JamesJ.Bell

Recent Articles

Bell/Whelan: 3 things to know about requests for client information

September 7, 2016
Here are three things to know when a third party requests information about your client, including don’t be cooperative, civil or otherwise charming.
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Inside the Criminal Case: The exclusionary rule is on a losing streak

July 13, 2016
The latest defeat for the exclusionary rule came in the case of Utah v. Strieff.
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Inside the Criminal Case: When your client is speaking to others

March 23, 2016
“Say nothing.” This advice seems simple enough, but any attorney with a few years under his or her belt knows that the advice is often not heeded.
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Inside the Criminal Case: Immunity and Bill Cosby’s motion to dismiss

January 27, 2016
On Dec. 30, 2015, comedian Bill Cosby was charged with sexual assault in Pennsylvania. These charges stemmed in part from various admissions Mr. Cosby made in a deposition in a civil suit. After learning this news, several thousand criminal defense lawyers scratched their balding heads as they Monday morning quarterbacked the decision to submit Cosby to a deposition.
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Bell/Whelan: 3 things to know about civility and discipline

December 30, 2015
As it turns out, acting in a civil manner is not just a way of being polite, or being a good advocate or a way to make the profession look good. In fact, being uncivil in and of itself can lead to disciplinary sanctions.
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Inside the Criminal Case: Gluten, grandpas and reasonable suspicion to stop a vehicle

December 2, 2015
“Back in our day,” reasonable suspicion for a traffic stop was based upon objective evidence that the suspect had committed a traffic violation.
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Bell/Whelan: 3 things to know about reporting ethics violations

November 4, 2015
If you’re like us, you’re a lawyer who enjoys giving advice to others. As attorneys who represent other attorneys in disciplinary matters, we often receive requests to give ethics advice to lawyers. As luck would have it, we like lawyers and generally enjoy giving advice to lawyers when we can.
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Inside the Criminal Case: New playbook for prosecuting white collar crime

October 7, 2015
There is a theme that permeates the news reporting of the 2008 financial crisis: no one went to jail as a consequence. In possible reaction to this theme, the U.S. Department of Justice recently issued a bulletin that has since been referred to as the “Yates Memo.”
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3 things to know about the ethics of files

September 9, 2015
A formal opinion recently issued by the American Bar Association’s Standing Committee on Ethics and Professional Responsibility sheds light on what materials belong to the client.
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Concerns with supervised release conditions

August 12, 2015
The 7th Circuit has issued a series of additional opinions, shedding more light on the goals, scope and limitations of conditional release.
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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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