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. He TIL team,please zap this comment too since it was merely marking a scammer and not reflecting on the story. Thanks, happy Monday, keep up the fine work.

  2. You just need my social security number sent to your Gmail account to process then loan, right? Beware scammers indeed.

  3. The appellate court just said doctors can be sued for reporting child abuse. The most dangerous form of child abuse with the highest mortality rate of any form of child abuse (between 6% and 9% according to the below listed studies). Now doctors will be far less likely to report this form of dangerous child abuse in Indiana. If you want to know what this is, google the names Lacey Spears, Julie Conley (and look at what happened when uninformed judges returned that child against medical advice), Hope Ybarra, and Dixie Blanchard. Here is some really good reporting on what this allegation was: http://media.star-telegram.com/Munchausenmoms/ Here are the two research papers: http://www.sciencedirect.com/science/article/pii/0145213487900810 http://www.sciencedirect.com/science/article/pii/S0145213403000309 25% of sibling are dead in that second study. 25%!!! Unbelievable ruling. Chilling. Wrong.

  4. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  5. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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