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COA rejects ineffective counsel claim based on judge’s sentencing practices

March 15, 2017
Olivia Covington
A man who pleaded guilty to child molesting cannot prove that he received ineffective assistance of trial counsel, the Indiana Court of Appeals held Wednesday, but the post-conviction court must still address the issue of whether his plea was voluntary.
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Judicial Conference recommends new judgeship for Indiana’s Southern District

March 15, 2017
IL Staff
A new permanent judgeship for the U.S. District Court for the Southern District of Indiana is among the Judicial Conference of the United States’ recommendations to Congress for the creation of nearly five dozen new judgeships across the country.
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Woman may amend tortious interference claim against Allison Transmission

March 15, 2017
Olivia Covington
A woman who alleges that an Indianapolis company contributed to her employment termination may continue her defamation claim against the company and amend her tortious interference claim pursuant to Indiana trial rules, the Indiana Court of Appeals has ruled.
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Supreme Court seeks feedback on proposed rules amendments

March 15, 2017
IL Staff
The Indiana Supreme Court is seeking feedback on proposed changes to judicial rules from Hoosier legal professionals and members of the public.
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Admission and discipline rules amended to allow temporary law licenses

March 15, 2017
IL Staff
A recent amendment to Indiana Rules for Admission to the Bar and the Discipline of Attorneys has created a new pathway for attorneys admitted to practice in other states to gain a temporary law license in Indiana.
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Suspended judge gets probation for shoving police chief

March 15, 2017
 Associated Press, IL Staff
A suspended eastern Indiana city court judge has been placed on probation for shoving a police chief who also is his nephew.
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Police chasing thousands of tips in killing of 2 girls

March 15, 2017
 Associated Press
A month after two teenage girls were found slain after vanishing during a northern Indiana hiking trip, investigators said Tuesday they continue following up on thousands of tips that have led officers to interview more 300 people for possible involvement in the case.
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Murder charges dropped against Gary woman after years in jail

March 15, 2017
 Associated Press
Charges have been dropped against a Gary woman who has been in jail for more than four years accused of arranging the death of a business associate.
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Indiana man accused of spreading HIV sentenced to prison

March 15, 2017
 Associated Press
A Terre Haute man accused of spreading HIV has been ordered to serve 20 years in prison.
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ACLU suing state of Indiana in Lawrenceburg discrimination case

March 14, 2017
Olivia Covington
The American Civil Liberties Union of Indiana is suing the Hoosier state for disability discrimination, the most recent piece of litigation in a lawsuit stemming from a donated piece of land in Lawrenceburg.
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CASA Day at Statehouse set for Monday

March 14, 2017
IL Staff
About 400 Court Appointed Special Advocate volunteers will gather Monday at the Indiana Statehouse joined by Justice Steven David to highlight the program’s efforts and talk with lawmakers about issues facing children involved in the child welfare system.
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Justices uphold St. Joseph County foreclosure

March 14, 2017
Olivia Covington
The Indiana Supreme Court has ruled in favor of a mortgage company that foreclosed on a St. Joseph County couple’s home, holding that although the couple’s personal liability was discharged under Chapter 7 liquidation, the lien on the property was still an enforceable action.
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COA orders post-conviction court to reduce criminal confinement sentence

March 14, 2017
Olivia Covington
A man who pleaded guilty to criminal confinement will have his sentence reduced by eight years after the Indiana Court of Appeals held Tuesday that his trial attorney’s erroneous counsel led the man to make the decision to reject a previous plea agreement.
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First assistant U.S. Attorney takes over after Capp resignation

March 14, 2017
IL Staff
The former first assistant U.S. attorney in Northern Indiana has now assumed the role of acting United States Attorney for the Northern District of Indiana.
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Trial court must reconsider convicted murderer’s PCR petition

March 14, 2017
Olivia Covington
A convicted murderer facing life without parole in Franklin County is getting a second chance at post-conviction relief after the Indiana Court of Appeals found Tuesday the trial court did not consider all the post-conviction claims properly before it.
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Notre Dame, McKinney up, Maurer down in US News rankings

March 14, 2017
Marilyn Odendahl
Although deans consistently disparage the annual rankings, the U.S. News & World Report’s 2018 Best Law Schools may have given Indiana University Robert H. McKinney School of Law reason to cheer.
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Obama’s final year: US spent $36 million in records lawsuits

March 14, 2017
 Associated Press
The Obama administration in its final year in office spent a record $36.2 million on legal costs defending its refusal to turn over federal records under the Freedom of Information Act, according to an Associated Press analysis of new U.S. data that also showed poor performance in other categories measuring transparency in government.
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City sues drugmaker for letting OxyContin flood black market

March 14, 2017
 Associated Press
As deaths from painkillers and heroin abuse spiked and street crimes increased, the mayor of Everett, Washington, took major steps to tackle the opioid epidemic devastating this working-class city north of Seattle. He sued the maker of OxyContin.
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Tight budgets could complicate Sessions’ vow to fight crime

March 14, 2017
 Associated Press
Attorney General Jeff Sessions is promising his Justice Department will lead the charge in helping cities fight violent crime, and police chiefs are ready with their wish lists. But the federal law-enforcement agencies could receive less funding in a budget plan to be introduced Thursday.
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Few clues on how Gorsuch would vote on immigration

