway pitchman's victims given $1 million

October 23, 2015
 Associated Press
Ten victims of former Subway pitchman Jared Fogle have received a total of $1 million in restitution since he agreed to plead guilty to child pornography and sex-crime charges, and his four other victims could receive their checks by the time he is sentenced next month — a move prosecutors said is rare.
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AG settles with Aspen Dental over deceptive advertising

October 22, 2015
IL Staff
The Office of the Indiana Attorney General has reached a settlement with New York-based Aspen Dental Management Inc. over deceptive advertising and unfair tactics claims used to promote services in Indiana.
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  1. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  2. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  3. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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