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COA reverses sentence imposed after failed drug program completion

November 23, 2015
Jennifer Nelson
A man who was ordered to serve 20 years – the maximum sentence for a Class B felony – after not completing a drug court program due to smoking Spice will be resentenced. The Indiana Court of Appeals found the trial court selected his sentence based on his failure to complete the program.
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Indiana county to allow Nativity scene with Bill of Rights

November 23, 2015
 Associated Press
A southeastern Indiana county that was at the center of a legal battle over a Nativity scene on its courthouse lawn will allow a mix of religious and secular displays this holiday season, including a manger holding the Bill of Rights.
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2 men charged with murder in killing of pastor's wife

November 23, 2015
 Associated Press
Two men were charged Monday with murder in the fatal shooting of a pastor's pregnant wife during an apparent break in of their Indianapolis home, court records show.
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Some Indiana cities worry about impact of proposed LGBT bill

November 23, 2015
 Associated Press
Officials in some Indiana cities with ordinances that provide protections for lesbian, gay, bisexual and transgender residents are worried that a bill lawmakers will consider in the 2016 session could undermine their local authority.
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‘Chic’ Born retiring after 45-year career

November 23, 2015
Marilyn Odendahl
Saying “it’s time,” Indianapolis attorney Samuel “Chic” Born is retiring from the practice of law at year's end.
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Vacancy opens up on St. Joseph County bench

November 20, 2015
IL Staff
St. Joseph Superior Judge Jerome Frese is retiring early next year, opening up a spot on the bench. The St. Joseph County Judicial Nominating Commission will hold interviews with candidates in late December.
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Ex-jewelry store operators lose tax appeal

November 20, 2015
Jennifer Nelson
The operators of a former jewelry store in central Indiana were unable to convince the Indiana Tax Court they are entitled to more than $160,000 in sales tax refunds.
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COA: Man’s threat to officers not intimidation

November 20, 2015
Jennifer Nelson
The Indiana Court of Appeals held Friday that a man who threatened to shoot officers dispatched to his home did not commit intimidation as defined by the statute.
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Oracle says judge's expert biased in $1B Google-Java case

November 20, 2015
 Bloomberg News
Oracle Corp. says it can’t get a fair shake from an economics professor serving as a damages expert in its billion-dollar court battle with Google over the Java platform.
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Obama lawyers ask Supreme Court to revive immigration plan

November 20, 2015
 Bloomberg News
President Barack Obama’s administration moved quickly to seek a U.S. Supreme Court hearing on his plan to shield as many as 5 million undocumented immigrants from deportation, setting up the prospect of a politically charged court battle next year.
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Allen County settles suit over length of detainments at jail

November 20, 2015
 Associated Press
Allen County leaders have approved a roughly $638,000 settlement of a class-action lawsuit claiming 962 people were detained too long in the county jail.
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Indiana man's murder trial in wife's death ends in hung jury

November 20, 2015
 Associated Press
A murder trial for a northwestern Indiana man accused of killing his wife has ended with a hung jury.
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Opaque military justice system shields child sex abuse cases

November 19, 2015
 Associated Press
More inmates are in U.S. military prisons for sex crimes against children than for any other offense, an Associated Press investigation has found, but an opaque justice system prevents the public from knowing the full scope of the crimes or how much time the prisoners spend behind bars.
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Lawyers: NFL concussion deal excludes central brain injury

November 19, 2015
 Associated Press
Lawyers appealing the NFL's $1 billion plan to address concussion-linked injuries in former players asked a court Thursday to reject the settlement because it excludes what they call the signature brain disease of football.
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State’s first certified alternate e-filing provider offers free trial

November 19, 2015
IL Staff
An Indiana-based e-filing company offering service enhancements is the first certified alternative provider for the state trial and appellate courts’ fledgling electronic filing program.
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HIP payments not negotiated; Stanley not applicable

November 19, 2015
Jennifer Nelson
Medical payments made by the Healthy Indiana Plan for a woman involved in a car accident to reimburse her medical providers in full satisfaction of hospital bills were properly excluded at trial, the Court of Appeals held Thursday. The trial court correctly ruled that those payments are barred by the collateral source statute and that Stanley v. Walker does not apply.
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Fogle sentenced to 15 years for pornography, sex crimes

November 19, 2015
 Associated Press,  Bloomberg News
A judge on Thursday sentenced former Subway pitchman Jared Fogle to 15 years and eight months in federal prison — even more than requested by prosecutors — for trading in child pornography and having sex with underage prostitutes.
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Percentage of African-American associates continues to decline

November 19, 2015
IL Staff
The percentage of African-American associates at law firms has declined each of the last six years, a trend NALP Executive Director James Leipold calls “distressing.”
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‘Dumping Ground’ juvenile justice documentary debuts tonight

November 19, 2015
IL Staff
A documentary following an Indiana teen with an IQ of 40 and others who were abandoned by their parents and ended up behind bars will debut on public television tonight.
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Legal experts urge caution as tribes enter pot business

November 19, 2015
 Associated Press
Tribes across the U.S. are finding marijuana is risky business nearly a year after a Justice Department policy indicated they could grow and sell pot under the same guidelines as states.
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Suspected killer cancels request to represent himself

November 19, 2015
 Associated Press
A northwest Indiana man charged with strangling two women has decided not to represent himself during his upcoming trial.
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Councilors question Carmel attorney's 2-week paid leave, then hefty raise

November 18, 2015
Lindsey Erdody, IBJ Staff
After going on paid administrative leave this fall, Carmel City Attorney Dough Haney received a 23 percent raise that will take effect in 2016.
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DNA collection bill filed in Legislature

November 18, 2015
Marilyn Odendahl
Once again, the Indiana General Assembly is being asked to expand law enforcement’s ability to collect DNA.
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Court orders man’s probation period reduced

November 18, 2015
Jennifer Nelson
The Indiana Court of Appeals found a man’s due process rights were violated because the state couldn’t prove he was advised of his constitutional rights at his probation revocation hearing. The appeals court ordered further proceedings on the matter, including reducing his period of probation to comply with statute.
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FSSA incorrectly imposed transfer penalty on Medicaid recipient

November 18, 2015
Jennifer Nelson
Based on evidence presented that a Medicaid recipient’s home sold for $75,000 – the fair market value – and proceeds went back to the irrevocable trust that held legal title of the home, the Family and Social Services Administration incorrectly imposed a transfer penalty against the woman after it found the fair market value was $91,900, the Court of Appeals ruled Wednesday.
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  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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