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Court rules man invoked right to counsel

May 14, 2012
Jennifer Nelson
The Indiana Court of Appeals found a man’s question, “Can I get a lawyer?” during police questioning unambiguously and unequivocally invoked his Fifth Amendment right to counsel, so the trial court erred in denying the man’s motion to suppress statements he made to police.
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Indiana joins price-fixing suit against Apple

May 14, 2012
Jennifer Nelson
Indiana has joined a multistate lawsuit against Apple Inc. and two publishing companies for price-fixing the cost of electronic books.
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Supreme Court declines attempted feticide case

May 11, 2012
Jennifer Nelson
The Indiana Supreme Court decided Friday that it would not take the case of a Marion County woman appealing her charges of murder and attempted feticide after ingesting rat poison in an attempt to kill herself and her unborn child.
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Court reform grant applications now available

May 11, 2012
IL Staff
The Indiana Supreme Court Division of State Court Administration is encouraging judges to apply for the 2012 Court Reform grants. The money can be used to improve local court systems.
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Surety not obligated to pay bond to subcontractor

May 11, 2012
Jennifer Nelson
A company that was subcontracted by another subcontractor for work on a plant construction project won’t be paid from a payment bond the subcontractor obtained because of a pay-if-paid clause in subcontractors’ contract.
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Fund supports diversity in profession

May 11, 2012
Dave Stafford
A celebration of former Indiana Chief Justice Randall Shepard on Thursday set the stage for the launch of a fund in his name that will continue his legacy of promoting diversity.
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14 apply for Court of Appeals vacancy

May 10, 2012
IL Staff
Four trial judges and 10 attorneys have indicated they would like to be the next Indiana Court of Appeals judge.
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Suit claims marriage statute unconstitutional

May 10, 2012
IL Staff
A secular group and three of its members are suing the Marion County prosecutor and clerk, claiming an Indiana statute is unconstitutional because it says that religions are the only groups with rights to have their beliefs recognized in marriage ceremonies.
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State concedes traffic stop was invalid

May 10, 2012
Jennifer Nelson
On the appeal of a woman’s conviction of possession of marijuana, the state conceded that the traffic stop that led to the discovery of the drug was invalid. The Indiana Court of Appeals accordingly reversed the conviction.
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Judges uphold jury's rejection of insanity defense

May 10, 2012
Jennifer Nelson
A woman convicted of murdering her young son has lost her appeal, in which she claimed the jury didn’t have sufficient evidence to reject her insanity defense.
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COA reverses in foreclosure dispute

May 10, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a couple’s motion for relief from judgment and request for attorney fees in a foreclosure dispute, finding the couple established the party seeking to foreclose on their property acted in bad faith.
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No error in admitting deposition testimony of witness

May 9, 2012
Jennifer Nelson
The Indiana Court of Appeals found the trial court did not err in admitting the deposition testimony of a witness in a murder case who refused to testify at trial and whom the defendant had a chance to examine at the deposition.
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Judges uphold drug convictions and sentence

May 9, 2012
Jennifer Nelson
A defendant’s argument that his Fourth Amendment rights were violated when police searched his vehicle and found pills failed because the man abandoned his vehicle after the traffic stop. By fleeing, he relinquished any reasonable expectation of privacy in the car, the Indiana Court of Appeals held.
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Man can't prove ineffective lawyer assistance

May 9, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding neither his trial nor appellate counsel were ineffective in his case involving a voluntary manslaughter conviction.
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Changing, walking to workstations not compensable acts

May 9, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has ruled that employees asking to be compensated for changing into safety clothing and walking to their work stations are undermining the efforts of the union that represents them.
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7th Circuit rules Lilly sales reps not entitled to overtime

May 9, 2012
Jennifer Nelson
Pharmaceutical sales representatives from Eli Lilly & Co. and Abbott Laboratories were properly classified by their employers under the administrative exemption to the overtime requirements of the Fair Labor Standards Act, the 7th Circuit Court of Appeals ruled. The lawsuit brought by employees of both companies raised an issue of first impression for the Circuit court.
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Child Advocates has been the voice of children for 30 years

May 9, 2012
Holly Wheeler
As Court Appointed Special Advocate for Marion County, Child Advocates is celebrating its 30th anniversary, having assisted more than 75,000 children since its inception. Today, the organization advocates for every child involved in a Marion County abuse or neglect case – more than 5,000 annually – with the help of more than 400 volunteers.
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New bar group advocates for military spouse JDs

May 9, 2012
Jenny Montgomery
Relaxed admission requirements by states could remove barriers to employment for lawyers who must move when spouse relocates.
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'Hologram' performance by Tupac creates legal questions for IP lawyers

May 9, 2012
Jenny Montgomery
Fans raved about the "hologram" Tupac Shakur's performance at Coachella. For intellectual property lawyers, Tupac’s virtual return to the stage raises some interesting questions.
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Indiana's inheritance tax phasing out

May 9, 2012
Jenny Montgomery
Attorneys who handle estate planning say questions remain about the future of the federal estate tax.
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More attorneys choosing gradual retirement

May 9, 2012
Jenny Montgomery
Economics are one reason why lawyers postpone withdrawal from practice.
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Lawyers should stay away from 'daily deals'

May 9, 2012
Jennifer Nelson
An attorney's inquiry on a listserv led to the Indiana State Bar Association ethics opinion.
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Terms of Art: effecting viral social change

May 9, 2012
Wandini Riggins
Wandini Riggins writes about Indianapolis attorney Kenan L. Farrell and his work with the arts community.
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McGoff: Go on vacation

May 9, 2012
Sharon McGoff writes about why our bodies need vacations and how to take one.
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AG announced Depakote settlement

May 8, 2012
IL Staff
Attorney General Greg Zoeller announced Monday that Indiana will recoup millions of dollars in two separate settlements of multistate lawsuits against pharmaceutical maker Abbott Laboratories over illegal off-label marketing of its drug, Depakote.
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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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