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New Indiana attorneys sworn in during admission ceremony

September 28, 2015
IL Staff
The state’s legal profession welcomed 312 new lawyers to its ranks Monday during an admission ceremony hosted by the Indiana Supreme Court.
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Communities request more funds than DOC has available

September 28, 2015
Marilyn Odendahl
In advance of lower-risk offenders staying in local jails instead of going to state prisons, counties across Indiana have requested more than $17 million from the state. However, for the first round of appropriations this fiscal year, the Department of Correction only has $5 million to give.
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Allen County Bar to honor attorneys for longtime service

September 28, 2015
IL Staff
The Allen County Bar Association will recognize 13 attorneys Tuesday at its annual meeting for their outstanding professional and civic accomplishments in the local community, including 10 who have a total of 500 years of legal service among them.
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Court: Policy required notice to title insurance company

September 28, 2015
Jennifer Nelson
A Greensburg couple who received two legal notices that their home was going into a tax sale never notified their title insurance company about the issue, which doomed their lawsuit. The Indiana Court of Appeals upheld summary judgment in favor of the title insurer.
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Ex-US House speaker's lawyers talking possible plea deal

September 28, 2015
 Associated Press
Former U.S. House Speaker Dennis Hastert's attorneys are talking with prosecutors about a possible plea deal in the Republican's hush-money case, both sides told a federal judge Monday.
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Complaint targets Quicken Loans' employee free speech rules

September 28, 2015
 Associated Press
Mortgage giant Quicken Loans overly restricts employees' free speech and should rewrite its rules for workers and educate employees about their rights, according to a National Labor Relations Board complaint.
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Gary airport tenant sues airport authority, private operator

September 28, 2015
 Associated Press
A tenant at the Gary/Chicago International Airport is suing the airport authority and its private operator, alleging that they "unilaterally" quadrupled its rent.
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Volkswagen to be subpoenaed in probe by 27 states

September 25, 2015
 Bloomberg News
A majority of U.S. states, including Indiana, have begun a joint investigation of Volkswagen AG in the widening fallout from the company’s admission that 11 million of its diesel vehicles use software to cheat emissions tests.
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7th Circuit mourns death of Judge Cudahy

September 25, 2015
Jennifer Nelson
Judge Richard Cudahy, an active senior judge on the 7th Circuit Court of Appeals, died Tuesday at his Illinois home.
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TDSIC settlement agreement rejected by state utility regulators

September 25, 2015
Marilyn Odendahl
Citing the Indiana Court of Appeals’ ruling, the state utility regulatory agency rejected a power company’s attempt to use a new state statute to charge customers more.
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Judge dismisses lawsuit challenging Indiana Nativity display

September 25, 2015
Jennifer Nelson
A federal judge has granted the motion to dismiss a lawsuit brought last year challenging a Nativity scene erected annually outside the Franklin County courthouse.
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Federal judge awards ex-jail inmate $225K in chokehold suit

September 25, 2015
 Associated Press
A federal judge has awarded $225,000 to a former western Indiana jail inmate who alleged a jail officer put him in a chokehold and threw him to the ground.
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Embrace immigrants, Pope Francis urges Congress

September 24, 2015
 Associated Press
Standing before a rapt Congress, Pope Francis issued a ringing call to action on behalf of immigrants Thursday, urging lawmakers to embrace "the stranger in our midst" as he became the first pontiff in history to address a joint meeting at the U.S. Capitol.
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Life without parole affirmed by Indiana Supreme Court

September 24, 2015
Marilyn Odendahl
A Pike County man whose own expert witness raised doubts about his character failed to convince the Indiana Supreme Court he should at least be given the possibility of parole.
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Supreme Court affirms death sentence for Floyd County man

September 24, 2015
Marilyn Odendahl
Finding the trial court did not err or abuse its discretion during the selection of jurors for the murder trial of William Clyde Gibson II, the Indiana Supreme Court affirmed his death penalty sentence.
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Post-judgment petitions for attorney fees permissible, COA rules

September 24, 2015
Marilyn Odendahl
Even after a trial court has entered a judgment and the case is settled, the Indiana Court of Appeals has ruled parties can still make a new filing for attorney fees.
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Judges split 3 ways on motorist’s ambiguous response to DUI test

September 24, 2015
Dave Stafford
An apparently intoxicated motorist’s ambiguous reply to an officer’s request to perform a chemical test has resulted in a new, strict standard affirmed by only one of three judges who heard the driver’s appeal.
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Plaintiff loses appeal over judgment on student loan

September 24, 2015
Dave Stafford
The successor interest in a student loan after its originator filed bankruptcy is entitled to judgment in its favor to collect a delinquent student loan, the Indiana Court of Appeals ruled Thursday.
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Conour ‘American Greed’ episode airdate set

September 24, 2015
Dave Stafford
The true-crime documentary series “American Greed” next month will air an episode featuring convicted fraudster and former high-powered Indiana attorney William Conour.
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Juror’s Facebook link to victim’s family no cause for rape mistrial

September 24, 2015
Dave Stafford
A trial court properly denied a convicted rapist’s bid for a mistrial because a juror failed to disclose she was a Facebook friend with a relative of the victim, the Indiana Court of Appeals ruled Thursday.
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Zionsville and Whitestown argue borders before Supreme Court

September 23, 2015
Marilyn Odendahl
The battle between Zionsville and Whitestown came before the Indiana Supreme Court Wednesday as each town tried to lay claim to neighboring Perry Township.
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New advocacy group aims to prevent sexual assaults

September 23, 2015
 Associated Press
A new sexual assault prevention group has been formed roughly one year after a similar victims’ advocacy effort was found financially insolvent and disbanded.
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Father wrongly ordered to pay cost of private university

September 23, 2015
Dave Stafford
A trial court wrongly ordered a father to pay college costs for his daughter based on the cost of a private university, the Indiana Court of Appeals ruled Wednesday.
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Evidence of new crimes sufficient to revoke probation

September 23, 2015
Dave Stafford
A defendant’s admission that he was trespassing and a witness’s testimony that the defendant planned to steal tin from a Greene County resident’s property was sufficient to revoke the man’s probation, the Indiana Court of Appeals ruled Tuesday.
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Justices weigh state fair stage collapse case

September 23, 2015
 Associated Press, IL Staff
The Indiana Supreme Court is weighing arguments to decide if the state is liable for some of the damages faced by a rigging company in the 2011 state fair stage collapse that killed seven people.
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  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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