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Charleston church shooting suspect wants federal case dismissed

July 6, 2016
 Associated Press
Dylann Roof's defense team is challenging the constitutionality of the federal hate crimes law, a legal longshot they say they'll drop if prosecutors agree not to pursue the death penalty in the killings of nine people inside a South Carolina church.
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Hearing for wannabe Islamic State fighter moved again

July 6, 2016
 Associated Press
An 18-year-old Indiana man accused of trying to travel overseas to join the Islamic State militant group has had his detention hearing moved for a second time.
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New law's impact cited as Indiana county seeks bigger jail

July 6, 2016
 Associated Press
The sheriff of Indiana's fourth-most populous county is seeking a nearly $12 million jail expansion, citing a new state law that's funneling more inmates into county jails.
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Unlicensed social worker must answer accused molester’s questions

July 6, 2016
Jennifer Nelson
The Indiana Court of Appeals ruled Wednesday that an unlicensed social worker who provided services to the victim of a man accused of molestation is not protected under the counselor/client privilege in I.C. 25-23.6-6.1. As a result, the woman must answer four questions her attorney previously advised her not to answer.
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Law firm mergers on pace for potential record year

July 6, 2016
IL Staff
It’s shaping up to be another record year for law firm mergers and acquisitions.
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Personalized medicine gets boost from court ruling on patents

July 6, 2016
 Bloomberg News
The business of diagnostic treatments and personalized medicine got a boost Tuesday after an appeals court made it harder to invalidate certain patents by claiming they simply cover laws of nature.
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Wells Fargo’s partial tax victory may spur billions in refunds

July 6, 2016
 Bloomberg News
Wells Fargo & Co. got less than it wanted in a federal tax-refund lawsuit, yet the bank’s partial victory may spur billions of dollars in similar refund claims from companies that have done repeated mergers and acquisitions, tax lawyers say.
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Indiana Supreme Court takes dispute between ESPN and Notre Dame

July 5, 2016
IL Staff
The Indiana Supreme Court will decide whether the police records of University of Notre Dame Police Department are subject to the state’s Access to Public Records Act. The justices accepted transfer to the dispute between ESPN and Notre Dame last week.
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Rockville inmates to be on 'Women in Prison' TV show

July 5, 2016
 Associated Press
Female inmates at the Rockville Correctional Facility will be featured in a television documentary series premiering this week on the Investigation Discovery network.
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Delays mount at State Department for Clinton records

July 5, 2016
 Associated Press
Just five months before the presidential election, the State Department is under fire in courtrooms over its delays in turning over government files related to Hillary Clinton's tenure as secretary of state.
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COA affirms excess damages award in med-mal case

July 5, 2016
Jennifer Nelson
Based on the evidence before it, a trial court correctly awarded a man $300,000 in excess damages from the Indiana Patient’s Compensation Fund after an Indianapolis hospital missed the signs he was having a stroke, the Indiana Court of Appeals held Tuesday.
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Former day care worker to appeal child porn sentence

July 5, 2016
 Associated Press
A 22-year-old Indiana man is appealing his conviction and prison sentence in a case alleging he took explicit photographs of a 4-year-old girl at a day care where he worked.
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Lawyer loses appeals over Indy skyline photo

July 5, 2016
Dave Stafford
An Indianapolis lawyer who defendants call a copyright troll lost his appeals against three people who successfully defended against his suits over use of one of his photos.
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Justices remove Dreyer from State v. IBM case

July 5, 2016
Dave Stafford
The Indiana Supreme Court on Tuesday removed the judge who has presided for six years over the litigation between the state and IBM over the failed $1.3 billion welfare-modernization contract.
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FBI says it won't recommend charges in Clinton email matter

July 5, 2016
 Associated Press
The FBI won't recommend criminal charges against Hillary Clinton for her use of a private email server while secretary of state, agency Director James Comey said Tuesday, lifting a major legal threat to her presidential campaign.
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Builder, trade groups sue Greenwood over new design standards

July 5, 2016
IBJ Staff
An Indianapolis-based home builder and two trade associations have filed a lawsuit against Greenwood, claiming the city has adopted architectural standards on new houses that will drive up prices so significantly that the costs would preclude home ownership for thousands of residents.
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Robber’s use of debit card is forgery, COA affirms

July 1, 2016
Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s claim that he couldn’t be convicted of forgery under Indiana law because using his robbery victims’ ATM cards did not qualify as “uttering a written instrument.”
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COA reverses lifetime sex offender registration, upholds ban from school property

July 1, 2016
Jennifer Nelson
The Indiana Court of Appeals agreed with a man challenging his lifetime registration as a sex offender that the law as applied to him violates the Indiana Constitution’s prohibition against ex post facto laws. But he lost a similar challenge to the unlawful-entry statute that prohibits him from entering school property.
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Stricken Indiana abortion law ‘unprecedented,’ opponents say

July 1, 2016
Dave Stafford
Indiana’s strict anti-abortion legislation that Gov. Mike Pence signed this year was “unprecedented” in scope and in its rejection of long-established federal law, said opponents who succeeded in blocking the law from taking effect.
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Judge grants e-liquid maker temporary restraining order in vaping case

July 1, 2016
Hayleigh Colombo, IBJ Staff
One scorned e-liquid manufacturer will get a short reprieve from Indiana’s new vaping laws, which effectively shut many players out of the market when the laws took effect Friday.
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Court: Deputies may face personal liability in false-arrest case

July 1, 2016
Dave Stafford
Two Kosciusko County sheriff’s deputies may face personal liability stemming from a wrongful arrest and false imprisonment case, a federal judge has ruled.
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Judge frees man held 3 years after molesting acquittals

July 1, 2016
 Associated Press
A Portage man held without bond for three years has been acquitted of four counts of child molesting and ordered immediately released from jail.
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Cinemark attorneys want victims to pay $700K in legal fees

July 1, 2016
 Associated Press
Attorneys for Cinemark want victims of a 2012 shooting at a Colorado movie theater to pay nearly $700,000 in legal fees after they unsuccessfully sued the theater chain.
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Appeals court nixes $7.25B credit card swipe fee settlement

July 1, 2016
 Associated Press
A $7.25 billion settlement between merchants and Visa Inc. and MasterCard Inc. over credit card transaction fees was rejected Thursday by a federal appeals court, a ruling praised by a retail trade association as a victory for consumers.
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Whitley County judge bound for Guantanamo

July 1, 2016
IL Staff
Whitley Superior Judge Douglas M. Fahl soon will be far from his courtroom in Columbia City. A major in the Indiana National Guard Judge Advocate General Corps, Fahl has been called to active duty and will be heading for a judicial post at Guantanamo Bay, Cuba.
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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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