Indiana Lawyer Staff

Attorney called to serve

March 2, 2011
Rebecca Berfanger
As an attorney who was being deployed by the U.S. Navy Reserve to serve his country, there was no question that he would go. The support received from his firm for the year he was away made the experience manageable.
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Chief public defender retiring after 30 yearsRestricted Content

March 2, 2011
Michael Hoskins
If there had been more job prospects for English literature graduates in the early 1970s, Susan Carpenter may not have ever become Indiana’s state public defender.
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Would bill make immigrants feel unwelcome?

March 2, 2011
Rebecca Berfanger
As a contentious immigration law that went into effect in Arizona last summer continues to be challenged and further changes are being considered by Arizona lawmakers, similar bills at the state and local level, including one in the Indiana Statehouse, have been gaining traction.
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Indianapolis bottle cap company creates global legal work

March 2, 2011
Michael Hoskins
A soda or water bottle on the desk at work or a jug of juice in the refrigerator at home might be merely a refreshing drink for most people. But it’s a day at the office for Stephanie Blackman, a corporate attorney in the business of bottle caps or, as they are known in the food and beverage industry, closure systems.
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Hogsett takes his oath as U.S. attorney

March 2, 2011
IL Staff
U.S. Attorney for the Southern District of Indiana Joseph H. Hogsett took his official oath of office on Feb. 18 before a crowd of more than 200 members of the state’s legal community as well as U.S. Attorney General Eric Holder. The investiture ceremony was held at the Indiana Repertory Theatre in Indianapolis.
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Dinsmore sworn in as magistrate

March 2, 2011
IL Staff
U.S. Magistrate Judge Mark J. Dinsmore received his robe and took the official oath of office on Feb. 25 at an investiture ceremony in the Birch Bayh Federal Building in Indianapolis.
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Judicial panel promotes civic education

March 2, 2011
Michael Hoskins
The Indiana Supreme Court hosted a panel discussion recently to discuss the broad topic of judicial independence, taking a lesson about how the courts operate to an Indianapolis college campus.
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Process outlined for BLE search

March 2, 2011
Michael Hoskins
A month after applications were submitted for the state Board of Law Examiner’s executive director position, the Indiana Supreme Court has announced its plan to review those applications and narrow the field.
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COA adopts common-sense rule on providing insurance policies

March 1, 2011
Michael Hoskins
The Indiana Court of Appeals has adopted a common-sense rule many other courts throughout the country have implemented, in requiring insurers to provide copies of their insurance policies to the insured if they ask for one following a loss.
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7th Circuit seeks comment on e-filing rule changes

March 1, 2011
Michael Hoskins
The 7th Circuit Court of Appeals is revising its rules to require initial electronic filing of all documents, and the federal appellate court is taking public comment for the next three weeks.
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First impression case tackles wetlands issue

February 28, 2011
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded from liability to adjoining landowners whose properties as a result become federally regulated wetlands.
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High court takes 4 cases

February 28, 2011
IL Staff
The Indiana Supreme Court accepted four cases on transfer last week, including a case in which they released an opinion on the day they granted transfer.
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Governor appoints 3 judges

February 28, 2011
IL Staff
Gov. Mitch Daniels made three judicial appointments, filling vacancies in Howard, Jay, and Wells county courts.
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First Wednesdays return with immigration discussion

February 28, 2011
IL Staff
The American Civil Liberties Union of Indiana’s First Wednesday discussion series has returned. It kicks off March 2 with the panel discussion “Immigration: The Good, the Bad, and The Ugly.”
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Walkout creates uncertainty in House

February 25, 2011
Jennifer Nelson
It’s been a controversial week at the Indiana General Assembly with the walkout by many Democrats in the House of Representatives killing several bills in their current forms as legislative deadlines hit.
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High court seeks comment on foreclosure practices

February 25, 2011
IL Staff
The Indiana Supreme Court is accepting comments from the public on the proposed “Mortgage Foreclosure Best Practices” guidelines.
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Barnes & Thornburg opens Los Angeles office

February 25, 2011
Jennifer Nelson
Indianapolis-based Barnes & Thornburg has expanded again, this time to the West Coast. A Los Angeles, Calif., office opened today with six attorneys from Akin Gump Strauss Hauer & Feld.
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Court divided on purchase agreement termination

February 24, 2011
Jennifer Nelson
The judges on the Indiana Court of Appeals were split in deciding whether the seller of a condominium should have to refund a deposit to purchase after the buyers discovered electrical problems that turned out to be minor issues.
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COA: Summons should notify of risk of default judgment

February 24, 2011
Jennifer Nelson
Due process requires that a respondent in a dissolution proceeding be notified of the risk of default for not appearing or otherwise responding, the Indiana Court of Appeals held Thursday. The judges reversed a couple’s decree of dissolution, ruling it was void because the summons served on the wife was insufficient.
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Judges analyze 'use' of body armor for first time

February 24, 2011
Jennifer Nelson
The Indiana Court of Appeals interpreted the elements of unlawful use of body armor for the first time in a defendant’s appeal of his convictions following his attempt to flee from police.
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Justices accept certified question on misdemeanor voting

February 24, 2011
Jennifer Nelson
The Indiana Supreme Court has taken a question proposed by a federal court in a suit challenging the law that prevents voting by people with misdemeanor convictions.
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Race for LACE to benefit Kenya legal aid clinic

February 23, 2011
Rebecca Berfanger
Following the success of last year’s Race for LACE to support the Legal Aid Centre of Eldoret, Kenya, organizers are seeking participants for this year’s event that coincides with the 5K race held with the OneAmerica 500 Festival Mini-Marathon on May 7.
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COA divided on noncompete agreement, injunction

February 23, 2011
Jennifer Nelson
Even though Indiana courts strongly disfavor noncompete clauses in employment contracts as restraints of trade, the majority of Indiana Court of Appeals judges affirmed the grant of a preliminary injunction against a Porter County man. They found the company had a legitimately protectable interest in the man’s knowledge of its customers and market.
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New magistrate judge’s investiture Friday

February 23, 2011
IL Staff
Magistrate Judge Mark J. Dinsmore of the United States District Court for the Southern District of Indiana will be formally sworn-in Friday at the federal courthouse in Indianapolis.
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COA discusses vouching testimony in child molesting trials

February 22, 2011
Jennifer Nelson
The Indiana Court of Appeals addressed vouching testimony by witnesses called during child molesting trials in two opinions Tuesday. In one case, an appellate judge was troubled by the possible effect of the cumulative vouching testimony on the jury.
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  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

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