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COA: Couple proved adverse possession of land along fence

June 28, 2016
Jennifer Nelson
In a dispute between neighbors over a property line, the Indiana Court of Appeals agreed with the trial court that a Johnson County couple satisfied the elements needed to be successful in their adverse possession and quiet title counterclaim.
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Judges reinstate woman’s legal malpractice claim

June 28, 2016
Jennifer Nelson
The Indiana Court of Appeals reversed the dismissal of a woman’s complaint against her attorney, finding the trial court improperly dismissed it pursuant to Indiana Trial Rule 12(B)(6).
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COA: Testimony would have restricted jury’s ability to decide

June 28, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a man’s conviction of voluntary manslaughter after it found the trial court did not err in restricting the testimony of an expert witness for the defense.
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COA: CVRA damages are distinct from punitive damages

June 28, 2016
Scott Roberts
The Indiana Court of Appeals affirmed a damages award pursuant to the Crime Victim Relief Act after the court found in its second hearing of a case that CVRA damages are distinct from common law punitive damages.
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Justices affirm consecutive LWOP sentences

June 28, 2016
Jennifer Nelson
The Indiana Supreme Court until Tuesday had never directly addressed the issue of whether two sentences of life imprisonment without parole can be imposed consecutively under Indiana law. Justices decided today that I.C. 35-50-1-2(c) permits it.
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Supreme Court extends Charlie White’s suspension

June 28, 2016
Dave Stafford
Former Indiana Secretary of State Charlie White may never be allowed to practice law again, the Indiana Supreme Court suggested Tuesday in extending his suspension another two years without automatic reinstatement.
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Justices take dispute over deaf driver education in Texas

June 28, 2016
 Associated Press
The Supreme Court of the United States is taking up a dispute involving deaf people in Texas who say driver instruction schools in the state won't let them take classes needed to get a driver's license.
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Supreme Court rejects pharmacists' religious rights appeal

June 28, 2016
 Associated Press
The U.S. Supreme Court on Tuesday declined to hear an appeal from Washington state pharmacists who said they have religious objections to dispensing Plan B or other emergency contraceptives.
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Town council member sentenced to probation

June 28, 2016
 Associated Press
A member of an eastern Indiana town’s council has been sentenced to probation after pleading guilty to misdemeanor disorderly conduct stemming from a domestic disturbance.
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Pit bull owner sentenced to jail for mauling of 2 women

June 28, 2016
 Associated Press
A northern Indiana man has been sentenced to four years in jail after his pit bulls mauled two women during a walk.
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IndyCar case dismissed for lack of jurisdiction

June 28, 2016
Scott Roberts
The 7th Circuit Court of Appeals found a lack of subject matter jurisdiction in a case where one IndyCar team accused another of conspiring to steal its sponsor. The court found an amended complaint took the case out of federal court and remanded for dismissal.
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COA: Tenant does not have obligation to indemnify landlord

June 27, 2016
Scott Roberts
The Indiana Court of Appeals ruled a tenant did not have to indemnify a landlord against a woman’s personal injury claims after she filed suit against both of them.
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Suit aims to block Delta Bible distribution, graduation prayer

June 27, 2016
Dave Stafford
A federal lawsuit filed Friday in Indianapolis aims to block future prayers at Delta High School graduation ceremonies as well as distribution of Bibles to graduating seniors at a mandatory pre-graduation luncheon.
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COA reverses grant of woman’s unemployment benefits

June 27, 2016
Scott Roberts
The Indiana Court of Appeals reversed unemployment benefits awarded to a woman after it found she did have notice her job was in jeopardy despite various notes thanking her for her help in office matters she received from her employer.
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Indiana Supreme Court grants transfer to 4 cases

June 27, 2016
IL Staff
The Indiana Supreme Court granted transfer to four cases last week, including a decision that divided the Court of Appeals as to whether to provide a defendant a video copy of his controlled drug buy.
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Court upholds reach of US gun ban for domestic violence

June 27, 2016
 Associated Press
The U.S. Supreme Court is upholding the broad reach of a federal law that bans people convicted of domestic violence from owning guns.
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High court tosses former Virginia governor's conviction

June 27, 2016
 Associated Press
A unanimous Supreme Court has overturned the corruption conviction of former Virginia Gov. Bob McDonnell in a ruling that makes it harder to prosecute elected officials accused of bribery.
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Supreme Court strikes down Texas abortion clinic regulations

June 27, 2016
 Associated Press, IL Staff
The U.S. Supreme Court has struck down Texas’ widely replicated regulation of abortion clinics in the court’s biggest abortion case in nearly a quarter century.
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Indianapolis police create behavioral health units

June 27, 2016
 Associated Press
The Indianapolis Metropolitan Police Department has created behavioral health units pairing specially trained officers with mental health experts to find people in crisis and divert them to appropriate programs and services.
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7th Circuit tosses would-be revolutionary's suit against Indiana bar

June 24, 2016
Scott Roberts
A man who challenged an Indiana Board of Law Examiners rule prohibiting a person “who advocates the overthrow of the government of the United States or this state by force, violence or other unconstitutional or illegal means” lost Friday in the 7th Circuit of Appeals.
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Gregg wants review of vaping law; Senate leaders already taking look

June 24, 2016
Hayleigh Colombo, Indianapolis Business Journal
Democratic gubernatorial candidate John Gregg said, if elected, he would seek to change new laws governing the e-cigarette liquid industry, which some vaping retailers and manufacturers have called monopolistic and corrupt.
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Maryland public defender arrested for DUI, assault on cop

June 24, 2016
 Associated Press
A public defender in Annapolis, Maryland has been charged with driving under the influence of alcohol and kneeing an arresting officer in the groin.
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Anderson man pleads guilty in clerk's office bomb threat

June 24, 2016
 Associated Press
A 34-year-old Anderson man has pleaded guilty to charges that he phoned in a bomb threat to the Madison County Clerk's office last month.
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Vendor, Department of Revenue win partial victories on sales tax case

June 24, 2016
Scott Roberts
The Indiana Department of Revenue and a company that sold food through vending machines and its cafeteria both were victorious in Indiana Tax Court Thursday on the issue of whether all of the company’s vending machine sales and cafeteria sales are subject to sales tax and negligence penalties.
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Pence praises US Supreme Court immigration ruling

June 24, 2016
 Associated Press
Indiana Gov. Mike Pence praised a ruling by the U.S. Supreme Court striking down President Barack Obama's executive order on immigration.
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  1. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

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  3. 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.

  4. 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.

  5. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.

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