Latest News

EPA loses on power-plant emissions rule

June 29, 2015
 Bloomberg News, IL Staff
The Obama administration didn’t adequately consider the billions of dollars in costs before issuing a rule designed to cut hazardous emissions from 460 coal-fired power plants, the Supreme Court of the United States ruled.
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Legislative and judicial history settles feud over estate

June 29, 2015
Marilyn Odendahl
Sisters arguing over the family estate failed to provide the court with “clear and convincing evidence” that their father’s intentions were different from his actions.
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Justices uphold Arizona’s system for redistricting

June 29, 2015
 Associated Press, IL Staff
The Supreme Court of the United States on Monday upheld Arizona congressional districts drawn by an independent commission and rejected a constitutional challenge from Republican lawmakers.
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Indiana House hires attorneys to defend public records suit

June 29, 2015
 Associated Press
The Indiana House of Representatives has hired two outside attorneys, who bill an average of nearly $400 an hour, to defend itself from a lawsuit filed over its refusal to provide correspondence over a solar power bill under the state's public records law.
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Tim Durham fails to convince judge to reduce 50-year sentence

June 29, 2015
Scott Olson
Convicted Ponzi scheme leader Tim Durham failed Friday afternoon in his bid to get his 50-year prison sentence reduced.
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Man’s sentence affirmed despite misapplication of law

June 29, 2015
Dave Stafford
A misapplication of Indiana law in setting a 10-year cap in a plea agreement for a man who admitted to multiple counts of child neglect and criminal confinement doesn’t require reversal, a divided Indiana Supreme Court held Monday.
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In case of conflicting evidence, high court defers to jury verdict

June 29, 2015
Marilyn Odendahl
A Pike County man challenging the jury’s finding that he was not insane or mentally ill did not meet what the Indiana Supreme Court acknowledged was a “heavy burden” to overturn the guilty verdict.
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Justices affirm burglary conviction COA tossed out for perjury

June 29, 2015
Dave Stafford
The Indiana Supreme Court on Friday affirmed a trial court burglary conviction that a Court of Appeals panel vacated on the basis that the prosecution used perjured testimony.
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Justices uphold use of drug implicated in botched executions

June 29, 2015
 Associated Press
The Supreme Court of the United States has upheld the use of a controversial drug that has been implicated in several troubled executions.
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Justices allow new hearings in North Carolina capital cases

June 29, 2015
 Associated Press
The Supreme Court of the United States has left in place lower court rulings ordering hearings over jurors in two North Carolina death penalty trials who reached beyond the jury room for biblical references to help their deliberations.
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Supreme Court will re-hear Texas affirmative action

June 29, 2015
 Associated Press
The Supreme Court of the United States will dive back into the fight over the use of race in admissions at the University of Texas, a decision that presages tighter limits on affirmative action in higher education.
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Judgment reserving funds for mechanic’s lien reversed

June 26, 2015
Dave Stafford
A trial court judgment that a mortgage company reserve money to satisfy a mechanic’s lien was reversed by the Indiana Court of Appeals on Friday.
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Warsaw poker game operator’s conviction flushed

June 26, 2015
Dave Stafford
The operator of a fundraising poker game at a Warsaw veterans lodge won an appeal of his contracting conviction Friday at the Indiana Court of Appeals.
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Display celebrates Tinder’s career

June 26, 2015
IL Staff
In honor of 7th Circuit Court of Appeals Judge John Daniel Tinder’s retirement, a display has been installed in the main hall of the first floor of the Birch Bayh Federal Building and United States Courthouse in Indianapolis.
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Man deported after living in US since age 1 gets relief

June 26, 2015
Dave Stafford
An Indiana man who was ordered deported after pleading guilty to federal marijuana charges will be allowed to return to the country, the 7th Circuit Court of Appeals ruled Friday.
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Appeals panel reverses expungement denial

June 26, 2015
Dave Stafford
A trial court that rejected an expungement petition because the petitioner had not been arrested on an underage drinking charge got it wrong, the Indiana Court of Appeals ruled Friday.
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Comment sought on possible child support guideline changes

June 26, 2015
IL Staff
The Indiana Supreme Court is considering altering the child support guidelines, which provide a measure for determining the amount of child support each parents owes.
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Minkler takes over as U.S. attorney in Southern District

June 26, 2015
IL Staff
Josh Minkler was sworn in as U.S. attorney for the Southern District of Indiana on Thursday by Southern District Chief Judge Richard L. Young.
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Supreme Court extends same-sex marriage nationwide

June 26, 2015
 Associated Press
The Supreme Court of the United States has declared that same-sex couples have a right to marry anywhere in the United States. The decision was 5-4.
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Woman’s comments to police considered political speech, COA rules

June 25, 2015
Jennifer Nelson
The Indiana Court of Appeals overturned a woman's misdemeanor disorderly conduct conviction, which was based on her comments to police that she was pulled over because she was black, finding the comments were political in nature.
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Judges deny sentence modifications, but for different reasons

