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Commentary: Lawyer recounts work on Resnover death penalty case

December 31, 2014
Attorney David Hurley writes about his work for the state on the Gregory Resnover execution. Resnover was put to death by electrocution in 1994.
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Hammerle on...'Top Five,' 'The Hobbit: The Battle of the Five Armies'

December 31, 2014
Robert Hammerle
Bob Hammerle says a tearful goodbye to the "Hobbit" series.
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Driver’s lack of appellee brief reinstates license revocation

December 30, 2014
Dave Stafford
A motorist who won a trial court judgment vacating the suspension of his driver’s license didn’t file a brief when the Bureau of Motor Vehicles appealed the decision and, therefore, lost his challenge of the BMV action.
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COA affirms judgment for seller in voided land deal

December 30, 2014
Dave Stafford
Sellers of property that had been designated as the second phase of a Gatorade distribution facility in Hendricks County were properly awarded specific performance of a contract to sell the land after the buyer backed out, the Court of Appeals held.
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Pulling a switcheroo leads to felony conviction

December 30, 2014
Marilyn Odendahl
A man who switched seats to help a friend failed to convince the Indiana Court of Appeals that he unknowingly put himself in the hot seat.
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Insurer owes no duty in dispute between sibling ex-law partners

December 30, 2014
Dave Stafford
A dispute between a brother and sister as their law firm partnership was dissolving was an employment-related matter covered by an insurer’s exclusionary clause, the Indiana Court of Appeals held Tuesday, reversing a trial court order.
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Principal fired for relationship with teacher wins appeal

December 30, 2014
Dave Stafford
A Westfield elementary school principal fired in 2011 for a consensual sexual relationship with a teacher he supervised won an appeal of his lawsuit against the school corporation, which had been granted summary judgment by the trial court.
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Clark County prosecutor stepping down after 25 years

December 30, 2014
 Associated Press
After serving as the Clark County prosecutor for 25 years — the longest term of a prosecutor in the county's history — Steve Stewart is moving on to new challenges.
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Owner can seek separate claim for property damage coverage

December 29, 2014
Marilyn Odendahl
Despite having agreed to pay $1.7 million, an insurance company may have to provide more money to satisfy a claim from the owner of a contaminated property.
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COA finds double-jeopardy violations in conviction of former secretary of state

December 29, 2014
Marilyn Odendahl
Former Indiana Secretary of State Charlie White, convicted of voter fraud and removed from office, had three of his six convictions overturned by the Indiana Court of Appeals Dec. 29 and will have to serve his sentence of one year of electronic home monitoring.
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Ohio woman’s incriminating statements properly suppressed

December 29, 2014
Jennifer Nelson
An Ohio woman charged with murder and other crimes in Ripley County prevailed in the Indiana Court of Appeals Monday when the judges affirmed the grant of her motion to suppress incriminating statements she gave to police.
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‘Second haircut’ nixed by tax court

December 29, 2014
Marilyn Odendahl
A finance company that purchased car loans at a discounted price is entitled to recoup all the sales tax on the loans which have since gone into default.
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Impact of Indiana's criminal code changes unclear

December 29, 2014
 Associated Press
Indiana's prosecutors and judges are still adjusting to sweeping changes to the state's criminal code intended to send more low-level, nonviolent criminals to community corrections programs and jails instead of state prisons.
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Little Statehouse appetite exists for government reform

December 29, 2014
 Associated Press
Indiana lawmakers set to reconvene next week aren't showing any signs they'll embrace some of the more sweeping changes to the structure of the state's local government proposed by a bipartisan commission.
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Pro se medical malpractice claim fails without expert testimony

December 24, 2014
Marilyn Odendahl
The Indiana Court of Appeals chastised a pro se litigant for supporting his medical malpractice claim with only a “perfunctory and self-serving” affidavit instead of submitting expert testimony.
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Drunken-driving conviction upheld for motorist parked at courthouse

December 24, 2014
Dave Stafford
A woman who was intoxicated while she attended to business at the courthouse in Crawfordsville lost her appeal of a felony drunken-driving conviction Wednesday.
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5 judges presiding over Muncie City Court

December 24, 2014
 Associated Press
Five eastern Indiana Circuit judges have been appointed to fill in for a suspended Muncie City Court judge facing misconduct allegations.
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Merrillville lawyer named to JLAP committee

December 24, 2014
IL Staff
Merrillville solo practitioner Gina L. Jones has been chosen to serve on the Judges and Lawyers Assistance Program Advisory Committee, the Indiana Supreme Court announced.
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Justices grant transfer to insurance, will disputes

December 23, 2014
IL Staff
The Indiana Supreme Court will hear the insurance dispute involving a landlord and tenant that divided the Court of Appeals earlier this year.
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Justices vacate adoption by stepdad in win for grandparents

December 23, 2014
Dave Stafford
The Indiana Supreme Court on Tuesday stripped the adoption of a child by her stepfather, ruling that maternal grandparents who had been primary caregivers early in her life were wrongly denied an opportunity to consent to or contest the adoption.
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7th Circuit: Jury correctly ruled in favor of gas station in personal injury suit

December 23, 2014
Jennifer Nelson
The District Court properly excluded an ordinance a woman sought to introduce at trial to bolster her case that a gas station should be liable for her injuries sustained after she fell off a curb walking around a display outside the gas station store, the 7th Circuit Court of Appeals ruled Tuesday.
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Supreme Court issues order on pretrial release

December 23, 2014
IL Staff
The Indiana Supreme Court plans to implement an evidence-based pretrial release program in Indiana, according to an order signed by Chief Justice Loretta Rush Monday. In order to do so, a study committee will develop and implement at least one pilot project.
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Family did not follow statutory remedies before suing bank

December 23, 2014
Jennifer Nelson
A federal court properly dismissed a family’s lawsuit against an Indiana bank and employee alleging they breached a fiduciary duty to a veteran in managing his benefits, the 7th Circuit Court of Appeals held Monday. The family is required to seek review of the fiduciary appointment as outlined under statute.
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7th Circuit upholds bank robbery conviction despite errors

December 22, 2014
Jennifer Nelson
Although a federal court in Indianapolis committed some errors in admitting certain evidence at a man’s bank robbery trial, those errors were harmless based on DNA evidence and the defendant matching the robber’s description, the 7th Circuit Court of Appeals held Friday.
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Tax Court invalidates contract distinction in administrative regulations

December 22, 2014
Jennifer Nelson
In ruling for a national home improvement chain on whether it had to collect sales tax from customers who used its contractor services, the Indiana Tax Court invalidated a distinction contained in Department of Revenue administrative regulations regarding the type of contract a contractor uses.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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