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Prosecutor faces ethics sanction for book deal in Camm case

August 24, 2016
Dave Stafford
Floyd County Prosecutor Keith Henderson should be reprimanded by the Indiana Supreme Court for a book deal on a high-profile murder case against former Indiana State Trooper David Camm, recommends a hearing officer in Henderson’s discipline case. The hearing officer blasted the conduct of lawyers on both sides of the ethics matter.
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ABA takes stronger stance on harassment, discrimination

August 24, 2016
Marilyn Odendahl
While the new model rule addresses bias and prejudice, Indiana’s conduct rule is much stricter.
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Jones/Schocke: What to do about peeping drones

August 24, 2016
The FAA does not appear to be taking a stance on privacy any time soon as they have remarked that the question of privacy should be determined under state law. So where do our state laws stand on privacy issues?
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Workplace harassment endures, evolves

August 24, 2016
Dave Stafford
Despite decades of on-the-job training for workers and numerous high-profile lawsuits, harassment by managers and co-workers persists. Though the number of sexual harassment claims has declined in recent years, companies still get hit with thousands of lawsuits alleging harassment of some kind each year.
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7th Circuit opinion highlights confusion over LGBT discrimination protection

August 24, 2016
Marilyn Odendahl
Within the first nine pages of its opinion, the 7th Circuit Court of Appeals affirmed a district court’s ruling that sexual orientation is not protected by Title VII of the 1964 Civil Rights Act. And there, the panel could have ended its discussion. But the court spotlighted the growing confusion in the courts of when, exactly, sexual orientation crosses the line into gender nonconformity.
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DeVoe/Escoffery: Acquiring UI accounts in asset purchase deals

August 24, 2016
Although the seller’s Indiana unemployment insurance account may not be the focus of an asset purchase transaction, it is important for the buyer and seller to consider the subject before closing on the purchase.
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Hanson/Eckhart: Class wage-and-hour litigation is an ongoing threat

August 24, 2016
Employers face countless labor and employment challenges every day. Wage-and-hour compliance issues are near the top of that list because employers have experienced an increase in the number of class- and collective-action lawsuits filed against them.
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Hammerle on... 'Indignation,' 'Sausage Party,' 'Bad Moms'

August 24, 2016
Robert Hammerle
Bob Hammerle says "Indignation" should be knocking on the door when Oscar nominations are announced next year.
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Lilly, partner lose court fight over testosterone treatment

August 23, 2016
John Russell, IBJ Staff
Eli Lilly and Co. and its partner cannot stop competitors from selling generic versions of testosterone treatment Axiron, a federal judge in Indianapolis has ruled.
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Judge rules in favor of scorned e-liquid manufacturer in vaping case

August 23, 2016
Hayleigh Colombo, IBJ Staff
Opponents of Indiana’s controversial vaping law scored a victory Friday when a federal judge ruled in favor of a Florida e-liquid manufacturer that argued the law was unconstitutional.
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No appeal in Indiana woman's overturned feticide conviction

August 23, 2016
 Associated Press
The attorney for an Indiana woman whose feticide conviction for a self-induced abortion was overturned said Tuesday he's pleased the state's attorney general decided not to appeal that ruling and hopes she's freed soon from prison.
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Justices: Refusal to submit to chemical test depends on circumstances of each case

August 23, 2016
Jennifer Nelson
The Indiana Supreme Court declined to go as far as one Court of Appeals judge did in declaring that “anything short of an unqualified, unequivocal assent to a properly offered chemical test constitutes a refusal.” In affirming the administrative suspension of a woman’s driver’s license, the justices concluded that whether someone refuses to submit to a chemical test depends on the circumstances of each case.
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Promise to pay for broken nose breathes life into estoppel claim

August 23, 2016
Marilyn Odendahl
A young woman who suffered a broken nose trying to help law enforcement can have her estoppel claim move forward even though she did not file a timely notice under the Indiana Tort Claims Act.
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Prisoner’s 2241 petition again fails in 7th Circuit

August 23, 2016
Marilyn Odendahl
A federal prisoner trying to challenge his sentence has again tripped over procedure and lost his second appeal before the 7th Circuit Court of Appeals.
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DOC, trial court errors lead to reversal of parole revocation

August 23, 2016
Dave Stafford
A longtime criminal who was convicted of violating his parole on an attempted robbery sentence was deprived a hearing on a corrected record and therefore is entitled to post-conviction relief, the Indiana Court of Appeals ruled Tuesday.
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COA advice: Leave affirmation out of jury instructions

August 23, 2016
Dave Stafford
A man’s convictions of battery and disorderly conduct will stand, but the Indiana Court of Appeals cautioned trial courts that including law enforcement affirmations in jury instructions should not, calling the practice “undesirable and completely avoidable.”
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Feds: Charleston church shooting suspect 'self-radicalized'

August 23, 2016
 Associated Press
A white man charged with the shooting deaths of nine black churchgoers in Charleston "self-radicalized" in the months before the attack and grew more entrenched in his beliefs in white supremacy, according to court papers prosecutors filed this week in federal court.
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Ex-Fox News host sues Roger Ailes, others

August 23, 2016
 Associated Press
Former Fox News host Andrea Tantaros has charged in a lawsuit she was sexually harassed by former network chief Roger Ailes and other top executives.
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AG: 2,800 Hoosier borrowers eligible for HSBC payments

August 23, 2016
 Associated Press
Attorney General Greg Zoeller  said about 2,800 Indiana borrowers should watch for mailed notices this month that will tell them how to claim reimbursements from mortgage lender and servicer HSBC.
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Was painting by famed living artist? US judge to decide

August 23, 2016
 Associated Press
A federal judge in Chicago is set to issue a verdict in a peculiar civil trial over a celebrated Scottish-born artist's insistence that he did not paint a landscape work that was once valued at more than $10 million.
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FBI probing for possible corruption in vaping law

August 23, 2016
Hayleigh Colombo, IBJ Staff
The FBI is probing whether any illegal activity led to the creation and passage of Indiana’s contentious new vaping law.
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Split COA reverses sex conviction on ‘Romeo and Juliet’ grounds

August 22, 2016
The majority of a Court of Appeals panel reversed the conviction of a young man who claimed he was wrongly denied an opportunity to present Indiana’s “Romeo and Juliet” law as an affirmative defense to a charge of sexual misconduct with a minor.
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City owes man legal fees for ‘meritless, possibly frivolous’ case

August 22, 2016
Dave Stafford
The Indianapolis Metropolitan Police Department and the city’s Office of Corporation Counsel pursued a ‘wholly meritless, possibly frivolous argument’ in a public-records case, the Court of Appeals ruled Monday. The city will pay the legal fees of a man who sued to obtain records after he was denied.
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Angie's List agrees to settle class-action suit for $1.4 million

August 22, 2016
Jared Council, IBJ Staff
Angie's List Inc. has agreed to pay $1.4 million to settle a class-action lawsuit claiming it manipulated search results and ratings to favor advertisers—claims that the home-services company denies.
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Appeals panel overturns man’s trespass conviction

August 22, 2016
Dave Stafford
An Indianapolis man who had lived with his father with the consent of the senior apartment complex where he resided should not have been convicted of trespass after he was ordered to leave, the Indiana Court of Appeals ruled in overturning a bench trial verdict.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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