Indiana Lawyer Staff

Some District Courts closed due to weather

February 1, 2011
IL Staff
Some of the federal courts in both of Indiana’s districts are closed because of the inclement weather.
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7th Circuit extends search, detainment precedent

February 1, 2011
Michael Hoskins
More than two decades ago, the 7th Circuit Court of Appeals said that a higher precedent allowed not only residents of a home being searched to be detained, but also that visitors to that location could be detained.
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Indiana courts to host judicial independence panel discussion

February 1, 2011
Michael Hoskins
The Indiana Supreme Court is hosting a panel discussion in mid-February to discuss the broad topic of judicial independence and how courts operate in our democracy, and it’s turning to the online and social media world to help shape how the event unfolds.
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Weather causes closures, cancellations

February 1, 2011
Jennifer Nelson
The ice and snow falling in central Indiana has led to cancellations of two court events and closed the Indiana General Assembly.
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Florida judge rules health-care law unconstitutional

January 31, 2011
Jennifer Nelson
A federal judge in Florida has found that Congress has exceeded its authority in passing sweeping health-care reform in 2010 by including the individual mandate that people must purchase health insurance by 2014 or pay a penalty. Indiana had joined with 25 other states, two individuals, and the National Federation of Independent Business to challenge the law.
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Appeals court warns parties against no-response strategy

January 31, 2011
Michael Hoskins
A Marion Superior judge didn’t err in holding a big tax resolution company in contempt for failing to appear by closing six of its state offices and then issuing a default judgment against the firm, the Indiana Court of Appeals has ruled.
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COA: Man has exhausted compensation benefits

January 31, 2011
Jennifer Nelson
An Indiana statute is ambiguous as to whether a person who has exhausted his actual worker’s compensation benefits prior to 500 weeks is eligible to receive benefits from the Second Injury Fund starting on the date of the exhaustion of the actual benefits, the Indiana Court of Appeals concluded today.
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Law school’s Egypt program temporarily shut down due to protests

January 31, 2011
Rebecca Berfanger
In light of recent protests in Egypt which have resulted in looting and fires in the streets as demonstrators demand the resignation of President Hosni Mubarak, the Indiana University School of Law – Indianapolis program, in association with the Alexandria and Cairo University Faculties of Law has halted operations, at least for the time being.
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Oral argument rescheduled

January 31, 2011
IL Staff
The Indiana Court of Appeals has rescheduled the oral argument set for Tuesday, Feb. 1, in Indianapolis.
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Justices accept parental-rights termination case

January 31, 2011
Jennifer Nelson
The Indiana Supreme Court has taken a Marion County case involving the termination of a mother’s parental rights in which the Indiana Court of Appeals took issue with several details in the case.
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Appeals court rules on Ohio River phone-stalking case

January 28, 2011
Michael Hoskins
The Indiana Court of Appeals has reaffirmed its standing that prosecutors can’t elevate a misdemeanor crime to a felony if the defendant didn’t know the victim worked in law enforcement.
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Federal judge rules against state on immigrant paternity case

January 28, 2011
Michael Hoskins
Sitting at the crossroads between immigration law, paternity establishment, and the controversy on how the United States handles illegal immigrants, a federal judge in Indianapolis has ordered state health officials to stop denying unmarried immigrant parents without a Social Security number the ability to file an affidavit establishing paternity.
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90+ applications received for BLE director job

January 28, 2011
IL Staff
More than 90 people applied for the state Board of Law Examiner's executive director position by the Jan. 21 application deadline.
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Court seeks ICLEO applicants

January 28, 2011
Rebecca Berfanger
The Indiana Supreme Court posted a reminder on its website today that applications for the Indiana Conference for Legal Education Opportunity are due March 1 for the 2011 ICLEO summer institute that will take place at Notre Dame Law School from June 13 through July 22.
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Federal judge certifies state question on misdemeanor voting

January 27, 2011
Michael Hoskins
A federal judge in Indianapolis wants the Indiana Supreme Court to decide whether the term “infamous crime” as used in the state constitution applies to misdemeanors and can be used to keep those convicts from voting.
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Longtime Bloomington law professor dies

January 27, 2011
IL Staff

An Indiana University Maurer School of Law professor who taught at the law school for more than 40 years died Wednesday. The law school announced Patrick L. Baude, the Ralph F. Fuchs Professor Emeritus of Law and Public Service at Indiana University Maurer School of Law died in his Bloomington home after a brief illness.

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7th Circuit: Staff should have told inmate to stop taking aspirin

January 26, 2011
Jennifer Nelson
A District Court erred in granting summary judgment for the government on an inmate’s suit claiming his complications from a surgery were the result of the prison medical staff disregarding instructions he stop taking blood thinners prior to his surgery.
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Majority upholds dismissal of unemployment benefits appeal

January 26, 2011
Jennifer Nelson
The Indiana Court of Appeals split today on whether a woman’s appeal after she was denied unemployment benefits should be reinstated. The woman claimed she missed the administrative law judge’s phone call because of confusion regarding different time zones.
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Marion County has first human trafficking conviction

January 26, 2011
IL Staff
The conviction of a man on human trafficking charges Tuesday is the first time the Marion County Prosecutor’s Office has convicted someone on that charge since the state’s human trafficking law was enacted in 2007.
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Justices uphold Baer's death penalty

January 26, 2011
Jennifer Nelson
The Indiana Supreme Court has unanimously affirmed the denial of a murderer’s petition for post-conviction relief, leaving his death sentence in place.
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Law firm files class-action lawsuit for estate planning UPL

January 25, 2011
Michael Hoskins
A Logansport law firm has filed a class-action lawsuit against an Indianapolis company that the state’s highest court last year determined engaged in the Unauthorized Practice of Law, suing on behalf of thousands of residents for what attorneys estimate could be $10 million to $20 million in damages.
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New assistant dean at Indianapolis law school

January 25, 2011
IL Staff
Indiana University School of Law – Indianapolis has hired a new assistant dean for student affairs, the school announced Monday afternoon.
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Federal act preempts state law claims

January 25, 2011
Jennifer Nelson

The Indiana Court of Appeals held that the Federal Employees’ Group Life Insurance Act preempts state law claims brought by a man’s first ex-wife seeking to keep her and her grandchildren as beneficiaries of the man’s life insurance policy.

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Court's community-service policy is unenforceable

January 25, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court’s order that an indigent small claims litigant perform community service in lieu of paying a filing fee, holding the informal local rule requiring community service is unenforceable.
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Lawsuit challenges free-expression restriction at airport

January 24, 2011
Jennifer Nelson
A Fort Wayne man is suing the Allen County Airport Authority because he claims a recently enacted resolution severely restricts his ability to protest the new screening procedures implemented by the Transportation Security Administration.
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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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