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COA reverses sentence imposed after failed drug program completion

November 23, 2015
Jennifer Nelson
A man who was ordered to serve 20 years – the maximum sentence for a Class B felony – after not completing a drug court program due to smoking Spice will be resentenced. The Indiana Court of Appeals found the trial court selected his sentence based on his failure to complete the program.
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Indiana county to allow Nativity scene with Bill of Rights

November 23, 2015
 Associated Press
A southeastern Indiana county that was at the center of a legal battle over a Nativity scene on its courthouse lawn will allow a mix of religious and secular displays this holiday season, including a manger holding the Bill of Rights.
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2 men charged with murder in killing of pastor's wife

November 23, 2015
 Associated Press
Two men were charged Monday with murder in the fatal shooting of a pastor's pregnant wife during an apparent break in of their Indianapolis home, court records show.
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Some Indiana cities worry about impact of proposed LGBT bill

November 23, 2015
 Associated Press
Officials in some Indiana cities with ordinances that provide protections for lesbian, gay, bisexual and transgender residents are worried that a bill lawmakers will consider in the 2016 session could undermine their local authority.
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‘Chic’ Born retiring after 45-year career

November 23, 2015
Marilyn Odendahl
Saying “it’s time,” Indianapolis attorney Samuel “Chic” Born is retiring from the practice of law at year's end.
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Vacancy opens up on St. Joseph County bench

November 20, 2015
IL Staff
St. Joseph Superior Judge Jerome Frese is retiring early next year, opening up a spot on the bench. The St. Joseph County Judicial Nominating Commission will hold interviews with candidates in late December.
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Ex-jewelry store operators lose tax appeal

November 20, 2015
Jennifer Nelson
The operators of a former jewelry store in central Indiana were unable to convince the Indiana Tax Court they are entitled to more than $160,000 in sales tax refunds.
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COA: Man’s threat to officers not intimidation

November 20, 2015
Jennifer Nelson
The Indiana Court of Appeals held Friday that a man who threatened to shoot officers dispatched to his home did not commit intimidation as defined by the statute.
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Oracle says judge's expert biased in $1B Google-Java case

November 20, 2015
 Bloomberg News
Oracle Corp. says it can’t get a fair shake from an economics professor serving as a damages expert in its billion-dollar court battle with Google over the Java platform.
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Obama lawyers ask Supreme Court to revive immigration plan

November 20, 2015
 Bloomberg News
President Barack Obama’s administration moved quickly to seek a U.S. Supreme Court hearing on his plan to shield as many as 5 million undocumented immigrants from deportation, setting up the prospect of a politically charged court battle next year.
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Allen County settles suit over length of detainments at jail

November 20, 2015
 Associated Press
Allen County leaders have approved a roughly $638,000 settlement of a class-action lawsuit claiming 962 people were detained too long in the county jail.
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Indiana man's murder trial in wife's death ends in hung jury

November 20, 2015
 Associated Press
A murder trial for a northwestern Indiana man accused of killing his wife has ended with a hung jury.
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Opaque military justice system shields child sex abuse cases

November 19, 2015
 Associated Press
More inmates are in U.S. military prisons for sex crimes against children than for any other offense, an Associated Press investigation has found, but an opaque justice system prevents the public from knowing the full scope of the crimes or how much time the prisoners spend behind bars.
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Lawyers: NFL concussion deal excludes central brain injury

November 19, 2015
 Associated Press
Lawyers appealing the NFL's $1 billion plan to address concussion-linked injuries in former players asked a court Thursday to reject the settlement because it excludes what they call the signature brain disease of football.
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State’s first certified alternate e-filing provider offers free trial

November 19, 2015
IL Staff
An Indiana-based e-filing company offering service enhancements is the first certified alternative provider for the state trial and appellate courts’ fledgling electronic filing program.
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HIP payments not negotiated; Stanley not applicable

November 19, 2015
Jennifer Nelson
Medical payments made by the Healthy Indiana Plan for a woman involved in a car accident to reimburse her medical providers in full satisfaction of hospital bills were properly excluded at trial, the Court of Appeals held Thursday. The trial court correctly ruled that those payments are barred by the collateral source statute and that Stanley v. Walker does not apply.
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Fogle sentenced to 15 years for pornography, sex crimes

November 19, 2015
 Associated Press,  Bloomberg News
A judge on Thursday sentenced former Subway pitchman Jared Fogle to 15 years and eight months in federal prison — even more than requested by prosecutors — for trading in child pornography and having sex with underage prostitutes.
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Percentage of African-American associates continues to decline

November 19, 2015
IL Staff
The percentage of African-American associates at law firms has declined each of the last six years, a trend NALP Executive Director James Leipold calls “distressing.”
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‘Dumping Ground’ juvenile justice documentary debuts tonight

November 19, 2015
IL Staff
A documentary following an Indiana teen with an IQ of 40 and others who were abandoned by their parents and ended up behind bars will debut on public television tonight.
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Legal experts urge caution as tribes enter pot business

November 19, 2015
 Associated Press
Tribes across the U.S. are finding marijuana is risky business nearly a year after a Justice Department policy indicated they could grow and sell pot under the same guidelines as states.
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Suspected killer cancels request to represent himself

November 19, 2015
 Associated Press
A northwest Indiana man charged with strangling two women has decided not to represent himself during his upcoming trial.
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Councilors question Carmel attorney's 2-week paid leave, then hefty raise

November 18, 2015
Lindsey Erdody, IBJ Staff
After going on paid administrative leave this fall, Carmel City Attorney Dough Haney received a 23 percent raise that will take effect in 2016.
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DNA collection bill filed in Legislature

November 18, 2015
Marilyn Odendahl
Once again, the Indiana General Assembly is being asked to expand law enforcement’s ability to collect DNA.
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Court orders man’s probation period reduced

November 18, 2015
Jennifer Nelson
The Indiana Court of Appeals found a man’s due process rights were violated because the state couldn’t prove he was advised of his constitutional rights at his probation revocation hearing. The appeals court ordered further proceedings on the matter, including reducing his period of probation to comply with statute.
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FSSA incorrectly imposed transfer penalty on Medicaid recipient

November 18, 2015
Jennifer Nelson
Based on evidence presented that a Medicaid recipient’s home sold for $75,000 – the fair market value – and proceeds went back to the irrevocable trust that held legal title of the home, the Family and Social Services Administration incorrectly imposed a transfer penalty against the woman after it found the fair market value was $91,900, the Court of Appeals ruled Wednesday.
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  1. Unlike the federal judge who refused to protect me, the Virginia State Bar gave me a hearing. After the hearing, the Virginia State Bar refused to discipline me. VSB said that attacking me with the court ADA coordinator had, " all the grace and charm of a drive-by shooting." One does wonder why the VSB was able to have a hearing and come to that conclusion, but the federal judge in Indiana slammed the door of the courthouse in my face.

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  3. I agree. My husband has almost the exact same situation. Age states and all.

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