January 1, 2009
Michael HoskinsA decision today from the Supreme Court of the United States will have an immediate impact on Indiana, where state justices
are considering at least two cases about whether lab technicians who've tested evidence in a case must appear on the stand.
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January 1, 2009
Michael HoskinsThe state's top executive has rejected the idea of scrapping merit selection in St. Joseph County, but it remains unclear
whether lawmakers will attempt to override that veto during a special session.On the final day he had to take action, Gov.
Mitch Daniels used his veto power for the third time this session and rejected House Enrolled Act 1491, which called for non-partisan
elections to choose the county's eight Superior judges for six-year terms. It also called for the creation of...
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January 1, 2009
Michael HoskinsThe veteran federal prosecutor who's filled in three times as interim chief has been chosen for the permanent role as U.S.
Attorney for the Northern District of Indiana, the White House announced this morning. David Capp, who's been a federal prosecutor
for 24 years, has been the acting U.S. Attorney in the Northern District since July 2007, filling the spot after Joseph Van
Bokkelen's confirmation to the District Court. Democratic Sen. Evan Bayh nominated Capp for the job from several...
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January 1, 2009
Michael HoskinsA federal judge has sanctioned an Indianapolis law firm that employed a few attorneys he says helped abuse the discovery process,
failed to correct misleading or false statements made by its client, and didn't properly turn over to the court or opposing
counsel key documents relating to an environmental contamination case out of Southern Indiana.In a 66-page order issued Friday,
U.S. District Judge Larry McKinney in the Southern District of Indiana determined that Bose McKinney & Evans should be sanctioned
for...
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January 1, 2009
Jennifer NelsonBecause the trial court may have made confusing remarks at a man's guilty plea hearing indicating he "may" have waived the
right to appeal, only to later inform him of his right to appeal, the Indiana Court of Appeals concluded the defendant hadn't
waived that right to appeal. The appellate court did affirm the defendant's 30-year advisory sentence for dealing in cocaine,
finding he failed to prove it was inappropriate. In Luis Ruiz Bonilla v. State of Indiana, No. 20A05-0902-CR-85, the...
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January 1, 2009
Jennifer NelsonThe Indiana Supreme Court released an order this afternoon suspending LaPorte Superior Judge Jennifer Koethe following her
indictment on a charge of felony attempted obstruction of justice. Pursuant to Indiana Admission and Discipline Rule 25(V)(A),
the high court shall suspend a judge with pay if he or she is indicted on a felony charge. The suspension takes effect at
midnight May 11 and will continue until further order of the court. As a result of Judge Koethe's suspension, the Supreme
Court...
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January 1, 2009
IL Staff The Senate Judiciary Committee plans to vote June 4 on U.S. Judge David Hamilton's nomination for the 7th Court of
Appeals. The panel had postponed the vote originally planned for May 21 to give some members more time to review the judge's
record. An agenda shows the executive business meeting will begin at 10 a.m. and be webcast live.
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January 1, 2009
IL Staffst1\:*{behavior:url(#ieooui) } Former Indiana Supreme Court Justice Richard Givan has died, according to a news release from
the court. He was 88. Justice Givan was elected to the court in 1968 and served continuously until his retirement in December
1994. He served as chief justice from November 1974 to March 1987. He received an LL.B. from Indiana University in 1951 and
was admitted to the Indiana bar in 1952. A fourth generation lawyer, his great-grandfather, Noah S. Givan, was a circuit...
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January 1, 2009
Michael HoskinsAn Indianapolis attorney has received a public reprimand in the third and final leg of a yearlong disciplinary triangle, which
has led to a Marion Superior judge's suspension and a commissioner's resignation and banishment from the bench.
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January 1, 2009
Michael HoskinsGov. Mitch Daniels has vetoed legislation that would have ended merit-selection of St. Joseph Superior judges and instead
made them run for office in non-partisan elections and create a new three-judge panel for the Indiana Court of Appeals. On
the deadline for action on House Enrolled Act 1491, the governor late this afternoon used his veto power for the third time
this session and rejected it. The legislation would have called for non-partisan elections to choose the county's eight Superior
judges...
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January 1, 2009
Jennifer NelsonThe Indiana Supreme Court will hear arguments in three cases Thursday, including a suit in which a woman claims a casino took
advantage of her gambling addiction. Arguments begin at 9 a.m. in Caesars Riverboat Casino LLC v. Genevieve Kephart, No.
31S01-0909-CV-303. Caesars originally filed a suit against Genevieve Kephart after she failed to repay a gambling debt. The
casino sought repayment, treble damages, and attorney fees. But Kephart counterclaimed, arguing the casino unjustly enriched
itself because it knew she had...
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December 31, 2008
Jennifer NelsonA panel of Indiana Court of Appeals judges disagreed today as to whether a man's convictions of attempted sexual misconduct
with a minor and attempted dissemination of matter harmful to minors should be reversed because his intended victim was actually
a police officer conducting an online sting operation.
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December 30, 2008
IL StaffThe United States District Court for the Southern District of Indiana has amended its Local Rule 65.2 - Motions for Preliminary
Injunctions and Temporary Restraining Orders.
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December 30, 2008
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court's dismissal of a woman's claims against her former tenants, finding
the court misinterpreted a previous appellate ruling to support the dismissal.
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December 30, 2008
Jennifer NelsonThe Indiana Court of Appeals affirmed the 17-year sentence for a woman convicted of prostituting her daughter, finding her
sentence was appropriate and that an even longer sentence could be justified.
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December 29, 2008
Jennifer NelsonThe Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce
rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document.
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December 29, 2008
Jennifer NelsonThe Indiana Court of Appeals affirmed that the state's sex and violent offender registry doesn't violate the Indiana
Constitution by requiring violent offenders to register for a 10-year period or for life.
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December 29, 2008
Jennifer NelsonThe Indiana Supreme Court tackled the issue of the interaction of the statute of limitations provision under the state's
Wrongful Death Act and the statute of limitations provision for an underlying substantive tort claim in two opinions released
Dec. 24.
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December 24, 2008
Michael HoskinsOne of Indiana's most well-known pro se prisoner litigants continues to be a subject for the state's appellate courts.
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December 24, 2008
Michael HoskinsA northern Indiana deputy prosecutor and soon-to-be LaPorte Superior judge was shot in her home late Monday night.
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December 23, 2008
Michael HoskinsA convicted sex offender accused of failing to register will get a new trial, the Indiana Court of Appeals ruled today.
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December 23, 2008
Michael HoskinsThe Indiana Supreme Court says the state's two-decade old law on pre-recorded, autodialed calls isn't limited to those
placed to consumers with commercial messages. But justices stopped short of deciding how the law applies to political messages,
leaving that question for another day.
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December 22, 2008
Michael HoskinsA Muncie law firm will remain intact after both of its longtime partners take the bench in January.
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With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.
In regards to bill's comment about trusting the cover meant. We can trust them about as much as we can trust attorneys'.
This is disturbing to learn...