May 14, 2008
Michael HoskinsThe primary election in Indiana has come and gone. Voters had to show photo identification, the same as in other recent
elections, but it was the first since the nation's highest court upheld the almost three-year-old state statute requiring
specific ID at the polls.
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April 30, 2008
Michael HoskinsLocal successes exist; systematic changes lag.
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January 30, 2008
Michael HoskinsThe Indiana Attorney General's Office wants the nation's highest court to review the 7th Circuit Court of Appeals ruling from
last summer on a death-penalty case, which inspired Zachary's Law that requires convicted child molesters to register their
addresses in a statewide public database.
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January 1, 2008
Rebecca BerfangerWhen considering law school, students may have the idea that getting a law degree will equal a large salary or a lifestyle
similar to television shows that portray lawyers in spacious apartments, wearing designer clothes, and hosting large events.
The reality is that may be true for some. For those who would rather work in politics, as in-house counsel, or start their
own business, the salary may be smaller, but depending on one's interests and career goals, it could be more...
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January 1, 2008
Jennifer NelsonThe 7th Circuit Court of Appeals upheld a former Lake County Recorder's convictions of extortion, but remanded so that his
sentence could be revised because the District Court placed too much weight on following the sentencing guidelines.In United
States of America v. Morris Carter, No. 06-2412, Morris Carter challenged his three convictions and sentence of 51 months
of incarceration on extortion charges. Carter was found guilty of violating the Hobbs Act, 18 U.S.C. Section 1951(a) while
he was still county recorder....
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January 1, 2008
Michael HoskinsHoosier voters should be ready to show their government-issued photo identification at the polls next week after the Supreme
Court of the United States gave a green light to Indiana's voter ID law. Other states may follow suit following the high court's
ruling Monday that upheld Indiana's three-year-old statute.But voters and the legal community should be just as ready for
a new wave of Election Day regulation and subsequent litigation because six justices agreed to some extent that voters could...
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January 1, 2008
Michael HoskinsSimply parking on a public street and watching someone's home doesn't alone fall within the definition of "impermissible"
conduct and can't be considered stalking, the Indiana Court of Appeals ruled today.In a case of first impression, the appellate
panel ruled 2-1 on Donald D. Vanhorn v. State of Indiana, 84-A01-0711-CR-505, overturning the Terre Haute man's conviction
for felony stalking. At issue in the case was the interplay between "harassment" and "impermissible contact" and whether enough
evidence existed to support a stalking conviction.Donald...
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January 1, 2008
Michael HoskinsAnswering a 217-year-old constitutional question, the U.S. Supreme Court issued a historic ruling this morning that the Second
Amendment protects an individual's right to have a gun in his or her home.The ideologically split 5-4 decision in District
of Columbia, et al. v. Heller, No. 07-290, struck down a city handgun ban in Washington, D.C., and defined the scope
of the gun rights amendment to the U.S. Constitution for the 21st century.Specific to this case, the court affirmed a Circuit
Court ruling...
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January 1, 2008
Michael HoskinsThe Indiana Tax Court has upheld a state agency's decision approving loans to fund fire department operations in a Morgan
County township.In Virginia Perry and Gregg Terhune, et al. v. Indiana Department of Local Government Finance, et al., No.
49T10-0712-TA-78, the court affirmed the DLGF's approval of two Madison Township loans - a reduced $409,000 emergency amount
for operating expenses and $650,000 for new vehicles and equipment - that the petitioning taxpayers didn't want to pay for
in 2007. Those taxpayers argued...
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January 1, 2008
Jennifer NelsonThe Indiana Attorney General must provide at least a verified petition to a court to enforce a civil investigative demand
and show the demand is proper, the Indiana Supreme Court ruled today.In Nu-Sash of Indianapolis, Inc. d/b/a McKee Sunroom
Designs v. Steve Carter, Indiana Attorney General, and Liberty Publishing, Inc. d/b/a Booster Club Productions, No. 49S02-0801-CV-16,
Nu-Sash appealed a trial court order that the company respond within 10 days to a civil investigative demand (CID) issued
by Attorney General Steve Carter regarding...
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January 1, 2008
Rebecca Berfanger Attorneys' total contributions nationally to 2008 presidential candidates*:If you've been getting calls since the primaries
or even earlier, asking you to donate to political party A or candidate B, or to help to spread the word about issue C, you're
not alone. It's no secret that attorneys - whether as individuals or as a combined effort of attorneys in a firm - contribute
to campaigns. In federal campaigns in 2004 and so far this year, Indiana lawyers are listed as...
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January 1, 2008
IL StaffAfter spending 22 years as the Indiana Supreme Court's director of information management, John Newman has decided it's time
to leave state government to pursue his passion for writing. Newman's last day is July 25. Newman started his career in state
government in 1970, taking oral history interviews for the Indiana State Library. He was later named Indiana's state archivist,
a position he held until 1986 when he became the director of information management for the Supreme Court.As court records
manager,...
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January 1, 2008
Jennifer NelsonA solvent, non-English speaking defendant in a criminal case must pay for a defense interpreter, but the court will continue
to provide for proceedings interpreters at the public's expense, ruled the Indiana Supreme Court, upholding a previous decision
by the Indiana Court of Appeals. The high court granted transfer to Jesus Arrieta v. State of Indiana, No. 10S05-0704-CR-139,
to determine whether Arrieta was entitled to a court-funded defense interpreter. Arrieta, who did not speak English, was charged
with dealing cocaine, a Class...
