Recent Blog Posts

Loans and the public sector

August 18, 2008
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President Bush signed the Higher Education Opportunity Act , H.R. 4137, into law last week, which provides loan forgiveness for students entering public services jobs, including public defenders, prosecutors, and legal aid attorneys. In exchange for committing to work for at...
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A blog about blogging

August 18, 2008
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I attended BlogIndiana this weekend - a conference about blogging as the name would suggest - to learn how to make sure Indiana Lawyer is putting out the best blog we can. While many of the sessions were geared toward personal...
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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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  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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