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Woman’s lien takes priority in property sold at tax sale

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals determined Tuesday that a woman who obtained a judgment lien in 2006 against a co-owner of a property later sold in a tax sale has priority over other claims for the tax sale surplus and that she made a timely claim for the surplus.
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Outlaws member had no legal interest in forfeited properties

May 12, 2015
Jennifer Nelson
A member of the Outlaws Motorcycle Club who claimed an interest in property forfeited to the government after two fellow members pleaded guilty to racketeering charges did not have an interest under the law, the 7th Circuit Court of Appeals affirmed Monday.
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PCR court erred in determining woman violated probation

May 11, 2015
Jennifer Nelson
A post-conviction court incorrectly calculated when a woman’s probation ended, so it erred in finding that she violated probation after the probationary period was complete, the Indiana Court of Appeals ruled.
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Gov. Mike Pence passes law to address vacant housing

May 11, 2015
 Associated Press
City officials in Indianapolis are applauding a law that Indiana Gov. Mike Pence signed last week that won't let municipalities hold banks responsible for upkeep on vacant homes.
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Indiana, not Canada, has jurisdiction over child custody dispute

May 11, 2015
Jennifer Nelson
An Indiana court retains jurisdiction over matters involving a child conceived in Indiana but born in Canada after her mother returned to Canada following the breakup of her one-month marriage to the child’s father, the Indiana Court of Appeals ruled Monday. It affirmed the award by the Indiana court that father have custody of the girl.
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South Bend bar's dress code prohibiting tattoos within the law

May 11, 2015
 Associated Press
A northern Indiana bar was within its rights to deny a man entry because his neck tattoo violated its dress code despite the patron's feelings of discrimination, a civil rights group says.
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Prosecutor prefers county investigate rapes at Notre Dame

May 11, 2015
 Associated Press
Students at the University of Notre Dame who have been told for years to report sexual assault cases to campus police have the option of reporting such cases directly to the St. Joseph County Special Victims Unit, a prosecutor said.
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Justices decline to review $1.4M verdict against Walgreen

May 11, 2015
Dave Stafford
The Indiana Supreme Court will not review a $1.4 million jury award against Walgreen Co. in favor of a woman whose private prescription records were disclosed to a third party by a pharmacist.
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Judicial estoppel does not apply to juvenile delinquency proceedings, COA rules

May 11, 2015
Jennifer Nelson
A teen who argued that the rationale for applying judicial estoppel against the state in criminal proceedings should not apply in juvenile delinquency proceedings lost his appeal Monday before the Indiana Court of Appeals.
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COA rejects former guardians’ arguments on rehearing

May 8, 2015
Jennifer Nelson
An elderly man's former temporary guardians were unable to convince the Indiana Court of Appeals that it erred in overturning an award to them of $15,000 after finding potential misconduct by the guardians.
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State prejudiced by 22-year delay in bringing PCR petition

May 8, 2015
Jennifer Nelson
The Indiana Court of Appeals agreed with a lower court that the doctrine of laches prevents a man convicted of murder in the 1980s from prosecuting a post-conviction relief petition in 2014 that was originally filed in 1992.
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Court seeks comment on reappointment of federal magistrate

May 8, 2015
IL Staff
The U.S. District Court in the Northern District of Indiana wants to hear from the bar and public as to whether a current magistrate judge should be recommended for reappointment.
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Indiana University law schools announce May 9 commencement speakers

May 8, 2015
IL Staff
A former U.S. ambassador to Costa Rica and the current general counsel at The Home Depot will address graduates Saturday at Indiana University Robert H. McKinney School of Law and IU Maurer School of Law, respectively.
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Sheriff: Federal oversight could end soon at Indiana jail

May 8, 2015
 Associated Press
A sheriff in northwest Indiana says a county jail could be released from oversight by the U.S. Department of Justice later this year.
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Convictions upheld for man who battered girlfriend, relative at family reunion

May 7, 2015
Jennifer Nelson
The Indiana Court of Appeals found that the victim of a battery at a family reunion was related to the perpetrator under Indiana statute, so the defendant’s Level 6 felony battery conviction was affirmed Thursday.
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Court erred in concluding it lacked jurisdiction over military husband

May 7, 2015
Jennifer Nelson
The Indiana Court of Appeals sent a divorce case back to the trial court Thursday because the trial court erred in concluding that it lacked jurisdiction over the husband on division of property and spousal maintenance issues.
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Fort Wayne attorney to be magistrate in Allen Superior Court

May 7, 2015
IL Staff
Fort Wayne attorney David M. Zent has been named a magistrate judge in the Allen Superior Court Criminal Division. His first day on the bench is expected to be June 1.
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Auto theft conviction of man who did not return rental car upheld

May 7, 2015
Jennifer Nelson
A Porter County man convicted of auto theft argued that his failure to return a rental car was a civil case and misunderstanding with the rental company, but the Court of Appeals upheld his Class D felony conviction.
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IU Maurer to hold Baier naming ceremony Friday

May 7, 2015
IL Staff
Indiana University Maurer School of Law will hold a dedication ceremony for the law school building Friday, which is being renamed Baier Hall in recognition of alum Lowell E. Baier. Baier recently made a $20 million estate gift to the Bloomington law school.
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2nd Circuit: NSA phone record collection is excessive

May 7, 2015
 Associated Press
The bulk collection of Americans' phone records by the government exceeds what Congress has allowed, a federal appeals court said Thursday as it asked Congress to step in and decide how best to protect national security and privacy interests.
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Pence signs bill repealing Indiana construction wage law

May 7, 2015
 Associated Press
Local boards will no longer set minimum wages for public construction projects in Indiana under a law signed Wednesday by Gov. Mike Pence.
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New magistrates approved for 7 counties

May 6, 2015
Marilyn Odendahl
Seven Indiana counties have been given approval to appoint new magistrate judges to their local courts. Gov. Mike Pence signed House Enrolled Act 1110 on May 5.
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Bock receives Center for Public Trust ethics honor

May 6, 2015
Dave Stafford
Indianapolis attorney and U.S. Anti-Doping Agency general counsel William Bock III, who was part of the team that exposed cyclist Lance Armstrong's use of performance-enhancing substances, is one of four Americans selected to receive an award recognizing ethical leadership in the business and professional communities.
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Pacquiao's next fight looms in Vegas court over bum shoulder

May 6, 2015
 Bloomberg News
Manny Pacquiao went into the richest match in boxing history without telling fans and gamblers he had a bum shoulder. Now he faces a fight in court.
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Reporter may need to testify, interview notes remain private

May 6, 2015
 Associated Press
A northern Indiana judge has ruled a newspaper reporter does not have to turn over notes and recordings from an interview she conducted with a man accused of murder and the suspect's mother. But Elkhart Circuit Judge Terry Shewmaker said she does have to be available to testify as a rebuttal witness.
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  1. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  2. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  3. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

  4. His brother was a former prosecuting attorney for Crawford County, disiplined for stealing law books after his term, and embezzeling funds from family and clients. Highly functional family great morals and values...

  5. Wondering if the father was a Lodge member?

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