Recent Blog Posts

Gamble leads to law suit

July 11, 2008
Comments(0)
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...
More

Fun with opinions

July 10, 2008
Comments(0)
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...
More

Safety in the legal world

July 9, 2008
Comments(0)
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...
More

Firm diversity coordinators

July 8, 2008
Comments(0)
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...
More

Bad cops, dropped charges

July 7, 2008
Comments(0)
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...
More

Still land of the free?

July 3, 2008
Comments(0)
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...
More

McCain discusses judges

July 2, 2008
Comments(0)
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...
More

July means new laws

July 1, 2008
Comments(0)
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...
More

Opinions jump every June

June 30, 2008
Comments(0)
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...
More

Survey says: Do something about it

June 27, 2008
Comments(0)
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...
More

A victim’s view on death penalty for rape

June 26, 2008
Comments(2)
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...
More

Accelerated law degree

June 26, 2008
Comments(0)
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...
More

Judicial nominations and political war games

June 25, 2008
Comment(1)
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...
More

George Carlin’s legal legacy

June 24, 2008
Comments(0)
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...
More

What’s the point of law firm rankings?

June 23, 2008
Comment(1)
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...
More

Higher gas prices, fewer court appearances?

June 20, 2008
Comments(0)
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...
More

Familiar names in opinions

June 19, 2008
Comments(0)
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...
More

More law schools, fewer jobs

June 18, 2008
Comments(0)
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...
More

Shorter and not so sweet?

June 17, 2008
Comment(1)
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...
More

Cheers lead to arrests

June 16, 2008
Comments(0)
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....
More

When a spanking is OK

June 13, 2008
Comments(0)
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...
More

Can’t say “rape” in a rape trial

June 12, 2008
Comments(2)
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...
More

Legal sector cuts 1,100 jobs in May

June 11, 2008
Comments(0)
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...
More

Hate crimes do happen in Indiana

June 10, 2008
Comments(4)
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...
More

Judges and cell phones in court don’t mix

June 9, 2008
Comment(1)
   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...
More

Page  << 21 22 23 >> pager
ADVERTISEMENT
Sponsored by
ADVERTISEMENT
  1. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  2. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  3. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.

  4. OK so I'll make this as short as I can. I got a call that my daughter was smoking in the bathroom only her and one other girl was questioned mind you four others left before them anyways they proceeded to interrogate my daughter about smoking and all this time I nor my parents got a phone call,they proceeded to go through her belongings and also pretty much striped searched my daughter including from what my mother said they looked at her Brest without my consent. I am furious also a couple months ago my son hurt his foot and I was never called and it got worse during the day but the way some of the teachers have been treating my kids they are not comfortable going to them because they feel like they are mean or don't care. This is unacceptable in my mind i should be able to send my kids to school without worry but now I worry how the adults there are treating them. I have a lot more but I wanted to know do I have any attempt at a lawsuit because like I said there is more that's just some of what my kids are going through. Please respond. Sincerely concerned single parent

