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Old 03-26-2015, 05:13 PM   #4298
LKJ
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Join Date: Aug 2003
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re: Post ITT if you like girls that wear abercrombie and fitch

Eyebooger, I'm fairly confused on this now too. The Indiana statute and the federal statute look to be materially identical.

My guess is that the federal standard may not apply in state court? That doesn't make sense to me either though; I know that I cite case law from federal courts in cases that I litigate in county courts here, and that for instance a Marion County Circuit Court judge will treat 7th circuit opinions as binding case law.

So I guess even I'm unhelpful about exactly why a state would pass an identical law; a state can pass its own standard that somewhat differs from a federal law, but that doesn't seem like what was done here.
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