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Anderson Speedway attorney argues against track death lawsuit

May 15, 2015
 Associated Press
Anderson Speedway's attorney has asked a judge to grant summary judgment in a lawsuit accusing the track's owners of negligence in a driver's death in a 2011 crash.
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Lawmakers eye changes at troubled Bureau of Motor Vehicles

May 15, 2015
 Associated Press
Indiana lawmakers say they're looking for more changes at the state Bureau of Motor Vehicles after an independent audit found numerous troubles and that the agency might have overcharged motorists more than the $60 million previously disclosed.
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Divided Supreme Court declines to take med mal case

May 15, 2015
Jennifer Nelson
The Indiana Supreme Court by a vote of 3-2 decided this week to not take the case of a man who sued for medical malpractice those who treated his now-deceased wife. The lower court and Court of Appeals found no existence of a physician-patient relationship between the on-call hospital specialist and the wife, the issue that caused two justices to dissent.
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AG’s office creates victim services division

May 14, 2015
IL Staff
The Office of the Indiana Attorney General has created the Victim Services and Outreach Division to focus resources on victims of human trafficking, domestic violence, sexual assault, and other vulnerable victims, the office announced Thursday.
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Justices adopt ‘any insurance’ approach in subrogation dispute

May 14, 2015
Jennifer Nelson
Deciding an issue of first impression stemming from a fire that heavily damaged the Jefferson County courthouse in 2009, the Indiana Supreme Court on Wednesday decided Indiana should follow the "any insurance" approach in deciding when property owners waive subrogation rights in certain cases. In doing so, the justices rejected the "work versus non-work" approach that the Court of Appeals has used.
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COA vacancy interviews delayed to June

May 14, 2015
IL Staff
The Indiana Judicial Nominating Commission will not be interviewing the eight applicants for a Court of Appeals vacancy next week, as originally announced. The interviews will now take place sometime in June.
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Boston bombing jury has question hours into deliberations

May 14, 2015
 Associated Press
Jurors considering the fate of Boston Marathon bomber Dzhokhar Tsarnaev asked a complicated question Thursday on the first full day of deliberations.
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Senate under pressure after House votes to end NSA program

May 14, 2015
 Associated Press
After the House of Representatives' lopsided bipartisan vote to end the National Security Agency's bulk collection of Americans' phone records, the Senate is under considerable pressure to pass a similar measure. If it doesn't, lawmakers risk letting the authority to collect the records expire June 1, along with other important counterterrorism provisions.
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Tribe chairman says new Indiana law violates US law

May 14, 2015
 Associated Press
The chairman for the Pokagon Band of Potawatomi Indians who are seeking to build a casino in South Bend said Wednesday a new law approved by the General Assembly prevents Gov. Mike Pence from negotiating in good faith with the tribe on a compact, voiding the need for such an agreement.
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Supreme Court suspends Vanderburgh County attorney for 240 days

May 13, 2015
Jennifer Nelson
A southern Indiana attorney has been suspended for violating several professional conduct and discipline rules after he failed to adequately manage his trust account and neglected a client’s case, among other actions constituting misconduct.
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Mother’s battery on teen not protected by parental privilege

May 13, 2015
Jennifer Nelson
The Indiana Court of Appeals on Wednesday upheld a mother’s misdemeanor battery conviction for hitting her daughter nearly 20 times with a belt after previous discipline did not stop the teen from communicating with boys on social media.
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Teen’s rights not violated by search of sweatshirt

May 13, 2015
Jennifer Nelson
A Marion County teen’s constitutional rights were not violated when a police officer responding to a report of a teen in a black hooded sweatshirt with a gun opened a similar sweatshirt next to the teen and found a gun, the Indiana Court of Appeals held Wednesday.
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Justices order hearing on whether to temporarily admit out-of-state lawyers

May 13, 2015
Jennifer Nelson
A Lake County court erred when it relied on a local rule to determine that five out-of-state attorneys should not be granted pro hac vice admission because the party seeking their admission could potentially hire capable Indiana attorneys to provide the franchise law work, the Indiana Supreme Court ruled Tuesday.
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Tax Court: Assessor did not comport with notice requirements for back taxes

May 13, 2015
Jennifer Nelson
Although the Grant County assessor was authorized to assess two subject properties under I.C. 6-1.1-9-1, which allows for retroactive assessment, the assessor did not give the taxpayer sufficient notice of certain assessments, the Indiana Tax Court ruled Tuesday.
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Man not entitled to separate molestation trials, justices hold

May 13, 2015
Jennifer Nelson
The Indiana Supreme Court on Tuesday rejected a man's argument that he was entitled to three separate trials on the allegations he molested his three granddaughters. In doing so, two justices said they believe the Supreme Court needs to give more guidance on motions to sever.
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Justices reverse CHINS finding, noting father coerced to admit adjudication

May 13, 2015
Jennifer Nelson
Because a Marion Superior Court judge's remarks and conduct in their cumulative effect breached the court's duty of impartiality and amounted to coercion of a 17-year-old girl's father to admit she was a child in need of services, the Indiana Supreme Court reversed the CHINS adjudication.
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Legal network to confer in Indianapolis

May 13, 2015
IL Staff
About 40 attorneys from midsized, general practice law firms around the country and a handful of global lawyers will gather for the Legal Netlink Alliance spring convention beginning Thursday in Indianapolis.
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Former Indiana police chief gets 2 years for stealing cash

May 13, 2015
 Associated Press
The former police chief of a southeastern Indiana city has been sentenced to two years in prison for stealing $75,000 in cash that officers seized during criminal investigations.
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House votes to block EPA regulation of streams, wetlands

May 13, 2015
 Associated Press
House Republicans on Tuesday voted to block government rules that would clarify which streams, tributaries and wetlands should be protected from pollution and development under the Clean Water Act.
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Indiana senator calls for judicial nominating commission

May 13, 2015
Marilyn Odendahl
Sen. Dan Coats is calling for the appointment of a commission to assist in finding and nominating candidates for the vacancies on the federal bench.  
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Wife of Indiana judge charged with sending him threats

May 13, 2015
 Associated Press, IL Staff
The wife of an Indiana Court of Appeals judge is accused of sending her husband threatening messages in a scheme to make it appear that their son-in-law was terrorizing the family.
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Landowners not prejudiced by approval of wind turbine project

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals affirmed that landowners in Wells County who lived next to property that will house wind turbines were not prejudiced by the zoning decision to allow the project to proceed.
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Farmers worry over reach of EPA water rules

May 12, 2015
 Associated Press
Government rules to clarify which streams, tributaries and wetlands should be protected from development and pollution are fueling political anger in the country's heartland.
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COA issues new opinion in bail case involving self-defense claim

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals has issued a new opinion in its decision involving a man charged with murder who sought to be released on bail, but was denied. The judges again held that James Satterfield should be allowed to present evidence of self-defense at a new bail hearing.
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Audit: Indiana Bureau of Motor Vehicles used ambiguous fees

May 12, 2015
 Associated Press
The Indiana Bureau of Motor Vehicles lacks oversight, uses a complex fee schedule that leads to inconsistent charges for the same transactions and may have overcharged motorists more than previously disclosed, according to an independent audit released Monday.
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  1. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  2. Don't we have bigger issues to concern ourselves with?

  3. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  4. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

  5. Different rules for different folks....

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