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7th Circuit orders new resentencing hearing

December 21, 2015
Jennifer Nelson
A man who appealed the parts of his Section 2255 proceeding that were denied, as well as his new criminal judgment entered on rehearing, will be getting a new sentencing hearing, the 7th Circuit Court of Appeals determined Monday.
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COA: Breath test properly admitted

December 21, 2015
Jennifer Nelson
A man convicted of drunken-driving failed to convince the Indiana Court of Appeals that the state did not prove that the chemicals used in his breath test equipment were certified under Indiana administrative rules.
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Judge believes restitution order properly entered

December 21, 2015
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues Monday in a case in which the majority reversed the court-ordered $3,600 in restitution for a coin sale that turned out to be fraudulent. The dissenting judge also raised public policy concerns about requiring victims to appear at sentencing hearings.
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South Bend attorney leaves behind strong legacy

December 21, 2015
Marilyn Odendahl
Attorney James Brotherson, who built a career counseling many of the largest manufacturers and suppliers in the recreational vehicle industry in northern Indiana, died Dec. 18. He was 63.
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Court rules in favor of Columbia Sportswear in income tax dispute

December 21, 2015
Jennifer Nelson
The Indiana Tax Court ruled Friday that the Indiana Department of State Revenue’s adjustments to Columbia Sportwear’s net income for tax years 2005-2007 were not proper and granted summary judgment in favor of the clothing company.
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Gary teens ask city to ban saggy pants

December 21, 2015
 Associated Press
Wearing pants low enough to expose underwear could soon be against the law in Gary, Indiana.
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Battle looms over restriction on cold medicine used for meth

December 21, 2015
 Associated Press
Indiana lawmakers have yet to gather for the 2016 legislative session, but already the multibillion-dollar pharmaceutical industry has clashed with influential law enforcement organizations over a proposed law that would require a prescription to buy a common cold medicine also used to make methamphetamine.
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Fired paramedic with diabetes settles discrimination case

December 21, 2015
 Associated Press
A former fire department paramedic has settled a civil rights claim for $725,000 after being fired because of two health episodes related to diabetes, her attorneys announced Saturday.
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Justices to hear arguments over Indy OTB smoking

December 18, 2015
Dave Stafford
The Indiana Supreme Court has scheduled arguments next month that could determine whether an Indianapolis off-track betting parlor may continue to allow smoking that’s otherwise banned in Marion County bars, restaurants and public places.
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Apple CEO Tim Cook keeps support for unbreakable encryption

December 18, 2015
 Bloomberg News
Apple Inc. Chief Executive Officer Tim Cook repeated his strong support for unbreakable encryption technology, despite criticism from global law enforcement agencies that believe the digital tools impede criminal and terrorism investigations.
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7th Circuit divided over injunction in defamation case

December 18, 2015
Jennifer Nelson
The 7th Circuit Court of Appeals Friday found an injunction issued in a case involving religious artifacts and defamation claims was entirely too broad and threatened to silence the defendants completely. But the judges were split over whether the district court should be able to modify the injunction.
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Bankruptcy court seeks comment on expanding mediation procedure

December 18, 2015
IL Staff
The U.S. Bankruptcy Court for the Southern District of Indiana is seeking comment on its proposed expansion of a mortgage loss mitigation mediation program currently used in the New Albany division.
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Attorney admission fees increasing in Southern District

December 18, 2015
IL Staff
Beginning Jan. 1, the attorney admission to practice fee and the pro hac vice motion fee will increase in the U.S. District Court for the Southern District of Indiana.
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Parties settle latest dispute over Franklin County courthouse nativity

December 18, 2015
IL Staff
A lawsuit filed on behalf of the national nonprofit Freedom From Religion Foundation and the Satanic Temple challenging a nativity scene on the Franklin County courthouse has been settled. This is the second lawsuit filed in less than a year over the religious display.
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Ex-Subway pitchman Fogle moved to federal prison in Colorado

December 18, 2015
 Associated Press
Former Subway pitchman Jared Fogle has been moved to a low-security federal prison in Colorado where his attorneys had sought to have him serve out his more than 15-year sentence.
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Shkreli’s lawyer accused of templating sham retrophin share deal

