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COA affirms dismissal of PCR petition

February 24, 2017
Jennifer Nelson
A man challenging his guilty plea on the basis of ineffective assistance of counsel did not present any evidence to support his allegations, so the Indiana Court of Appeals affirmed summary disposition of his petition for post-conviction relief.
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Acupuncture clinic fails to prove point before COA

February 24, 2017
Jennifer Nelson
An employee at an Indiana acupuncture and yoga facility who was repeated screamed at by the owner had good cause for quitting and is thus entitled to unemployment benefits, the Indiana Court of Appeals affirmed Friday.
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Judges divided on retrial for voluntary manslaughter

February 24, 2017
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals reversed a man’s conviction of voluntary manslaughter, which the state chose to charge him with after he shot and killed his brother-in-law in what he claimed was self-defense.
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Toddler’s testimony supports adjudication as a delinquent

February 24, 2017
Marilyn Odendahl
Despite the three-year-old’s questionable testimony at a hearing, the Court of Appeals affirmed her stepbrother’s adjudication as a delinquent child because she never wavered when recounting the molestation.
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COA affirms sentence for man who violated drug court rules

February 24, 2017
Marilyn Odendahl
A man who repeatedly violated the rules and regulations of a drug court program failed to convince the Indiana Court of Appeals his ensuing advisory nine-year sentence was inappropriate.
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Judges reverse resisting law enforcement conviction

February 24, 2017
Olivia Covington
The Indiana Court of Appeals has overturned a man’s resisting law enforcement conviction after finding that the police officer’s actions justified the man’s resistance.
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COA affirms denial of motion to suppress traffic stop evidence

February 24, 2017
Olivia Covington
A Lawrence County woman cannot appeal the trial court’s denial of her motion to suppress drug evidence obtained during a traffic stop because the officers who stopped her had a reasonable suspicion to do so.
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COA reverses judgment in favor of law firm in legal malpractice case

February 24, 2017
Olivia Covington
A legal malpractice case against a northern Indiana law firm will proceed after the Indiana Court of Appeals held Friday that there was a genuine issue of material fact as to whether the litigant’s original negligence claim would have succeeded but for the firm’s negligence.
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COA orders return of bond balance

February 24, 2017
Olivia Covington
The Indiana Court of Appeals has reversed a Fayette Circuit Court decision to hold the balance of a man’s bond in trust after finding that Indiana law prohibits courts from holding bonds in trust for public defender fees not yet incurred.
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COA rules aggravating factors support consecutive sentences

February 24, 2017
Marilyn Odendahl
A man who tried multiple times to get his sentence overturn was unsuccessful when the Indiana Court of Appeals found the precedent he was relying on was materially different from his situation.
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Supreme Court could decide transgender case. Or not.

February 24, 2017
 Associated Press
Both the transgender teen who sued to use a boys' bathroom and the Virginia school board that won't let him still want the U.S. Supreme Court to issue a definitive ruling in their ongoing dispute, even after the Trump administration retreated from an Obama-era policy on bathroom use.
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Justice Ginsburg praises media and the role of free press

February 24, 2017
 Associated Press
Supreme Court Justice Ruth Bader Ginsburg is praising the media at a time when the Trump administration has accused reporters of being dishonest and delivering "fake news."<
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4 charged in death of 9-year-old boy with cerebral palsy

February 24, 2017
 Associated Press
A judge entered not guilty pleas Thursday on behalf of four people charged with neglect in the death of a malnourished 9-year-old western Indiana boy with cerebral palsy.
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Senate OKs legislative employees bringing guns to work

February 24, 2017
 Associated Press
Legislative employees could join lawmakers in carrying handguns in the Indiana Statehouse under a measure advanced by the Senate.
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Attorneys of man accused of eating girlfriend say he's not competent for trial

February 24, 2017
 Associated Press
Attorneys for a southern Indiana man accused of killing his former girlfriend and eating parts of her body in 2014 say he's not competent to stand trial.
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ACLU, others speak out against Trump’s repeal of transgender bathroom directives

February 24, 2017
Olivia Covington
The American Civil Liberties Union of Indiana and other civil rights advocacy groups are speaking out against the Trump administration’s decision to rescind federal guidelines protecting transgender students in school restrooms, calling the move dangerous and irresponsible.
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Justices question meaning of EBITDA in HHGregg manager bonus case

February 23, 2017
Olivia Covington
After a key member of HHGregg’s leadership team died in 2012, his $40 million life insurance policy was paid out to the company and brought that year’s total earnings to $143.5 million. Now, senior managers on the HHGregg team say they should receive bonuses based on the total 2012 earnings, claiming that the life insurance policy propelled the company to an earnings level that warranted extra compensation for their work.
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Trump's immigration crackdown likely to bring lawsuit flood

February 23, 2017
 Bloomberg News
President Donald Trump’s plan to round up and deport millions of undocumented immigrants is likely to trigger waves of lawsuits that may soon dwarf the legal fight over the administration’s temporary ban on travelers from seven Muslim majority countries.
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Supreme Court hears Spirited Sales liquor wholesaling case

February 23, 2017
Olivia Covington
The fate of Spirited Sales LLC’s liquor wholesaling license is in the hands of the Indiana Supreme Court as the justices consider whether allowing the company to keep its permit would enable its parent company, Monarch Beverage Co., to gain an unlawful monopoly in the alcohol wholesaling business.
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Republican mass protest bill softened in committee

February 23, 2017
 Associated Press
A bill calling for Indiana authorities to use "any means necessary" to keep roadways clear during a protest was softened in a Senate committee.
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Administration lifts transgender student bathroom guidance

February 23, 2017
 Associated Press
The Trump administration on Wednesday ended federal protection for transgender students that allowed them to use public school bathrooms and locker rooms matching their gender identities.
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High court ruling limits international reach of patent laws

February 23, 2017
 Associated Press
The Supreme Court of the United States on Wednesday sided with California-based Life Technologies Corp. in a patent infringement case that limits the international reach of U.S. patent laws.
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Justices side with Michigan girl in dispute over service dog

February 23, 2017
 Associated Press
The Supreme Court of the United States on Wednesday sided with a 13-year-old Michigan girl with cerebral palsy who spent years battling school officials for the right to bring her service dog — a goldendoodle named Wonder — to class.
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Indiana Senate panel advances restrictive abortion bill

February 23, 2017
 Associated Press
An Indiana abortion bill meant to strengthen parental rights would require notifying parents when a daughter under the age of 18 pursues legal action to obtain an abortion without their consent.
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New vaping bill moves to full Senate

February 22, 2017
Olivia Covington
Less than a month after the 7th Circuit Court of Appeals affirmed a district court decision striking down the most controversial portions of Indiana’s vaping law, a new e-liquids bill designed to fall into compliance with federal regulations is moving through the General Assembly.
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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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