  5. California Sex Offender Management Board (CASOMB) End of Year Report 2014. (page 13) Under the current system many local registering agencies are challenged just keeping up with registration paperwork. It takes an hour or more to process each registrant, the majority of whom are low risk offenders. As a result law enforcement cannot monitor higher risk offenders more intensively in the community due to the sheer numbers on the registry. Some of the consequences of lengthy and unnecessary registration requirements actually destabilize the life’s of registrants and those -such as families- whose lives are often substantially impacted. Such consequences are thought to raise levels of known risk factors while providing no discernible benefit in terms of community safety. The full report is available online at. http://www.casomb.org/index.cfm?pid=231 National Institute of Justice (NIJ) US Department of Justice Office of Justice Programs United States of America. The overall conclusion is that Megan’s law has had no demonstrated effect on sexual offenses in New Jersey, calling into question the justification for start-up and operational costs. Megan’s Law has had no effect on time to first rearrest for known sex offenders and has not reduced sexual reoffending. Neither has it had an impact on the type of sexual reoffense or first-time sexual offense. The study also found that the law had not reduced the number of victims of sexual offenses. The full report is available online at. https://www.ncjrs.gov/app/publications/abstract.aspx? ID=247350 The University of Chicago Press for The Booth School of Business of the University of Chicago and The University of Chicago Law School Article DOI: 10.1086/658483 Conclusion. The data in these three data sets do not strongly support the effectiveness of sex offender registries. The national panel data do not show a significant decrease in the rate of rape or the arrest rate for sexual abuse after implementation of a registry via the Internet. The BJS data that tracked individual sex offenders after their release in 1994 did not show that registration had a significantly negative effect on recidivism. And the D.C. crime data do not show that knowing the location of sex offenders by census block can help protect the locations of sexual abuse. This pattern of noneffectiveness across the data sets does not support the conclusion that sex offender registries are successful in meeting their objectives of increasing public safety and lowering recidivism rates. The full report is available online at. http://www.jstor.org/stable/full/10.1086/658483 These are not isolated conclusions but are the same outcomes in the majority of conclusions and reports on this subject from multiple government agencies and throughout the academic community. People, including the media and other organizations should not rely on and reiterate the statements and opinions of the legislators or other people as to the need for these laws because of the high recidivism rates and the high risk offenders pose to the public which simply is not true and is pure hyperbole and fiction. They should rely on facts and data collected and submitted in reports from the leading authorities and credible experts in the fields such as the following. California Sex Offender Management Board (CASOMB) Sex offender recidivism rate for a new sex offense is 0.8% (page 30) The full report is available online at http://www.cdcr.ca.gov/Adult_Research_Branch/Research_Documents/2014_Outcome_Evaluation_Report_7-6-2015.pdf California Sex Offender Management Board (CASOMB) (page 38) Sex offender recidivism rate for a new sex offense is 1.8% The full report is available online at. http://www.google.com/url?sa= t&source=web&cd=1&ved= 0CCEQFjAA&url=http%3A%2F% 2Fwww.cdcr.ca.gov%2FAdult_ Research_Branch%2FResearch_ documents%2FOutcome_ evaluation_Report_2013.pdf&ei= C9dSVePNF8HfoATX-IBo&usg=AFQjCNE9I6ueHz-o2mZUnuxLPTyiRdjDsQ Bureau of Justice Statistics 5 PERCENT OF SEX OFFENDERS REARRESTED FOR ANOTHER SEX CRIME WITHIN 3 YEARS OF PRISON RELEASE WASHINGTON, D.C. Within 3 years following their 1994 state prison release, 5.3 percent of sex offenders (men who had committed rape or sexual assault) were rearrested for another sex crime, the Justice Department’s Bureau of Justice Statistics (BJS) announced today. The full report is available online at. http://www.bjs.gov/content/pub/press/rsorp94pr.cfm Document title; A Model of Static and Dynamic Sex Offender Risk Assessment Author: Robert J. McGrath, Michael P. Lasher, Georgia F. Cumming Document No.: 236217 Date Received: October 2011 Award Number: 2008-DD-BX-0013 Findings: Study of 759 adult male offenders under community supervision Re-arrest rate: 4.6% after 3-year follow-up The sexual re-offense rates for the 746 released in 2005 are much lower than what many in the public have been led to expect or believe. These low re-offense rates appear to contradict a conventional wisdom that sex offenders have very high sexual re-offense rates. The full report is available online at. https://www.ncjrs.gov/pdffiles1/nij/grants/236217.pdf Document Title: SEX OFFENDER SENTENCING IN WASHINGTON STATE: RECIDIVISM RATES BY: Washington State Institute For Public Policy. A study of 4,091 sex offenders either released from prison or community supervision form 1994 to 1998 and examined for 5 years Findings: Sex Crime Recidivism Rate: 2.7% Link to Report: http://www.oncefallen.com/files/Washington_SO_Recid_2005.pdf Document Title: Indiana’s Recidivism Rates Decline for Third Consecutive Year BY: Indiana Department of Correction 2009. The recidivism rate for sex offenders returning on a new sex offense was 1.05%, one of the lowest in the nation. In a time when sex offenders continue to face additional post-release requirements that often result in their return to prison for violating technical rules such as registration and residency restrictions, the instances of sex offenders returning to prison due to the commitment of a new sex crime is extremely low. Findings: sex offenders returning on a new sex offense was 1.05% Link to Report: http://www.in.gov/idoc/files/RecidivismRelease.pdf Once again, These are not isolated conclusions but are the same outcomes in the majority of reports on this subject from multiple government agencies and throughout the academic community. No one can doubt that child sexual abuse is traumatic and devastating. The question is not whether the state has an interest in preventing such harm, but whether current laws are effective in doing so. Megan’s law is a failure and is destroying families and their children’s lives and is costing tax payers millions upon millions of dollars. The following is just one example of the estimated cost just to implement SORNA which many states refused to do. From Justice Policy Institute. Estimated cost to implement SORNA Here are some of the estimates made in 2009 expressed in 2014 current dollars: California, $66M; Florida, $34M; Illinois, $24M; New York, $35M; Pennsylvania, $22M; Texas, $44M. In 2014 dollars, Virginia’s estimate for implementation was $14M, and the annual operating cost after that would be $10M. For the US, the total is $547M. That’s over half a billion dollars – every year – for something that doesn’t work. http://www.justicepolicy.org/images/upload/08-08_FAC_SORNACosts_JJ.pdf. Attempting to use under-reporting to justify the existence of the registry is another myth, or a lie. This is another form of misinformation perpetrated by those who either have a fiduciary interest in continuing the unconstitutional treatment of a disfavored group or are seeking to justify their need for punishment for people who have already paid for their crime by loss of their freedom through incarceration and are now attempting to reenter society as honest citizens. When this information is placed into the public’s attention by naive media then you have to wonder if the media also falls into one of these two groups that are not truly interested in reporting the truth. Both of these groups of people that have that type of mentality can be classified as vigilantes, bullies, or sociopaths, and are responsible for the destruction of our constitutional values and the erosion of personal freedoms in this country. I think the media or other organizations need to do a in depth investigation into the false assumptions and false data that has been used to further these laws and to research all the collateral damages being caused by these laws and the unconstitutional injustices that are occurring across the country. They should include these injustices in their report so the public can be better informed on what is truly happening in this country on this subject. Thank you for your time.

ADVERTISEMENT