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Evansville woman accused of beating man into false confession

August 5, 2016
 Associated Press
Southwestern Indiana police say a woman allegedly beat a man with a metal pipe into falsely confessing he was involved in the disappearance of a severely disabled woman.
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COA: Intimidation statute doesn’t require detailed timeline of threat

August 4, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s intimidation conviction, finding it was reasonable for the jury to conclude that the defendant threatened the victim for interrupting an argument.
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‘Chop shop’ operator’s convictions upheld by 7th Circuit

August 4, 2016
Jennifer Nelson
An Indianapolis man who ran a modern-day “chop shop” in which he stole cars, altered identification numbers and resold them was unable to convince the 7th Circuit Court of Appeals that his convictions and sentence require reversal.
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Reversal: Kroger must face claim for filling script in wrongful death case

August 4, 2016
Dave Stafford
Kroger must face a claim that its potential negligence in filling a prescription contributed to the death of a woman after she sought treatment for acute bronchitis, the Indiana Court of Appeals ruled Thursday in a reversal.
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Judge thinks cop convicted of murder deserves new trial

August 4, 2016
Jennifer Nelson
A 7th Circuit Court of Appeals judge dissented from his colleagues’ affirmation of an Evansville police officer’s murder and arson convictions, believing the evidence presented by the state doesn’t support that the man started the fire at his ex-lover’s house.
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Split COA tosses robbery convictions pegged to cellphone data

August 4, 2016
Dave Stafford
A divided Indiana Court of Appeals ruled Thursday that cellphone users have a reasonable expectation to the privacy of their location information that’s tracked and collected by phone service providers. The majority’s holding reversed armed robbery convictions of an Ohio man found guilty of holding up two Dearborn County liquor stores.
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COA affirms plaintiff can’t succeed on environmental action claims

August 4, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed Thursday that based on the statute of limitations the owners of contaminated land can’t assert environmental claims against previous owners of the land who contributed to the contamination.
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Indiana Paralegal Association honors 5 members

August 4, 2016
IL Staff
The Indiana Paralegal Association Inc. recently presented five awards at its annual swearing-in and awards ceremony July 20 to members who have displayed exceptional abilities.
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Mistrial declared in Evansville man's explosives case

August 4, 2016
 Associated Press
A mistrial has been declared in the case of an Evansville man accused of setting a fire at his apartment and leaving a bomb near a restaurant last year.
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COA senior judge reprimanded for OWI conviction

August 3, 2016
IL Staff
The Indiana Supreme Court reprimanded Indiana Court of Appeals Senior Judge William Garrard Wednesday, agreeing with the parties that this is the appropriate sanction for his recent operating while intoxicated conviction.
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Report finds drug courts number 3,000 nationwide

August 3, 2016
IL Staff
The number of drug courts operating in the United States is 3,057, a 24 percent increase in the last five years, according to the National Association of Drug Court Professionals.
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Ruling goes against Indiana’s ‘strong public policy’ of enforcing contracts

August 3, 2016
Jennifer Nelson
A federal judge ruled Tuesday in a lawsuit challenging the town of Fortville’s procedure for disputing unpaid water bills that class members’ constitutional rights to procedural due process trump the state’s public policy of enforcing contracts.
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Obama shortens terms for 214 prisoners

August 3, 2016
 Associated Press
President Barack Obama on Wednesday cut short the sentences of 214 federal inmates, including 67 life sentences, in what the White House called the largest batch of commutations on a single day in more than a century.
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FBI: 1st US law enforcement officer charged in terror sting

August 3, 2016
 Associated Press
Prosecutors brought the first-ever federal terrorism charges against a law enforcement officer in the U.S., alleging Wednesday that a patrol officer with the D.C. region's Metro Transit Police was caught in sting buying about $250 worth of gift cards for the Islamic State group.
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JPMorgan settlement with Indiana draws interest of other states

August 3, 2016
 Bloomberg News
JPMorgan agreed on July 28 to pay $950,000 to settle claims by the Indiana secretary of state that the bank failed to disclose conflicts of interest to wealthy clients.
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Kentucky hires Indy law firm to probe former governor

August 3, 2016
 Associated Press
Kentucky Gov. Matt Bevin has approved a contract of up to $500,000 for an Indianapolis law firm to investigate his predecessor's administration.
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Inmates secure after setting fire at eastern Indiana jail

August 3, 2016
 Associated Press
Inmates are secured at an eastern Indiana county jail after officials say they started a fire to try to disable locks and access a common area.
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Pokemon goes to court in backyard monster trespassing case

August 3, 2016
 Bloomberg News
A New Jersey resident with a pocket monster in his backyard filed what may be the first lawsuit against Niantic Inc. and Nintendo Co. for unleashing Pokemon Go across the U.S., claiming that players are coming to his home uninvited in their race to “catch ’em all.”
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Judge blocks release of Trump's video testimony

August 3, 2016
 Associated Press
A federal judge who has been a target of Donald Trump's repeated scorn on Tuesday denied a media request to release videos of the Republican presidential candidate testifying in a lawsuit about the now-defunct Trump University — images that Trump's attorneys had argued would have been used to tarnish the campaign.
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Defense attorney: Police botched investigation

August 3, 2016
 Associated Press
A man accused of killing an Indiana University student is the victim of a botched police investigation, his attorney told jurors on Tuesday, but prosecutors noted that the victim's blood and hair were found in his vehicle.
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Interactive files federal patent suit against competitor

August 2, 2016
Susan Orr, IBJ Staff
Indianapolis-based Interactive Intelligence Inc. has filed a federal patent lawsuit against Avaya Inc., a competitor with which Interactive Intelligence also had a long-standing patent license agreement.
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Indianapolis sues emergency dispatch provider for $8.3M

August 2, 2016
Hayleigh Colombo, IBJ Staff
The city of Indianapolis is suing a North Carolina-based public safety software provider for breach of contract, saying it failed to adequately complete a job to install a new computer-aided dispatch system for police, fire and emergency use.
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Legislators plan to introduce bills to protect law enforcement and their families

August 2, 2016
IL Staff
Two Republican members of the Indiana General Assembly have announced just days apart their intentions to introduce legislation in response to recent threats against police officers and the shooting of an off-duty police officer’s home and squad car in Indianapolis.
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Judges divided over sentence review under Appellate Rule 7(B)

August 2, 2016
Jennifer Nelson
The majority on a panel of the Indiana Court of Appeals declared Tuesday that Indiana Appellate Rule 7(B) requires only that the court “consider” the nature of the offense and the offender’s character, not that the defendant necessarily prove both of those prongs. This led to a separate opinion calling the decision “significant.”
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Statute, plea agreement do not preclude converting felony to misdemeanor

August 2, 2016
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court’s decision to reduce a man’s Class D felony conviction following a guilty plea to theft in 2000 to a Class A misdemeanor 15 years later.
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  1. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  2. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  3. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  4. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

  5. While this right is guaranteed by our Constitution, it has in recent years been hampered by insurance companies, i.e.; the practice of the plaintiff's own insurance company intervening in an action and filing a lien against any proceeds paid to their insured. In essence, causing an additional financial hurdle for a plaintiff to overcome at trial in terms of overall award. In a very real sense an injured party in exercise of their right to trial by jury may be the only party in a cause that would end up with zero compensation.

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