Recent Blog Posts

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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Safety in the legal world

July 9, 2008
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The recent abduction of an Anderson attorney by his client raised an issue I don’t see discussed much – the safety risks of working in the legal field. Attorneys and judges work in a high-stress environment where court decisions can greatly...
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Firm diversity coordinators

July 8, 2008
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Diversity. Law firms know it’s important yet sometimes hesitate to talk about or tackle it because the subject can be overwhelming. Our sister publication, the Indianapolis Business Journal, has an article in its July 7-13 issue regarding diversity managers and coordinators...
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Bad cops, dropped charges

July 7, 2008
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In Indianapolis, there have been five police officers arrested for breaking the law in recent weeks - three narcotics detectives and two patrol officers. As a result of narcotics detectives’ arrests, some of the cases they’ve worked on are now being...
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Still land of the free?

July 3, 2008
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Tomorrow is the Fourth of July, a celebration of America’s birthday and all the freedoms we have as American citizens. The U.S. is the “land of the free,” but it sometimes feels like it’s slowly turning into the “land of the...
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McCain discusses judges

July 2, 2008
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The presumptive Republican presidential nominee Sen. John McCain spoke in Indianapolis Tuesday at the National Sheriff’s Association’s annual conference. Obviously, his speech was geared toward law enforcement and why he is the right candidate for them to elect, but he said...
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July means new laws

July 1, 2008
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Today the majority of bills signed into law by Gov. Mitch Daniels in February and March go into effect. There are a lot of new laws that are of interest to the legal community – judges’ pensions, public records and criminal...
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Opinions jump every June

June 30, 2008
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It’s June 30 – the last day of the Indiana Supreme Court’s fiscal year. That means the mad rush of opinions has been upon us for the last 30 days. It happens every year: the high court releases a deluge of...
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Survey says: Do something about it

June 27, 2008
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Bar associations survey their members to find out everything from salary to time off to satisfaction with the county judges. They publish the results for the world to see and sometimes, news organizations like us report on the findings. But then...
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A victim’s view on death penalty for rape

June 26, 2008
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The media and the general public are still buzzing about the U.S. Supreme Court’s decision Wednesday to overturn a death sentence for a Louisiana man convicted of raping his 8-year-old stepdaughter. News reports have discussed whether someone can be put to...
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Accelerated law degree

June 26, 2008
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Northwestern University School of Law just announced it’s creating a two-year law program in addition to offering the traditional three-year term. The school – which is only the third in the country to offer an accelerated law degree – believes the...
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Judicial nominations and political war games

June 25, 2008
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Today's post is from IL reporter Michael Hoskins: Indiana hasn’t gotten any news this week so far in the arena of federal judicial nominations. But what’s happened is worth taking a look at. The full U.S. Senate Tuesday evening confirmed a...
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George Carlin’s legal legacy

June 24, 2008
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George Carlin, 71, who died Sunday of heart failure, was a legend in the comedy world, but he also made his mark in the legal world. Carlin’s “seven words” routine is arguably what made him an icon and was the impetus...
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What’s the point of law firm rankings?

June 23, 2008
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We get a lot of e-mails from law firms touting their ranking on a list of “outstanding” firms by a publication or naming them third-largest overall according to some survey. We don’t publish the rankings in our paper because we...
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Higher gas prices, fewer court appearances?

June 20, 2008
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You can’t turn on the television or read a newspaper these days without seeing a story about how the increased cost of oil is affecting people. People are making a more concerted effort to carpool, cut back on extraneous driving, or...
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Familiar names in opinions

June 19, 2008
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As a part of our job duties here at Indiana Lawyer, we read a lot of court opinions. From time to time, a familiar name will catch our attention on an opinion that we may otherwise have skipped. Curious if...
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More law schools, fewer jobs

June 18, 2008
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According to a recent news story, there are now 200 ABA-accredited law schools in the United States, with some states looking to add even more schools. Indiana currently has four, and just a few years ago, two Indiana colleges were looking...
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Shorter and not so sweet?

June 17, 2008
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Short and straight to the point. That describes a not-for-publication opinion from the Court of Appeals Monday, in Evan Erby v. State of Indiana , No. 18A02-0711-CR-977. Two sentences sum up this case, referring to an Indiana Supreme Court ruling last...
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Cheers lead to arrests

June 16, 2008
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Graduation season is wrapping up this month but not without a few arrests. Police near Columbia , S.C. , arrested and charged six people with disorderly conduct for cheering after a student’s name was called during a high school graduation....
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When a spanking is OK

June 13, 2008
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When I acted up as a child, I would be threatened with a spanking. Lucky for me, my parents only delivered on the threat a couple times in my life. A stern look or grounding seemed to do the trick...
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Can’t say “rape” in a rape trial

June 12, 2008
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Correct me if I’m wrong, but if you are involved in a trial dealing with an alleged rape, then the word “rape” should come up in order to describe the purported crime. But one judge in Kansas has made headlines...
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Legal sector cuts 1,100 jobs in May

June 11, 2008
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Looks like the legal profession is starting to feel the effects of the slowing economy. According to the latest statistics from the U.S. Department of Labor, the U.S. legal sector lost 1,100 jobs in May. That’s the third consecutive month...
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Hate crimes do happen in Indiana

June 10, 2008
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A Muncie man was sentenced June 6 by a federal judge to 121 months in prison for a hate crime. The man burned a cross last year in the lawn of a woman and her three biracial children back in...
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Judges and cell phones in court don’t mix

June 9, 2008
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   Judges have the right to control their courtrooms to maintain civility and safety, but throwing people in jail because of a ringing cell phone is extreme. That’s what Niagara Falls City Court Judge Robert Restaino did when no one...
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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