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Eli Lilly wins first trial over antidepressant ‘brain zaps’

August 10, 2015
 Bloomberg News
Eli Lilly and Co. isn’t liable for withdrawal symptoms including so-called brain zaps experienced by a woman after she quit the antidepressant Cymbalta, a federal jury said.
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Judge cuts amount diocese must pay ex-teacher to $403,608

August 10, 2015
 Associated Press
A federal judge in Fort Wayne has reduced to $403,608 the amount a Roman Catholic diocese must pay a former northern Indiana teacher who was fired after undergoing fertilization treatment.
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Feds detail why they want Armstrong medical records

August 10, 2015
 Associated Press
The federal government says it wants Lance Armstrong’s medical records from his 1996 cancer treatments because they could prove just how far he was willing to go to conceal performance-enhancing drug use from the public and his sponsors.
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7th Circuit rejects Indiana appeal of EPA ruling

August 10, 2015
Dave Stafford
Indiana had standing to appeal EPA approval of a change in how Illinois monitors for auto emissions, but the state failed to show the Environmental Protection Agency’s decision was arbitrary and capricious, the 7th Circuit Court of Appeals ruled Friday.
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Letter to victim’s mother supports lesser misdemeanor charge

August 7, 2015
Marilyn Odendahl
A defendant’s rambling letter to a victim’s mother was not enough to uphold his convictions for attempted obstruction of justice and invasion of privacy, but it was sufficient to support a lesser charge.
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Pawnshop owner not victim of prosecutorial misconduct

August 7, 2015
Marilyn Odendahl
A prosecutor’s comments to a witness about what would have been helpful did not shift the burden of producing evidence onto the defendant, the Indiana Court of Appeals has ruled.
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Indiana county's courthouse tower tree gets checkup

August 7, 2015
 Associated Press
Checking on the health of a tree growing from the courthouse clock tower in southeastern Indiana's Decatur County was among the reasons crews dangled from a crane to inspect the 154-year-old building in Greensburg this week.
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Sex offender wins right to view legal adult porn

August 7, 2015
Dave Stafford
A man convicted for obscene webcam conduct shared with someone posing as a 13-year-old girl nearly a decade ago may view legal pornography, the 7th Circuit Court of Appeals ruled in a three-way opinion Thursday.
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Guilty plea stands despite ineligibility for habitual charge

August 7, 2015
Marilyn Odendahl
Although a man was wrongly charged as a habitual substance offender, the Indiana Court of Appeals determined the facts do not support his claim that his counsel was ineffective and he did not knowingly enter a guilty plea.
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Indiana medical company sued over data breach

August 7, 2015
 Associated Press
Two lawsuits have been filed in federal court in Fort Wayne seeking class-action status on behalf of patients who have had their data compromised by Medical Informatics Engineering.
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Reversal: VORP cannot be ordered in sentence

August 7, 2015
Dave Stafford
The Indiana Court of Appeals ruled Friday that offenders may not be ordered to participate in the Victim-Offender Reconciliation Program, reversing a sentence and remanding to the trial court for a restitution hearing.
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Hamilton Southeastern Utilities gets partial Tax Court win

August 7, 2015
Dave Stafford
The sewer utility serving fast-growing Fishers won a partial victory on its appeal of a tax on connection fees, but the Indiana Tax Court didn’t fully rule in favor of Hamilton Southeastern Utilities.
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Interim committees schedule hearings on hot-button issues

August 6, 2015
Marilyn Odendahl
Indiana legislators are preparing to examine a proposal that would permit the collection of DNA samples from anyone arrested for a felony in the state.
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Attorney to seek resentencing in Indiana teen's sex case

August 6, 2015
 Associated Press
An Indiana 19-year-old is seeking a new sentence after being ordered to register as a sex offender in two states and refrain from having a computer or smartphone, or living in a place with Internet access, because he had consensual sex with a 14-year-old Michigan girl he met online who said she was 17.
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Jail conditions ordered eased for Indy blast convict

August 6, 2015
 Associated Press
A judge in South Bend has ordered a northern Indiana jail to ease conditions for an Indianapolis man awaiting sentencing on charges stemming from a deadly house explosion.
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Federal court properly denied bid to withdraw money-laundering plea

August 6, 2015
Dave Stafford
An Indiana federal District Court judge properly denied a woman’s motion to withdraw her money-laundering plea, the 7th Circuit Court of Appeals ruled Wednesday.
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Failure to read contract no protection against liability

August 6, 2015
Marilyn Odendahl
A coal mine superintendent failed to convince the Indiana Court of Appeals that he should not be held liable because he did not understand the contract he signed.
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Long wait for cold beer decision not unusual

August 5, 2015
Marilyn Odendahl
Waiting nearly eight months for a cold beer would likely send thirsty Hoosiers across state lines for refreshment. But waiting this long for the 7th Circuit Court of Appeals to decide whether Indiana’s alcohol laws are constitutional is no reason to switch to liquor.
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Petition: Jail mistreats Indianapolis house blast convict

August 5, 2015
 Associated Press
Attorneys for an Indianapolis man awaiting sentencing on charges stemming from a deadly house explosion allege he's being mistreated in a South Bend jail.
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St. Joe County to pay $270K for not holding prompt hearings

August 5, 2015
 Associated Press
St. Joseph County in northern Indiana has agreed to pay $270,000 to settle a federal class-action lawsuit that accuses the county of failing to provide those arrested with probable cause hearings within 48 hours, the South Bend Tribune reported.
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Government demands Lance Armstrong's records from IU

August 5, 2015
 Associated Press
The federal government wants to see Lance Armstrong's medical records from his treatments for cancer.
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Strip club must face suit of pedestrian hit by drunk waitress

August 5, 2015
Dave Stafford
A pedestrian severely injured when he was struck by a strip club waitress driving home from work may proceed with a civil lawsuit against the Indianapolis club that furnished her free alcohol, the Indiana Court of Appeals affirmed Wednesday.
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Historic documents provide glimpse of law school in the 1890s

August 5, 2015
Marilyn Odendahl
Anyone wanting to learn more about legal education from yesteryear can visit the IUPUI eArchives website where academic catalogues, commencement programs and other historical documents are now available online.
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Judge seats accused Best Chairs trademark infringer in Indiana

August 5, 2015
Dave Stafford
Online merchants who have sold more than $6 million worth of chairs with names that allegedly infringe on a longtime Indiana manufacturer’s trademarks will have to answer the claims in federal court in Evansville, a judge ruled Tuesday.
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Estate battle remanded to trial court to determine timeliness

August 4, 2015
Marilyn Odendahl
An heir was successful in asserting he had a claim to his father’s estate but has more work to convince the courts he filed his claim in a timely manner.
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  1. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  2. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  3. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

  4. OK so I'll make this as short as I can. I got a call that my daughter was smoking in the bathroom only her and one other girl was questioned mind you four others left before them anyways they proceeded to interrogate my daughter about smoking and all this time I nor my parents got a phone call,they proceeded to go through her belongings and also pretty much striped searched my daughter including from what my mother said they looked at her Brest without my consent. I am furious also a couple months ago my son hurt his foot and I was never called and it got worse during the day but the way some of the teachers have been treating my kids they are not comfortable going to them because they feel like they are mean or don't care. This is unacceptable in my mind i should be able to send my kids to school without worry but now I worry how the adults there are treating them. I have a lot more but I wanted to know do I have any attempt at a lawsuit because like I said there is more that's just some of what my kids are going through. Please respond. Sincerely concerned single parent

  5. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

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