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High-profile federal trials slated for early 2009

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The first half of the year is shaping up to be a time of high-profile trials for Indiana's federal courts.

The U.S. District Court, Southern District of Indiana's first-ever federal death-penalty trial is slated for March. In May, a major energy company is expected to go through its second liability trial on clean-air violations while a former mayor is set to be tried on civil racketeering charges.

A capital trial is set to begin March 30 before Judge Richard Young in Evansville in the case of U.S.A. v. Jarvis Brown, No. 3:06-cr-00014. Brown faces execution for being part of a drug-trafficking conspiracy that resulted in four murders and eight people being shot in Indianapolis and Evansville several years ago.

Late last week, U.S. District Judge Larry McKinney in Indianapolis set May 11 to begin the nine-day trial in U.S.A., et al. v. Cinergy Corp., et al., No. 1:99-cv-1693, which would be the second trial within a year. In December, Judge McKinney determined that the original two-week liability trial in May 2008 - the nation's first to go before a jury on the issue of whether slight modifications at coal-fired power plants triggered the need for new pollution control equipment - was tainted because of potential attorney and witness misconduct. The judge ultimately opted not to sanction the lawyers involved, but he upheld his decision to set aside the original jury verdict finding that Cinergy had violated the U.S. Clean Air Act at its Wabash plant in Terre Haute but not at four other plants.

A first remedy trial happened earlier this month, but the discovery and remaining remedy aspects are stayed until after the second trial is complete.

That comes just two weeks before State v. Pastrick, et al., No. 3:04-cv-00506, is set to begin in the Northern District of Indiana. Former East Chicago Mayor Robert Pastrick and top mayoral aides James Fife and Timothy Raykovich face federal racketeering charges in that case. They are the only remaining defendants from an original 26 named in the case accusing high-ranking city officials of illegally using public money to pave sidewalks and other work in order to influence votes during the 1999 Democratic primary election. Senior Judge James Moody in Hammond on Friday set May 26 to begin the trial, which was postponed from January.

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  1. Welcome to Hendricks County where local and state statutes (especially Indiana Class C misdemeanors) are given a higher consideration than Federal statues and active duty military call-ups.

  2. If real money was spent on this study, what a shame. And if some air-head professor tries to use this to advance a career, pity the poor student. I am approaching a time that i (and others around me) should be vigilant. I don't think I'm anywhere near there yet, but seeing the subject I was looking forward to something I might use to look for some benchmarks. When finally finding my way to the hidden questionnaire all I could say to myself was...what a joke. Those are open and obvious signs of any impaired lawyer (or non-lawyer, for that matter), And if one needs a checklist to discern those tell-tale signs of impairment at any age, one shouldn't be practicing law. Another reason I don't regret dropping my ABA membership some number of years ago.

  3. The case should have been spiked. Give the kid a break. He can serve and maybe die for Uncle Sam and can't have a drink? Wow. And they won't even let him defend himself. What a gross lack of prosecutorial oversight and judgment. WOW

  4. I work with some older lawyers in the 70s, 80s, and they are sharp as tacks compared to the foggy minded, undisciplined, inexperienced, listless & aimless "youths" being churned out by the diploma mill law schools by the tens of thousands. A client is generally lucky to land a lawyer who has decided to stay in practice a long time. Young people shouldn't kid themselves. Experience is golden especially in something like law. When you start out as a new lawyer you are about as powerful as a babe in the cradle. Whereas the silver halo of age usually crowns someone who can strike like thunder.

  5. YES I WENT THROUGH THIS BEFORE IN A DIFFERENT SITUATION WITH MY YOUNGEST SON PEOPLE NEED TO LEAVE US ALONE WITH DCS IF WE ARE NOT HURTING OR NEGLECT OUR CHILDREN WHY ARE THEY EVEN CALLED OUT AND THE PEOPLE MAKING FALSE REPORTS NEED TO GO TO JAIL AND HAVE A CLASS D FELONY ON THERE RECORD TO SEE HOW IT FEELS. I WENT THREW ALOT WHEN HE WAS TAKEN WHAT ELSE DOES THESE SCHOOL WANT ME TO SERVE 25 YEARS TO LIFE ON LIES THERE TELLING OR EVEN LE SAME THING LIED TO THE COUNTY PROSECUTOR JUST SO I WOULD GET ARRESTED AND GET TIME HE THOUGHT AND IT TURNED OUT I DID WHAT I HAD TO DO NOT PROUD OF WHAT HAPPEN AND SHOULD KNOW ABOUT SEEKING MEDICAL ATTENTION FOR MY CHILD I AM DISABLED AND SICK OF GETTING TREATED BADLY HOW WOULD THEY LIKE IT IF I CALLED APS ON THEM FOR A CHANGE THEN THEY CAN COME AND ARREST THEM RIGHT OUT OF THE SCHOOL. NOW WE ARE HOMELESS AND THE CHILDREN ARE STAYING WITH A RELATIVE AND GUARDIAN AND THE SCHOOL WON'T LET THEM GO TO SCHOOL THERE BUT WANT THEM TO GO TO SCHOOL WHERE BULLYING IS ALLOWED REAL SMART THINKING ON A SCHOOL STAFF.

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