JenniferMehalik

Recent Articles

Court upholds sentence-reduction denial

February 12, 2009
Even though a defendant may be eligible for a sentence reduction under new crack cocaine sentencing guidelines, it is up to the District Court's discretion to grant a reduced sentence, the 7th Circuit Court of Appeals ruled today.
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Order that law firm pay attorney fees reversed

February 12, 2009
The Indiana Court of Appeals reversed today an order awarding attorneys fees based on the actions of an Indianapolis law firm in a dispute involving the dissolution of another firm, finding the record didn't provide any insight into why the trial court granted the award.
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Judges disagree on if remand is necessary

February 11, 2009
The Indiana Court of Appeals reversed and remanded a trial court's grant of an ex-wife's petition for additional relief for funds, finding the trial court didn't hear evidence on certain "critical" factors. The judges on appeal didn't agree as to whether the case should be remanded.
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Court: ALJ's ruling had several errors

February 11, 2009
Finding an administrative law judge's decision to deny a woman's claim for disability benefits contained several significant errors, the 7th Circuit Court of Appeals vacated the District Court's affirmation of the denial and remanded the case to the Social Security Administration.
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Court rules on upward sentence revision

February 10, 2009
The Indiana Supreme Court held today that appellate courts have the authority to increase a sentence on appeal, but the state can't initiate or cross-appeal review of the sentence and can't ask for a greater sentence if the defendant doesn't initiate an appeal.
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Judge allows class action in hail damage suit

February 9, 2009
A U.S. District judge is allowing certain State Farm insurance policy holders to proceed in a class action suit against the company as a result of how the insurer handled roof claims following a 2006 hail storm in central Indiana.
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COA: Statements not made in illegal detention

February 5, 2009
The Indiana Court of Appeals affirmed the denial of a defendant's motion to suppress statements given to authorities while detained, finding he was legally detained because police already had probable cause to arrest him.
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Auction to benefit domestic-violence victims

February 5, 2009
The Indiana University School of Law - Indianapolis' Women's Caucus is hosting its annual auction Feb. 12 to raise funds for the Protective Order Pro Bono Project. Proceeds from the auction will go to the project, which provides free legal advice for low-income victims of domestic abuse.
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COA: No credit for pretrial home detention

January 14, 2009
The Indiana Court of Appeals affirmed a trial court's decision not to award a man credit time for pretrial home detention, finding the man's rights weren't violated under the federal or Indiana constitutions.
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High court to hear insurance, dissolution cases

January 7, 2009
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Recent Blog Posts

McKinney 3L raises funds so man can keep guide dog

December 19, 2013
Thanks to an Indiana law student’s study break, a New York City-area man will be able to keep his longtime companion and guide dog.
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Americans think 'justice is for sale'

October 29, 2013
Money talks, the saying goes, and many Americans think it’s telling judges how to rule on cases, according to results of a poll released Thursday.
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IU Maurer team takes second in SCOTUSblog competition

July 2, 2013
Once the final cases for this term were decided by the Supreme Court of the United States, a team of recent Indiana University Maurer School of Law grads learned they came in second in a national competition predicting how the justices would rule.
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Class of 2011 faced 'brutal' entry-level job market

June 8, 2012
NALP has released its employment profile for law school graduates from 2011 and the numbers aren’t great. In fact, they are some of the worse NALP – The Association for Legal Career Professionals – has seen in years.
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Survey says: 40 percent of law firms don’t have succession plans

June 7, 2012
A recent survey shows that four in 10 law firms lack succession plans and nearly half of those asked who don’t have plans in place don’t plan on creating one.
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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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