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Indiana man gets 27 months in international spam case

February 2, 2016
 Associated Press
An Indiana man who helped send millions of illegal spam messages to U.S. and international cellphones and computers has been sentenced to 27 months in federal prison by a federal judge in Pennsylvania.
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Tax Court upholds land reclassification over assessor’s objection

February 1, 2016
Jennifer Nelson
The Indiana Tax Court affirmed a final determination by the state Board of Tax Review to reclassify nearly 3 acres of property from excess residential to agricultural, finding enough evidence to support the decision.
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Doctors’ affidavits cannot defeat summary judgment

February 1, 2016
Jennifer Nelson
The affidavits submitted as evidence by the treating physicians being sued for medical malpractice were factually inadequate and did not raise a genuine issue of material fact regarding their care of the plaintiff, the Indiana Court of Appeals held Monday.
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Bacardi protests renewal of Cuba's rum trademark in the US

February 1, 2016
 Associated Press
Bacardi wants to know more about a recent U.S. government decision allowing Cuba to sell its Havana Club rum in America when the U.S. trade embargo ends.
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Feds seek prison for Indiana man in international spam case

February 1, 2016
 Associated Press
Federal prosecutors in Pittsburgh want an Indiana man sent to prison for helping send millions of illegal spam messages to U.S. and international cellphones and computers.
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Indiana lawmakers face deadline to keep bills alive

February 1, 2016
 Associated Press
Indiana lawmakers have days to decide whether to keep certain contentious bills alive during this legislative session, including one that would extend civil rights protections to gays and lesbians, but not transgender people, one that would use a tax increase to fund road improvements and one that would further restrict the sale of cold medicines used to make methamphetamine.
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Indiana Judges Association launches website

February 1, 2016
IL Staff
The Indiana Judges Association is now online. The organization has created a website with information for judicial officers and the public.
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Cardiologist wins $1.58M wrongful firing judgment

February 1, 2016
Dave Stafford
An Indianapolis jury recently awarded a cardiologist fired from St. Vincent Medical Group $1.58 million after a two-week trial on his allegations of wrongful termination, breach of contract, tortious interference and other claims.
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Brief: Pence discriminating against Syrian refugees, posing security risk

February 1, 2016
Dave Stafford
Indiana Gov. Mike Pence is unlawfully discriminating against Syrian refugees based on their national origin, argues a reply brief in a federal lawsuit that also includes statements from bipartisan national security experts who say his bid to suspend their resettlement is contrary to national security interests.
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COA declines to extend civil ruling to PCR case

January 29, 2016
Jennifer Nelson
The Indiana Court of Appeals rejected an inmate’s request that In re Adoption of O.R. provides him an option for filing a belated notice of appeal.
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Dog sniff during traffic stop did not violate Constitution

January 29, 2016
Marilyn Odendahl
The time it took for the police pup to arrive and sniff around a vehicle did not unreasonably prolong the traffic stop in violation a driver’s Constitutional rights, the Indiana Court of Appeals has ruled.
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Court split on whether defendant’s actions were proximate cause of injury

January 29, 2016
Jennifer Nelson
A divided Indiana Court of Appeals ordered a man’s Level 6 felony resisting law enforcement conviction reduced to a misdemeanor because of a lack of evidence his actions were the proximate cause of the police officer’s injury during a foot chase.
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Attorney general sues ex-Gary employee over fraud scheme

January 29, 2016
IL Staff
Indiana Attorney General Greg Zoeller has filed a lawsuit in Lake County against a former city of Gary employee who he says used her former position in the information technology department to defraud the city of nearly $1.4 million.
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Appeals court reduces woman’s restitution order

January 29, 2016
Jennifer Nelson
The Indiana Court of Appeals reduced a woman’s restitution owed to her ex-employer for money she stole over the course of a three-year period. The judges found no connection between additional missing funds and the defendant.
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COA dismisses credit card debt appeal

January 29, 2016
Jennifer Nelson
The Indiana Court of Appeals dismissed a woman’s appeal of a default judgment entered against her regarding credit card debt because she did not file an Ind. Trial Rule 60(B) motion for relief.
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Senate leader says gay rights bill to be called for a vote

January 29, 2016
 Associated Press
A bill that would extend civil rights protections to lesbian, gay and bisexual — but not transgender — people will be voted on by the Indiana Senate next week, even if it goes down in defeat.
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Lebanon police arrest man in 26-year-old attempted rape case

January 29, 2016
 Associated Press
The Lebanon Police Department has arrested a man in a 26-year-old attempted rape case after a state lab was able to link him to the crime.
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State Fair invoices do not retroactively indemnify company in stage collapse

January 28, 2016
Jennifer Nelson
The terms on invoices from the company contracted to provide equipment for concerts at the State Fair do not imply retroactive indemnification for the company after the 2011 stage collapse, the Indiana Supreme Court held Thursday in a matter of first impression.
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7th Circuit finds cop’s sentence ‘light,’ orders resentencing

January 28, 2016
Jennifer Nelson
A Putnam County police officer convicted of purposefully seriously injuring two people while arresting them will be resentenced after the 7th Circuit Court of Appeals found his 14-month sentence to be “light” in comparison to similar cases.
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Indiana panel OKs allowing prescriptions for cold medicines

January 28, 2016
 Associated Press
Pharmacists are one step closer to gaining the authority to require a prescription for certain cold medicines as the Indiana House explores proposals to undermine methamphetamine cooks.
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IU McKinney teams with regional campuses for law scholars program

January 28, 2016
IL Staff
Indiana University Robert H. McKinney School of Law has entered into an agreement with all five of IU’s regional campuses to create the Indiana University Regional Law Scholars program, the school announced Wednesday.
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Gary man out of prison after 24 years, convictions vacated

January 28, 2016
 Associated Press
A 47-year-old Gary man has been released after spending 24 years in prison for robbery and murder convictions that were overturned on appeal.
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Supreme Court applicants’ info online; interviews set

January 28, 2016
IL Staff
Indiana state courts Thursday released the applications of the 30 lawyers and judges who want to be the next justice on the Indiana Supreme Court as well as the interview times of the applicants.
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Gay-rights bill that leaves out transgender protections advances

January 28, 2016
Hayleigh Colombo, IBJ Staff
A Senate committee on Wednesday narrowly advanced a bill that would extend civil rights protections to gay and lesbian Hoosiers but punt the issue of transgender discrimination to a summer study committee, as well as offer religious exemptions for clergy and other groups.
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Settlement restricts placing some mentally ill prisoners in solitary confinement

January 27, 2016
IL Staff
The American Civil Liberties Union of Indiana and the Indiana Protection and Advocacy Services announced Wednesday the terms of a settlement with the Department of Correction over the treatment of seriously mentally ill prisoners in state correctional facilities.
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  1. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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