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January 1, 2008
Michael HoskinsIndiana Chief Justice Randall T. Shepard will give his annual State of the Judiciary address Wednesday.Next week will mark
the 21st time Chief Justice Shepard will give the address since assuming the court's top position in 1987, two years after
joining the appellate court. The hour-long annual address starts at 1:30 p.m. in the chambers of the Indiana House of Representatives
in Indianapolis.His address typically includes a discussion of the state courts' ongoing projects, accomplishments in the
past year, and future...
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January 1, 2008
Jennifer NelsonThe 7th Circuit Court of Appeals has affirmed the convictions of participating in a price-fixing conspiracy and making false
statements to federal law enforcement of an Indianapolis man involved in a concrete price-fixing scheme. In United States
of America v. Christopher A. Beaver, No. 07-1381, Beaver appealed his convictions, arguing the government failed to prove
at trial a price-fixing conspiracy existed, that he joined the conspiracy, or that he made false statements. Beaver, as operations
manager of Beaver Materials Corp., was one of...
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January 1, 2008
Jennifer NelsonThe 7th Circuit Court of Appeals upheld a defendant's drug conviction following a Franks hearing, affirming the U.S. District
Court's decision to reconsider one of its findings and to not compel the government to identify the confidential informant
in the case. The case of United States of America v. Antone C. Harris, No. 07-1315, made its way back to the 7th Circuit
after the federal appellate court originally remanded the case to the United States District Court, Southern District of Indiana,
Indianapolis...
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January 1, 2008
IL StaffThe Indiana Supreme Court's e-ticket system has won an honorable mention in the 2008 Best of the Web and Digital Government
Achievement Awards given by the Center for Digital Government. The court's electronic Citation and Warning System (eCWS) was
honored in the Government-to-Government category. Winners were recognized for the strides they have made to implement better
access and more efficient Web delivery of public services.The e-ticketing program allows law enforcement to use hand-held
devices to scan a bar code on driver's...
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January 1, 2008
Jennifer NelsonA new Midwest family law conference is looking for a few good papers to kick off its inaugural meeting in Indianapolis. The
conference, "Jazzing up Family Law," will be June 13 at Indiana University School of Law - Indianapolis. The Midwest Family
Law Consortium founding members - Indiana University School of Law - Indianapolis, University of Missouri - Kansas City, and
William Mitchell College of Law - are seeking papers and presenters for its family law conference. Papers can be submitted...
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January 1, 2008
Jennifer NelsonThe Indiana Supreme Court will hear arguments Thursday in three cases involving different issues - the cleanup of hazardous
material, a defendant sentenced to death, and a child-custody dispute. In the arguments scheduled at 9 a.m., the justices
will hear The Indiana Department of Environmental Management v. Raybestos Products Co., No. 49A02-0609-CV-782, in which
the Indiana Court of Appeals reversed a Marion Superior Court decision granting summary judgment for Raybestos on the issue
of breach of contract against IDEM. Raybestos filed a...
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January 1, 2008
Rebecca BerfangerA case where an African country's government was accused of kidnapping and torturing a journalist was decided on June 5 in
favor of the reporter and his family.Indianapolis attorney Dan Byron assisted the Ghana-based Media Foundation for West Africa,
which filed the suit on behalf of Chief Ebrima Manneh.Byron spent October and November in Africa and has remained in touch
with the foundation's attorneys since then.In what Byron called a "good day for human rights and press rights in West Africa"...
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January 1, 2008
Michael HoskinsArguments played out in the Supreme Court of the United States this morning on the legality of Indiana's voter identification
law.The nine justices heard an hour of arguments at 10 a.m. in the combined Hoosier cases of Crawford v. Marion County Election
Board, No. 07-21, and Indiana Democratic Party v. Rokita, No. 07-25. Both challenge the state's three-year-old voter photo
ID law that's been upheld by both U.S. District Judge Sarah Evans Barker and the 7th Circuit Court of Appeals.Stakes are...
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January 1, 2008
IL StaffThe Indianapolis Mayor's Office is currently accepting nominations for the Charles L. Whistler Award.The award is named after
a Baker & Daniels senior partner, Whistler, who gave his time and abilities to the Indianapolis community. At the time of
his death in 1981, he was chairman of the Greater Indianapolis Progress Committee's Urban Growth and Revitalization Task Force,
and the White River State Park Citizen's Advisory Committee. Nominations are open to anyone in Indianapolis except currently
appointed government employees and public...
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January 1, 2008
Rebecca BerfangerThe International Human Rights Law Society at Indiana University School of Law - Indianapolis will have more money to work
with now than its $375 budget from the beginning of the school year, thanks to the organization's vice president. The IHRLS
is the student group that has researched, written, and presented shadow reports to experts for the United Nations Human Rights
Council. Funds for the organization bring international human rights experts to speak at the school, present movie nights
that are...
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January 1, 2008
IL StaffCities and towns that want to use red-light cameras to catch traffic violators can't adopt an ordinance to implement the cameras
because current laws allow only the state to regulate moving traffic violations, Attorney General Steve Carter said.Carter
issued an official opinion Friday regarding whether a municipality can adopt an ordinance to use red-light cameras to determine
whether a driver has violated traffic laws. Carter issued the opinion in response to an inquiry from Sen. Earline Rogers,
D-Gary. The city of...
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January 1, 2008
Michael HoskinsFor the first time in 70 years, the U.S. Supreme Court is testing the scope of the Second Amendment and could decide what
"the right to keep and bear arms" means for the 21st century.Justices will consider the question Tuesday morning in District
of Columbia v. Heller, 07-290, which involves a citizen's challenge to a Washington, D.C., law banning him from keeping a
handgun in his home.At issue is to what extent the gun rights amendment to the Constitution applies to...
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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...
Yikes!