Recent Blog Posts

Catch-22 for new lawyers

September 10, 2009
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Despite the economy, some firms are still hiring. Unfortunately for those fresh out of law school, based on the classifieds placed recently in Indiana Lawyer , only those with experience should apply. A closer look at the last few issues of...
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Shamed into change

September 8, 2009
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One judge in Ohio thinks shame is the way to curb crime, so he’s ordering some criminals to wear bright T-shirts stating their crime. The T-shirts, obnoxiously neon yellowish-green, say things like, “I’m a thief” in big, block letters. The “criminali-tees”...
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“Dangerous” cart corrals

September 1, 2009
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Menard’s has funny-looking and somewhat impractical cart corrals that are also apparently unsafe and dangerous. Just ask Gerald Roberts of McCreary County, Ky. He was visiting a Menard’s in Lafayette, Ind., and decided to “travel through” the cart corral, hitting a...
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Clerk: credit or debit?

August 31, 2009
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Welcome to the 21st (or even arguably the 20th) century, Marion County Clerk’s Office! The clerk’s office announced late last week it’s now accepting credit or debit cards for most court fees. People can now pay with plastic for child support,...
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Jury duty worries

August 27, 2009
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Jury duty: it’s not glamorous, it can be time-consuming, and perhaps even boring, but it’s part of our duty as American citizens. A lot of people dread not only the process of being selected but possibly being seated for a long...
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Sticking with it

August 24, 2009
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Back in July, I wrote a blog about what inspired you to enter the law. That post got an interesting comment from a reader who suggested I ask why people stick with the profession after finally understanding what it actually entails....
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Dating site for lawyers

August 21, 2009
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Have you ever wanted an online dating forum where you can meet other attorneys from around the country? Tired of those generic dating sites that make you sift through boring teachers, accountants, and sales people when all you want is a...
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Attorney ignores heart attack

August 20, 2009
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I’ve heard of coming to work when you don’t feel well, but going to court while having a heart attack is taking it to the extreme. A defense attorney in California woke up with severe chest pains. A normal person would...
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Actor heads to law school

August 17, 2009
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I’ve heard of actors going back to school to get their undergraduate degree but I can’t recall one pursuing a law degree. Now there’s Jerry O’Connell, perhaps most famous for “Stand by Me,” “Sliders,” or being Rebecca Romijn’s husband, who announced...
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A yawn of contempt

August 13, 2009
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Sometimes, yawning can be criminal. Just ask Clifton Williams. The Illinois resident was sentenced to six months in jail for yawning during his cousin’s guilty plea to a felony drug charge. His family maintains it was just a yawn, nothing more;...
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No job? Just sue your school

August 10, 2009
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Can’t find a job? Sue your school! That’s what one graduate in New York City has decided to do. She thinks it’s her school’s fault she can’t find a job because its office of career advancement hasn’t provided her with leads...
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Dress codes passé?

August 7, 2009
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From managing editor Elizabeth Brockett : The topic of dress codes recently came up in our office again because of a notice we received about a conference to assist in creating and enforcing a dress code. One section touted “Solutions...
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Threatened profession

August 4, 2009
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A Hendricks County man is sitting in jail right now after threatening to kill two judges, an attorney, and others. He was allegedly upset about a protective order issued against him, so he decided to make threats about shooting people involved...
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Litigious inmate

August 3, 2009
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It seems like a month doesn’t go by without my reading an appellate case involving Eric D. Smith. It’s such a generic name, but his name always jumps out during a quick scan of the appellate opinions. He had two suits...
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Pricing people out?

July 29, 2009
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To continue with the theme of law school tuition, I want to know if the astronomical amount people spend to become an attorney has hurt the profession. Law school costs a lot of money. Students spend more than what the average...
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Jump in tuition

July 27, 2009
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By now, most people from Indiana who currently attend or are planning to go to Indiana University Maurer School of Law in Bloomington are aware of the 24.5 percent tuition hike approved for next year. I’m not sure how many know...
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Lawyer influences

July 24, 2009
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I wonder if interest in the old TV show “Perry Mason” has increased since news stories about U.S. Supreme Court justice nominee Sonia Sotomayor have mentioned how influential the show was in her becoming a lawyer. After being told she couldn’t...
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Cell phones and vacations

July 21, 2009
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With all the high-tech cell phones available now, does it make it harder or easier for you to go on vacation? A lot of people have a hard time leaving the office and work behind, but with your PDA, e-mail and...
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Judge frustrates senators

July 16, 2009
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It’s times like a Senate Judiciary Committee confirmation hearing that really drive home the differences between how the general public and judges think, especially on hot-button issues like abortion and gun rights. I found a few quotes from U.S. Supreme Court...
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Case ends after 26 years

July 15, 2009
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After more than a quarter century, a judge out in Montana finally ruled on a dispute over the ownership of natural gas leases. It didn’t take 26 years for a resolution in the case because of countless appeals or court delays....
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Oodles of amendments

July 13, 2009
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I recently spent a few days in San Francisco and I heard a startling fact: the California Constitution has been amended something like 512 times. The information came via an editorial running on a local news station. I managed to catch...
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Expensive bathroom break

July 10, 2009
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A guy gets up to go to the bathroom at the new Yankees Stadium during “God Bless America” during the 7th inning stretch, is kicked out by the New York Police Department, and makes $10,001 from the incident. His attorneys with...
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Legal lesson in MJ death

July 8, 2009
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I know, I know, there’s been non-stop news coverage of the death of Michael Jackson since June 25, and the last place you’d expect to read more about him is here. But I think there is a legal lesson to be...
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Locked up on TV

July 6, 2009
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Some of Indiana’s youngest criminals will visit living rooms and bedrooms across the country this summer thanks to a documentary series airing on MSNBC. This summer, Lake County’s Juvenile Justice Center will be featured in the network’s “Lockup” series. The show...
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Dramatic attorneys

July 2, 2009
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Today's post was written by Managing Editor Elizabeth Brockett.   In her opening remarks, the deputy prosecutor told the jury that real trials are nothing like what people see on TV or in the movie theaters. “Oh yes it was! It was...
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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. 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.

  4. 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.

  5. 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)

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