March 14, 2017
 Associated Press
If Neil Gorsuch wins confirmation to the Supreme Court, he could cast the deciding vote on President Donald Trump’s travel ban against immigrants from certain countries. But it's far from certain how he would vote.
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District court tosses transgender man’s name-change suit

March 13, 2017
Olivia Covington
A district court judge has dismissed a suit brought against former Indiana Gov. Mike Pence and other state officials by a transgender man who claims his non-citizen status prohibits him from legally changing his name to match his gender identity.
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COA reinstates father’s parental rights, terminates mother's

March 13, 2017
Olivia Covington
The Indiana Court of Appeals has allowed a Huntington County father to retain his parental rights to his son but terminated the mother’s parental rights after finding that she has not remedied the circumstances that led to her son’s removal from her home.
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Court must reconsider sanction for probation violations

March 13, 2017
Olivia Covington
An Indiana trial court must revisit the sanction it imposed pursuant to an agreement on a Washington County woman who violated her probation. The Indiana Court of Appeals held Monday that the trial court had discretion to determine what the appropriate sanction should be.
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COA upholds child molesting convictions

March 13, 2017
Olivia Covington
The Indiana Court of Appeals upheld a Marion County man’s various convictions for child molesting Monday, finding that the testimony of a pediatrician who examined the victim did not constitute vouching testimony.
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Capp praised for work in U.S. Attorney’s Office

March 13, 2017
Marilyn Odendahl
David Capp, who stepped down as U.S. Attorney for the Northern District of Indiana over the weekend, is being remembered as a lawyer’s lawyer who was loyal and had a clear sense of right and wrong.
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  1. Actually, and most strikingly, the ruling failed to address the central issue to the whole case: Namely, Black Knight/LPS, who was NEVER a party to the State court litigation, and who is under a 2013 consent judgment in Indiana (where it has stipulated to the forgery of loan documents, the ones specifically at issue in my case)never disclosed itself in State court or remediated the forged loan documents as was REQUIRED of them by the CJ. In essence, what the court is willfully ignoring, is that it is setting a precedent that the supplier of a defective product, one whom is under a consent judgment stipulating to such, and under obligation to remediate said defective product, can: 1.) Ignore the CJ 2.) Allow counsel to commit fraud on the state court 3.) Then try to hide behind Rooker Feldman doctrine as a bar to being held culpable in federal court. The problem here is the court is in direct conflict with its own ruling(s) in Johnson v. Pushpin Holdings & Iqbal- 780 F.3d 728, at 730 “What Johnson adds - what the defendants in this suit have failed to appreciate—is that federal courts retain jurisdiction to award damages for fraud that imposes extrajudicial injury. The Supreme Court drew that very line in Exxon Mobil ... Iqbal alleges that the defendants conducted a racketeering enterprise that predates the state court’s judgments ...but Exxon Mobil shows that the Rooker Feldman doctrine asks what injury the plaintiff asks the federal court to redress, not whether the injury is “intertwined” with something else …Because Iqbal seeks damages for activity that (he alleges) predates the state litigation and caused injury independently of it, the Rooker-Feldman doctrine does not block this suit. It must be reinstated.” So, as I already noted to others, I now have the chance to bring my case to SCOTUS; the ruling by Wood & Posner is flawed on numerous levels,BUT most troubling is the fact that the authors KNOW it's a flawed ruling and choose to ignore the flaws for one simple reason: The courts have decided to agree with former AG Eric Holder that national banks "Are too big to fail" and must win at any cost-even that of due process, case precedent, & the truth....Let's see if SCOTUS wants a bite at the apple.

  2. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  3. I am in NJ & just found out that there is a judgment against me in an action by Driver's Solutions LLC in IN. I was never served with any Court pleadings, etc. and the only thing that I can find out is that they were using an old Staten Island NY address for me. I have been in NJ for over 20 years and cannot get any response from Drivers Solutions in IN. They have a different lawyer now. I need to get this vacated or stopped - it is now almost double & at 18%. Any help would be appreciated. Thank you.

  4. Please I need help with my class action lawsuits, im currently in pro-se and im having hard time findiNG A LAWYER TO ASSIST ME

  5. Access to the court (judiciary branch of government) is the REAL problem, NOT necessarily lack of access to an attorney. Unfortunately, I've lived in a legal and financial hell for the past six years due to a divorce (where I was, supposedly, represented by an attorney) in which I was defrauded of settlement and the other party (and helpers) enriched through the fraud. When I attempted to introduce evidence and testify (pro se) in a foreclosure/eviction, I was silenced (apparently on procedural grounds, as research I've done since indicates). I was thrown out of a residence which was to be sold, by a judge who refused to allow me to speak in (the supposedly "informal") small claims court where the eviction proceeding (by ex-brother-in-law) was held. Six years and I can't even get back on solid or stable ground ... having bank account seized twice, unlawfully ... and now, for the past year, being dragged into court - again, contrary to law and appellate decisions - by former attorney, who is trying to force payment from exempt funds. Friday will mark fifth appearance. Hopefully, I'll be allowed to speak. The situation I find myself in shouldn't even be possible, much less dragging out with no end in sight, for years. I've done nothing wrong, but am watching a lot of wrong being accomplished under court jurisdiction; only because I was married to someone who wanted and was granted a divorce (but was not willing to assume the responsibilities that come with granting the divorce). In fact, the recalcitrant party was enriched by well over $100k, although it was necessarily split with other actors. Pro bono help? It's a nice dream ... but that's all it is, for too many. Meanwhile, injustice marches on.

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