December 18, 2015
 Bloomberg News
A handcuffed Evan Greebel walked out of the FBI’s New York headquarters a few steps ahead of ex-Retrophin Inc. CEO Martin Shkreli, but prosecutors say the men were side- by-side when it came to a multimillion dollar fraud at the company’s expense.
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Uber barred from pushing new contract on drivers in pay suit

December 18, 2015
 Bloomberg News
Uber Technologies Inc. was barred from imposing a new contract on drivers who are suing the company to be treated like employees after a federal judge said the reworded agreement is confusing.
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Obama’s ‘no fly, no buy’ policy would test limits of gun rights

December 18, 2015
 Bloomberg News
President Barack Obama is trying to put Republicans on defense in the U.S. debate over gun rights with a call to ban people on the government’s no-fly list from buying firearms. The trouble is his proposal may be unconstitutional.
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Fishers High School takes We the People crown

December 18, 2015
Marilyn Odendahl
Fishers High School was crowned the champion in the Indiana We the People High School competition and will represent the state at the national competition in April 2016. In the middle school competition, Brown County Junior High School in Nashville took first place for the sixth consecutive year.
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Monarch Beverage again fails in liquor distribution suit

December 17, 2015
Marilyn Odendahl
Monarch Beverage Company’s arguments that Indiana alcohol wholesale laws are discriminatory fell flat at the Indiana Court of Appeals, marking the second time this week that attempts to overturn the state’s statutes regarding booze failed.
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Indiana may consider regulating daily fantasy sports sites

December 17, 2015
 Associated Press
Indiana lawmakers are considering the possibility of regulating daily fantasy sports sites.
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Reversal: Expungement petitioner entitled to hearing when prosecutor objects

December 17, 2015
Dave Stafford
A trial court erred in denying a man’s expungement petition on a Class B felony conviction of aiding robbery because the statute requires a hearing when a prosecutor objects, the Indiana Court of Appeals ruled Thursday.
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Judge limits police expert testimony in excessive force case

December 17, 2015
Dave Stafford
A defense expert may not testify whether he believes a Richmond police officer used excessive force when he punched an unruly man in the face three or four times while the man was handcuffed to a hospital gurney.
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Retired AM General CEO wins Supreme Court pay dispute

December 17, 2015
Dave Stafford
The former president and CEO of South Bend-based AM General LLC was due the full benefit of a long-term incentive plan in cash when he retired, the Indiana Supreme Court ruled Wednesday.
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Trial postponed in IU student's slaying

December 17, 2015
 Associated Press
The murder trial for a man accused of killing a 22-year-old Indiana University student has been postponed until June.
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  1. 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.

  2. 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".

  3. 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.

  4. Been on social security sense sept 2011 2massive strokes open heart surgery and serious ovarian cancer and a blood clot in my lung all in 14 months. Got a letter in may saying that i didn't qualify and it was in form like i just applied ,called social security she said it don't make sense and you are still geting a check in june and i did ,now i get a check from my part D asking for payment for july because there will be no money for my membership, call my prescription coverage part D and confirmed no check will be there.went to social security they didn't want to answer whats going on just said i should of never been on it .no one knows where this letter came from was California im in virginia and been here sense my strokes and vcu filed for my disability i was in the hospital when they did it .It's like it was a error . My ,mothers social security was being handled in that office in California my sister was dealing with it and it had my social security number because she died last year and this letter came out of the same office and it came at the same time i got the letter for my mother benefits for death and they had the same date of being typed just one was on the mail Saturday and one on Monday. . I think it's a mistake and it should been fixed instead there just getting rid of me .i never got a formal letter saying when i was being tsken off.

  5. Employers should not have racially discriminating mind set. It has huge impact on the society what the big players do or don't do in the industry. Background check is conducted just to verify whether information provided by the prospective employee is correct or not. It doesn't have any direct combination with the rejection of the employees. If there is rejection, there should be something effective and full-proof things on the table that may keep the company or the people associated with it in jeopardy.

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