Recent Blog Posts

Accident breaks firm’s windows

August 14, 2008
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An accident in downtown Indianapolis this afternoon involving three men installing a sign on the M&I Building damaged two windows at law firm Bose McKinney and Evans. One window each on the 27th and 23rd floors were damaged when a cable on...
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Appellate court delays, blame

August 14, 2008
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From  IL reporter Michael Hoskins, who attended today's arguments:  The Indiana Supreme Court is delving into interesting issues that hit on speedy criminal trials and how appellate court delays have a role in that process. Of course, a comment made during...
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Budget cuts, slower courts?

August 13, 2008
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It’s budget season in Indiana, and counties across the state are preparing their 2009 budgets. The tough economic times are leading counties to ask departments to find even more ways to cut spending. The courts, too, are being asked to find...
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Buying booze on Sunday

August 11, 2008
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One organization in Indiana is looking to end one of our state’s last remaining “blue laws” – buying alcohol from a store on Sundays. As an adult of legal drinking age, I am all for changing this state law. I know...
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A jet-set chief justice

August 7, 2008
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From IL reporter Michael Hoskins:  Every so often, you’ll see an Indiana Supreme Court order signed by an acting chief justice. Some recent court orders have Justice Brent Dickson filling in for Chief Justice Randall Shepard. Nothing out of the ordinary,...
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NAACP to prep voters

August 7, 2008
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The NAACP Legal Defense and Education Fund is sending attorneys to 10 states before the fall election to address voting barriers, according to the National Law Journal. Surprise, surprise, Indiana is one of those 10 states. I’d wager the NAACP’s interest...
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ACLU always controversial

August 5, 2008
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In an obituary for Indianapolis attorney Alan Nolan, I learned that he was one of the founders of the Indiana Civil Liberties Union, now the ACLU of Indiana. According to law firm Ice Miller’s Web site, Nolan and attorney Merle Miller,...
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What’s the difference?

August 4, 2008
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This post comes from IL  reporter Michael Hoskins:  On one hand, the American Civil Liberties Union of Indiana argues against blanket, government-imposed rules restricting where sex offenders can live and places those registered individuals can visit. But when a private homeowners...
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Does duty stop at door?

August 1, 2008
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The Indiana Supreme Court granted transfer yesterday to a case that will have implications on a hospital’s duty to protect its patients from suspected abusers. Indiana Lawyer Daily wrote about the case in March when the majority of the Indiana Court...
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Jurisdiction not camera shy

July 31, 2008
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Indianapolis documentary filmmaker Karen Grau’s request to film juvenile court proceedings in Lake County has been granted by the Indiana Supreme Court. Grau is no stranger to Indiana’s juvenile courts, as she has already worked on several documentaries with Lake Juvenile...
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Court holds up settlement

July 30, 2008
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Even though the parties involved in litigation of a wrongful imprisonment suit want to settle after a jury already announced its award, the 7th Circuit Court of Appeals denied a request to throw out the jury award to clear the way...
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The legal system and media

July 29, 2008
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From Indiana Lawyer reporter Michael Hoskins, who is in Reno attending a conference at the National Judicial College: Courts and media can sometimes collide, but there’s a plethora of reasons for both to get along. This is the topic of...
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Courthouse attorney lounge

July 28, 2008
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After a decade-long absence, attorneys visiting the Birch Bayh Federal Building and U.S. Courthouse in Indianapolis have a quiet place to prepare for court. The U.S. District Court for the Southern District of Indiana, Indianapolis Division, announced today it has opened...
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AG saves taxpayer money

July 25, 2008
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For the second time in a month, the Indiana Attorney General’s office has decided not to appeal court decisions that didn’t come out in its favor regarding new laws. Earlier this month, the office announced it wouldn’t appeal U.S. District Judge...
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Letters from jail

July 24, 2008
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If there’s ample evidence you wrote threatening letters to the president of the United States and chief justice of Canada, and you happened to include a white, powdery substance that could be mistaken for anthrax, then don’t try to appeal your...
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Need for non-violent orders?

July 23, 2008
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On Tuesday, tragedy struck in Indianapolis when a man allegedly murdered two people – his ex-wife and her boyfriend – and then reportedly turned the gun on himself. The man had a history of violence, according to police and news reports,...
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Another judge in trouble

July 22, 2008
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Allen Circuit Court Judge Thomas Felts was arrested for suspicion of drunk driving while in Indianapolis last Friday. Judge Felts told Indiana Lawyer he regrets what’s happened. Judges getting arrested and breaking the law isn’t anything new. Judges are human, just...
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Journalistic shielding

July 18, 2008
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Both of Indiana’s senators are pushing for passage of a federal shield law. Sen. Dick Lugar, a Republican, talked this week about making that happen soon and as recently as last week Senate leadership noted this may come up yet in...
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End the death penalty?

July 17, 2008
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More than a year ago, a team of law professors, scholars, lawyers, and judges let loose a report recommending a halt to the death penalty in Indiana. That assessment came on behalf of the American Bar Association and was one of...
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Too much pressure?

July 16, 2008
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We see them as the authority behind the bench, applying the law and dispensing justice on a daily basis. But what happens when a judge crosses the line – criminal conduct or not – and allows work or personal pressure to...
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Stalking interpretations

July 15, 2008
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Is standing on a public street, staring at someone’s house considered taboo and possibly enough for a felony stalking charge? Does the answer change if it happens more than once, say four times, and that the person being watched feels...
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What of Indiana\'s reputation?

July 15, 2008
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It seems Indiana’s legal community has a good reputation out there. Studies appear to come out regularly assessing some aspect of Indiana’s legal system: Our litigation climate, ethics of the judiciary and legal community, and so on. But off-the-cuff, what are...
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Legal help from Oprah

July 14, 2008
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Oprah Winfrey wants to offer you legal help. The catch: Your case will be documented in her magazine for the world to see. I came across a link on CNN.com that leads to a promotional page from Winfrey’s magazine, “O, The...
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Gamble leads to law suit

July 11, 2008
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Jeff Frazer and three of his buddies took a chance at beating the odds and winning at a Hoosier Lottery scratch-off game, Cash Blast. The top prize was $250,000. Believing the odds were in their favor, the four purchased at least...
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Fun with opinions

July 10, 2008
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Typically court opinions are straight to the point about the merits of the case, the application of laws, and why the judge or judges decided to rule the way they did. That’s why it comes as a refreshing surprise when judges...
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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  4. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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