June 25, 2015
Jennifer Nelson
A panel on the Indiana Court of Appeals concluded Thursday that neither of two men who petitioned in late 2013 to have their 1997 sentences modified are entitled to a modification, but the judges' reasoning for the denials differed.
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7th Circuit rules against Anderson mayor in suit following firings

June 25, 2015
Jennifer Nelson
Anderson Mayor Kevin Smith lost his appeal of the finding that he is not entitled to qualified immunity regarding all of the fired government workers involved in a lawsuit alleging their discharges violated the First Amendment.
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7th Circuit rejects claim conviction is outside statute of limitations

June 25, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals disagreed with a defendant who claimed the federal DNA tolling statute is unconstitutional as applied to him. The man was convicted in 2013 of attempting to rob an Anderson bank in 2003, thanks to a positive identification in 2010 using DNA collected at the crime scene.
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Judge rejects mistrial in Indianapolis house explosion case

June 25, 2015
 Associated Press
An Indiana judge has denied a mistrial in the case of a man accused of rigging a deadly Indianapolis house explosion. The defendant's attorneys raised concerns about miscalculations by a witness.
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Gibson County sued over jail inmate’s death

June 25, 2015
Dave Stafford
The estate of an inmate who died in the Gibson County Jail last year has sued the county in federal court.
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  1. Ah ha, so the architect of the ISC Commission to advance racial preferences and gender warfare, a commission that has no place at the inn for any suffering religious discrimination, see details http://www.theindianalawyer.com/nominees-selected-for-us-attorney-in-indiana/PARAMS/article/44263 ..... this grand architect of that institutionalized 14th amendment violation just cannot bring himself to utter the word religious discrimination, now can he: "Shepard noted two questions rise immediately from the decision. The first is how will trial courts handle allegations of racism during jury deliberations? The second is does this exception apply only to race? Shepard believes the exception to Rule 606 could also be applied to sexual orientation and gender." Thus barks the Shepard: "Race, gender, sexual orientation". But not religion, oh no, not that. YET CONSIDER ... http://www.pewforum.org/topics/restrictions-on-religion/ Of course the old dog's inability to see this post modern phenomena, but to instead myopically focus on the sexual orientation issues, again betrays one of his pet protects, see here http://www.in.gov/judiciary/admin/files/fair-pubs-summit-agenda.pdf Does such preference also reveal the mind of an anti-religious bigot? There can be no doubt that those on the front lines of the orientation battle often believe religion their enemy. That certainly could explain why the ISC kicked me in the face and down the proverbial crevice when I documented religious discrimination in its antechambers in 2009 .... years before the current turnover began that ended with a whole new court (hallelujah!) in 2017. Details on the kick to my face here http://www.wnd.com/2011/08/329933/ Friends and countrymen, harbor no doubt about it .... anti-religious bias is strong with this old dog, it is. One can only wonder what Hoosier WW2 hero and great jurist Justice Alfred Pivarnik would have made of all of this? Take this comment home for us, Gary Welsh (RIP): http://advanceindiana.blogspot.com/2005/05/sex-lies-and-supreme-court-justices.html

  2. my sister hit a horse that ran in the highway the horse belonged to an amish man she is now in a nurseing home for life. The family the horse belonged to has paid some but more needs to be paid she also has kids still at home...can we sue in the state f Indiana

  3. Or does the study merely wish they fade away? “It just hasn’t risen substantially in decades,” Joan Williams, director of the Center for WorkLife Law at the University of California Hastings College of the Law told Law360. “What we should be looking for is progress, and that’s not what we’re seeing.” PROGRESS = less white males in leadership. Thus the heading and honest questions here ....

  4. One need not wonder why we are importing sex slaves into North America. Perhaps these hapless victims of human trafficking were being imported for a book of play with the Royal Order of Jesters? https://medium.com/@HeapingHelping/who-are-the-royal-order-of-jesters-55ffe6f6acea Indianapolis hosts these major pervs in a big way .... https://www.facebook.com/pages/The-Royal-Order-of-Jesters-National-Office/163360597025389 I wonder what affect they exert on Hoosier politics? And its judiciary? A very interesting program on their history and preferences here: https://www.youtube.com/watch?v=VtgBdUtw26c

  5. Joseph Buser, Montgomery County Chief Prosecutor, has been involved in both representing the State of Indiana as Prosecutor while filing as Representing Attorney on behalf of himself and the State of Indiana in Civil Proceedings for seized cash and merchandise using a Verified Complaint For Forfeiture of Motor Vehicle, Us Currency And Reimbursement Of Costs, as is evident in Montgomery County Circuit Court Case Number 54C01-1401-MI-000018, CCS below, seen before Judge Harry Siamas, and filed on 01/13/2014. Sheriff Mark Castille is also named. All three defendants named by summons have prior convictions under Mr. Buser, which as the Indiana Supreme Court, in the opinion of The Matter of Mark R. McKinney, No. 18S00-0905-DI-220, stated that McKinney created a conflict of interest by simultaneously prosecuting drug offender cases while pocketing assets seized from defendants in those cases. All moneys that come from forfeitures MUST go to the COMMON SCHOOL FUND.

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