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Zoeller: Indiana to get $6.3 million in drug-maker settlement

July 3, 2012
Dave Stafford
Indiana will receive more than $6.3 million as part of a national Medicaid fraud settlement with drug-maker GlaxoSmithKline, Attorney General Greg Zoeller said in a statement Monday.
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PNC entitled to summary judgment under res judicata

July 3, 2012
Kelly Lucas
The Indiana Court of Appeals affirmed the ruling of the Marion Superior Court that granted summary judgment in favor of the defense in Wells Fargo Bank, N.A., f/k/a Wachovia Commercial Mortgage Inc. v. PNC Bank, N.A. f/k/a National City Bank of Indiana, 49A02-1111-PL-1004.
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Supreme Court grants more time to e-file some abstracts of judgment

July 3, 2012
Dave Stafford
Courts will have until the end of this year to file abstracts of judgment of felony convictions for people not sentenced to the Department of Correction, according to an order issued June 28 by the Indiana Supreme Court.
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Trial in absentia did not violate due process

July 3, 2012
Kelly Lucas
The due process rights of a man charged with two counts of Class C felony non-support of a dependent child were not violated when he was tried in absentia and without trial counsel, the Indiana Court of Appeals ruled.
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Legal nullity sends zoning decision back to BZA

July 3, 2012
Kelly Lucas
The Indiana Court of Appeals ruled that a matter brought by the owners of a cottage on Lake Gage in Steuben County be remanded to the Steuben County Board of Zoning Appeals because the BZA’s decision granting the homeowners a development standards variance with a void condition was a legal nullity.
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Supreme Court grants transfer in 2 cases

July 2, 2012
IL Staff
The Indiana Supreme Court will hear two cases presented for consideration last week, and justices denied transfer for 20 other cases.
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7th Circuit receives 52 applications for bankruptcy judgeships

July 2, 2012
IL Staff
The Judicial Council of the 7th Circuit Court of Appeals received 52 applications from people interested in filling two upcoming bankruptcy court vacancies on the U.S. District Court for the Southern District of Indiana. The court previously announced that Judges Anthony Metz III and Frank J. Otte will retire this year.
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Conour resigns from Indiana bar

July 2, 2012
IL Staff
William Conour, the Indianapolis attorney accused of taking $2.5 million from clients, has resigned from the Indiana bar.
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Supreme Court emancipation, support ruling draws sharp dissent

July 2, 2012
Dave Stafford
A 3-2 Indiana Supreme Court decision in a case involving a child’s emancipation and a father’s contribution toward her education resulted in a tough dissent from two veteran justices.
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22 seek Sullivan's spot on Supreme Court

June 29, 2012
IL Staff
The Indiana Judicial Nominating Commission received 22 applications from attorneys and judges interested in becoming the state’s next Supreme Court justice.
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Attorney’s home searched after his shooting in state park

June 29, 2012
Dave Stafford
Indiana conservation officers investigating a Spencer attorney’s shooting this week at a southern Indiana state park also have searched his home as part of the investigation.
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Justices divided over man’s conviction of criminal trespass

June 29, 2012
Jennifer Nelson
The state failed to prove an essential element of criminal trespass, according to one Indiana justice, so he dissented from his colleagues’ decision to uphold a man’s conviction stemming from his refusal to leave his bank.

 
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Court upholds judgment in favor of Cedar Lake

June 29, 2012
Jennifer Nelson
A fired employee’s claim that he had a constitutionally protected interest in his job with the Town of Cedar Lake and that he was entitled to due process before being fired failed on appeal.
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Court fee changes begin July 1

June 29, 2012
IL Staff
The cost to file a case in some courts will increase by $1 or $2 beginning July 1. The fee increases include a fee created to address deficiencies in pro bono funds.
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Carmel police officer discharged for just cause

June 29, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the finding by an administrative law judge and a review board that a city of Carmel police officer was fired, but not for just cause.
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COA: mentally handicapped parents not immune from termination proceedings

June 29, 2012
Jennifer Nelson
The Indiana Court of Appeals declined to grant a mother’s request to carve out an exception in involuntary termination of parental rights cases for parents who are mentally handicapped. The Tippecanoe County mother claimed her children shouldn’t be removed from her care because of her mental faculties.
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Judges deny bail for man charged with killing 2 children

June 29, 2012
Jennifer Nelson
The Evansville man accused of setting fire to a home he shared with his girlfriend and her two children – which killed the children – and then fleeing will remain in jail awaiting his August trial, the Indiana Court of Appeals held.
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7th Circuit tosses IU dorm-search lawsuit

June 29, 2012
Dave Stafford
An Indiana University student’s federal lawsuit seeking a preliminary injunction to prevent his one-year suspension was dismissed Friday by the 7th Circuit Court of Appeals.
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US Supreme Court rules on Stolen Valor Act case

June 28, 2012
Jennifer Nelson
While the health care decision was the ruling most people were waiting to hear, the justices also issued decisions in two other cases Thursday. The nation’s highest court found the Stolen Valor Act is unconstitutional.
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7th Circuit affirms summary judgment for employer in FMLA suit

June 28, 2012
Dave Stafford
An employer was within its rights to terminate an employee who attempted to take off work under the Family and Medical Leave Act but then sought no treatment, the 7th Circuit Court of Appeals ruled Thursday.
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High court ruling opens Medicaid escape hatch for states

June 28, 2012
J.K. Wall
While upholding President Barack Obama’s health care law, the U.S. Supreme Court on Thursday also opened an escape hatch for states that do not want to take on the project of expanding their Medicaid programs.
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Unreliable evidence weighing reduces Elkhart meth dealing conviction

June 28, 2012
Dave Stafford
Elkhart County prosecutors and state witnesses used dubious methods to weigh methamphetamine during a trial, the Indiana Court of Appeals ruled Monday. The court reversed a man’s Class A felony conviction and ordered the court to resentence him on a lesser charge.
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U.S. justices rule on challenges to health care law

June 28, 2012
IL Staff
The U.S. Supreme Court released its highly anticipated decision on the challenges brought by states and other organizations to the Affordable Care Act.
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7th Circuit dismisses case for mootness

June 27, 2012
Jennifer Nelson
The appeal of an eviction initiated by the Housing Authority of South Bend was dismissed by the 7th Circuit Court of Appeals because the woman and her son have already been evicted.
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Appellate courts may consider credit time status

June 27, 2012
Jennifer Nelson
Indiana appellate courts can take into account the potential consequences of an offender’s status as a credit restricted felon when reviewing a sentence, the state Supreme Court ruled Tuesday.
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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