Recent Blog Posts

Judge reflects on new position on 1-year anniversary of confirmation

November 24, 2010
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7th Circuit Court of Appeals Judge David F. Hamilton took a few minutes to reflect on the past year since his confirmation to the federal appellate court.
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Lawyers letting go of expensive leases

November 19, 2010
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Attorneys want out of their expensive car leases based on data from one auto-lease website.
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Breaking up the court opinion monotony

November 16, 2010
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Legal opinions are usually boring, and as someone who has to frequently read them, I’m happy whenever there’s something a little out of the ordinary included.
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Here kitty, kitty - law students support animal rights

November 11, 2010
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To encourage interest for a newly formed animal law organization at Indiana University Maurer School of Law, members organized a visit to the Exotic Feline Rescue Center in Center Point.
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Learning while driving

November 8, 2010
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After countless drives along an Indiana road, I finally learned it’s named after a longtime southern Indiana attorney.
 
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Next COA chief judge will get to be chief

November 3, 2010
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It’s a good thing the general public retained Indiana Court of Appeals Judge Margret Robb or else the appellate court would have had to hold another election for its next chief judge.
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Judge's acknowledgement is refreshing

November 2, 2010
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Here’s something you don’t see every day: a public official acknowledging a mistake and even alerting the news media about the mess up.
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Guardians of freedom

November 1, 2010
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Why not use the oft-misquoted Shakespeare line as a means to explain how vital the profession is for protecting our freedoms?
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IP issues for cult campy horror movie

October 29, 2010
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October, particularly Halloween weekend, seems to be the one weekend where it’s OK to dress up as a character or object or whatever and, for some, not just to “dream it” but to “be it.” Or at least dress like you want to “be it.” And if you get that reference, you’re probably a fan of “The Rocky Horror Picture Show.”

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Lighter side of nominating commission

October 27, 2010
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Though they were tending to an important job of choosing three finalists to possibly become the next Indiana Tax Court judge, the members of the Judicial Nominating Commission made sure to have some fun and some laughs during the interviews on Wednesday.
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Tax Court interviews conclude; deliberations begin

October 27, 2010
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The Judicial Nominating Commission wrapped up interviews just after noon, and the seven members are now deliberating on whom they will select as finalists for the Indiana Tax Court opening. The three names will be submitted to Gov. Mitch Daniels, who makes the final appointment.
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Indiana Tax Court interviews under way

October 27, 2010
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The Judicial Nominating Commission is interviewing seven semi-finalists this morning for the Indiana Tax Court opening.
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Second continuance for Brizzi

October 26, 2010
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Marion County prosecutor's disciplinary hearing postponed again.
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Ad deja vu

October 25, 2010
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Consider 2010 an echo of the general election season back in 2008, when two attorneys were vying for the Indiana Attorney General post.
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North Carolina candidate wants me to elect him to its high court

October 19, 2010
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A junk e-mail from a North Carolina justice candidate reinforces my support for Indiana’s way of filling the appellate benches.
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Dinner recognizes challenges of economy, praises efforts of community

October 18, 2010
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Pro bono dinner on Friday featured discussion about low IOLTA funds, a new LRAP matching fund program of the IBF, and award winners - including an attorney who gave nearly 400 hours to help 144 clients in northeast Indiana in his first year of retirement.
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Rule changes miss important update

October 15, 2010
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Lawyer advertising rules have been updated, but they don’t address an important issue for attorneys.

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Access to DNA evidence

October 11, 2010
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Shouldn’t courts and the state want to be absolutely certain the person sitting on death row actually committed the crime?
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Lawyer Assistance Programs reach out to law schools

October 6, 2010
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National conference of Lawyer Assistance Programs in Indianapolis includes panel discussion on efforts in law schools to address issues that could cause concern after the student graduates and faces bar admission.
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Students learn about elections in time for today's registration deadline

October 4, 2010
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Earlier today, the last day to register to vote in Indiana, Marion County Clerk Beth White spoke to students in an Indianapolis classroom about how they can get involved with the elections process. Students who will be 18 by Nov. 2 were also given the chance to register. This fall, she has visited about a dozen schools.
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Mississippi considers mandatory pro bono or fee - should Indiana follow?

October 1, 2010
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Attorneys in Mississippi have until today to respond to a proposed rule change that would require them to either give 20 hours of pro bono service or pay a $500 fee. Indiana has never suggested mandatory pro bono. Other states require reporting, but not pro bono service. Is it a good idea to mandate pro bono, or should an attorney only volunteer to do it if his heart is in the right place?
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The final 2 interviews

September 27, 2010
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The last two applicants for Indiana Tax Court are interviewed.
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Tax Court interviews continue

September 27, 2010
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The interviews for Indiana Tax Court judge discuss pro se litigant issues, isolation of being a judge, and being a "tax nerd."
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Morning interviews wrap up

September 27, 2010
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Tax Court hopefuls explain how their backgrounds would be helpful if they were judge.
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The interviews continue

September 27, 2010
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Michael Hoskins reports on the next three applicants for Indiana Tax Court.
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  1. 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.

  2. 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;

  3. The story that you have shared is quite interesting and also the information is very helpful. Thanks for sharing the article. For more info: http://www.treasurecoastbailbonds.com/

  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  5. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

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