Government

White claims Brizzi ‘ignorant’ of law, jurors wowed by Super Bowl

March 22, 2013
Dave Stafford
Former Secretary of State Charlie White says his convictions on six charges ranging from vote fraud to theft should be tossed because they violated state and federal law. He also claims that his lawyer, former Marion County Prosecutor Carl Brizzi “was ignorant of the law.”
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Indiana Senate to hold hearings on crime bills

March 22, 2013
Marilyn Odendahl
Two crime bills moving through the Indiana General Assembly are on the agenda for Senate hearings next week.
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Cedar Lake allowed to dissolve Parks Department, board

March 21, 2013
Jennifer Nelson
A Lake Superior judge erred when she used Dillon’s Rule to determine the scope of the town of Cedar Lake’s legal authority to dissolve its park board and Parks Department, the Indiana Court of Appeals ruled Thursday. The proper legal inquiry is based on the state’s Home Rule Act.
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Problem-solving courts, CHINS legislation return to house of origin

March 20, 2013
IL Staff
The Indiana Senate passed several House bills Tuesday, including legislation expanding when a person can participate in a problem-solving court program. The House of Representatives returned bills on children in need of services petitions and prosecutor pensions back to the Senate.
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Despite constitutional concerns, judicial nomination bill advances

March 18, 2013
Dave Stafford
Proposed changes to the panel that recommends judges for the Indiana Supreme Court and Court of Appeals advanced to the House floor Monday, but not before some lawmakers said they reserved judgment on whether the measure was constitutional.
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Wabash College sophomore will design art project honoring Shepard

March 15, 2013
IL Staff
A child’s handprint designed by Wabash College sophomore John Vosel has been chosen as the monument to honor former Chief Justice Randall T. Shepard in a new Evansville park.
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DCS centralized hotline undergoes changes in advance of legislation

March 14, 2013
Marilyn Odendahl
Prior to the Indiana General Assembly implementing recommendations from an interim study committee, the Indiana Department of Child Services is making changes.
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Synthetic drug ban, human trafficking bills move out of committee

March 14, 2013
IL Staff
Senate bills stiffening the state’s synthetic drug ban and strengthening Indiana’s human trafficking laws were approved unanimously by the House of Representatives Committee on Courts and Criminal Code Wednesday.
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House Committee approves CHINS bill returning power to prosecuting attorneys

March 13, 2013
Marilyn Odendahl
A bill giving prosecuting attorneys the ability to file a Child in Need of Services petition continues to garner strong support in the Indiana General Assembly.
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Indiana Senate president pro tem pushes for Constitutional Convention

March 13, 2013
Marilyn Odendahl
Indiana Senate President Pro Tem David Long admits his effort to convene a state-driven Constitutional Convention will be a struggle.
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Refiguring workers' comp in Indiana

March 13, 2013
Dave Stafford
A House bill looks to raise worker benefits, causing a tug-of-war over hospital reimbursement.
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New FMLA rule expands provisions for military families

March 13, 2013
Marilyn Odendahl
Attorneys see the 20-year-old Act growing beyond its original intent.
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Applications open for Allen Superior Civil Division judge

March 12, 2013
IL Staff
Applications are open for qualified Allen County attorneys interested in serving as a judge in Superior Court, Civil Division.
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Humane Society, ASPCA target confined-hunting bill

March 11, 2013
Dave Stafford
Two-legged and four-legged lobbyists will head to the Indiana Statehouse on Tuesday to oppose a bill that would lift a ban on hunting animals in fenced areas.
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Indiana bar exam may change test topics

March 11, 2013
IL Staff
Hopeful attorneys who take the Indiana bar exam in 2016 may no longer have to write essays on commercial law, personal property, and taxation based on proposed changes from the Indiana Board of Law Examiners.
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Lawsuit accuses BMV of overcharging for driver’s licenses

March 7, 2013
Jennifer Nelson
A lawsuit filed in Marion County claims that the Indiana Bureau of Motor Vehicles has overcharged residents for their driver’s licenses by as much as $7 per license.
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Judge turns away challenge to smoking ordinance

March 7, 2013
IBJ Staff
A federal judge has denied a challenge to a smoking ordinance passed last year by the Indianapolis-Marion County City-County Council.
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School corporation’s renovation of building violated public bidding laws

March 6, 2013
Jennifer Nelson
The Indiana Court of Appeals ruled Wednesday that the Evansville Vanderburgh School Corporation’s renovation of a building to be used to house all administrative offices violated the state’s Public Bidding Laws.
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Senate panel to hear problem-solving courts, ‘sovereign citizen’ bills

March 5, 2013
IL Staff
Proposals to expand services offered by problem-solving courts and to attempt to curtail fraudulent liens and other tactics of so-called sovereign citizens will be heard Wednesday by the Senate Judiciary Committee.
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House committee to hear sex offender, immediate detention bills

March 4, 2013
IL Staff
The Senate Corrections & Criminal Law Committee meets Tuesday morning to hear four bills, including a bill altering registry requirements and procedures for sex offenses and sex offenders.
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Medicaid expansion not dead but Legislature still divided

February 28, 2013
Marilyn Odendahl
When talking about expanding Medicaid under the provisions of the Affordable Care Act, both sides of the aisle in the Statehouse focus on the same point – costs.
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Environmental groups lob new suit at I-69 work

February 28, 2013
Scott Olson
An Indiana environmental group once again is attempting to stop construction of the Interstate 69 extension between Evansville and Indianapolis by filing suit in federal court.
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Bill creating study of judicial retirement benefits moves to House

February 27, 2013
IL Staff
A Senate bill asking the Legislative Council to have the Pension Management Oversight Commission look at the retirement, disability and death benefits provided to judges and full-time magistrates passed out of the Senate Tuesday by a vote of 50-0.
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Senate defeats DNA collection bill

February 27, 2013
IL Staff
Legislation that would require every person arrested after June 30 for certain crimes to submit a DNA sample failed to pass the Senate Tuesday.
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Long expects Criminal Code revision will get Senate approval

February 27, 2013
Marilyn Odendahl
Indiana’s first major rewrite of the state’s Criminal Code in more than 30 years is now in the hands of the Senate where the Senate leader believes it will ultimately be approved.
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  1. 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

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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