Indiana Lawyer Staff

Articles about pending cases raise concernsRestricted Content

June 9, 2010
Michael Hoskins
At least two attorneys are questioning how some legal publications have included articles, columns, or other types of coverage on pending cases, and they worry that these articles may influence the judges on the cases.
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Indiana Justice Boehm stepping down after 14 years

June 9, 2010
Michael Hoskins
After more than a decade on the Indiana Supreme Court, Justice Theodore Boehm is ready to enter the next stage of his life and career.
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Criminal tax evasion offers legal option in targeting dog, puppy millsRestricted Content

June 9, 2010
Michael Hoskins
A July 2009 law put more strength behind local prosecutors and state regulators who can now more diligently pursue illegal animal activity of puppy mills who don't pay taxes.
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Groups to offer August seminars on attorney retirement

June 9, 2010
Rebecca Berfanger
There’s an old joke in the legal profession that attorneys never retire.So the Indiana State Bar Association and Indiana Judges and Lawyers Assistance Program have partnered to present three conferences in late August about retirement preparation.
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Schedule set to fill upcoming Indiana Supreme Court vacancyRestricted Content

June 9, 2010
Michael Hoskins
Anyone who wants to be the next Indiana Supreme Court justice has until the end of June to apply for upcoming vacancy on the state’s highest court.
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General counsel enjoys job for communications provider

June 9, 2010
Rebecca Berfanger
An attorney who works for a telecommunications cooperative in Hancock County has seen many changes since he was admitted to the Indiana Bar in June 1988.
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County official wants review of new ethics leaderRestricted Content

June 9, 2010
Michael Hoskins
A Dearborn County commissioner alleges the county’s former attorney has wrongly accused two officials of violating federal law and has asked the Indiana Supreme Court Disciplinary Commission to launch an investigation of its soon-to-be leader who starts in that office June 21.
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Senate votes on federal magistrate's nomination

June 9, 2010
Michael HoskinsMore

Justices order new trial based on traffic judge's conduct

June 9, 2010
Michael Hoskins
The Indiana Supreme Court has set the stage for a judicial disciplinary action against a Marion County Traffic Court judge for his courtroom conduct on a speeding and suspended license case last year.
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Court excited about magistrate's elevation

June 8, 2010
Michael Hoskins
Within a week, the state's third federal female judge could be ready to handle her constitutionally created duties in the Southern District of Indiana.
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7th Circuit upholds denial of alien's motion to dismiss

June 8, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals sidestepped ruling directly on the exhaustion requirement of a federal law dealing with an alien’s challenge to the validity of a deportation order. The appellate court could affirm the denial of the man’s motion to dismiss because he failed to meet any of the law’s exhaustion requirements.
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Nominees sought for pro bono Shepard award

June 8, 2010
IL Staff
The Indiana Pro Bono Commission is seeking nominees for the Excellence in Pro Bono Publico Randall T. Shepard Award.
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Court to award $290,000 for abuse programs

June 3, 2010
The Indiana Court Improvement Program has announced it will be giving away up to $290,000 in grants to programs that help families and children involved in cases of neglect or abuse.
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5 appeals judges up for retention

June 3, 2010
Michael HoskinsMore

Family law attorney to receive national award

June 2, 2010
Rebecca Berfanger
For doing pro bono work and for promoting pro bono work among others in the legal community, an Indianapolis attorney has learned she will receive a national award at the ABA Annual Meeting in San Francisco in August.
More

Justices deny transfer in more than a dozen cases

June 1, 2010
Rebecca Berfanger
The Indiana Supreme Court considered 13 appeals during the past week, denying them all and rejecting a case that it had previously agreed to hear.
More

Vote set on federal magistrate's nomination

June 1, 2010
Michael Hoskins
The U.S. Senate plans to vote Monday on an Indianapolis federal magistrate’s nomination for a constitutionally created judgeship in the Southern District of Indiana.
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SCOTUS reverses 7th Circuit on sex offender registration

June 1, 2010
Michael Hoskins
The nation’s highest court reversed the 7th Circuit Court of Appeals today on an Indiana case, holding that that a federal sex offender registry law does not apply to those convicts whose interstate travel happened before the 2006 statute took effect.
More

7th Circuit won't stay ruling, despite likely SCOTUS appeal

May 28, 2010
Michael Hoskins
The 7th Circuit Court of Appeals won’t stay its ruling that allows an independent state agency access to records about mentally ill inmates’ treatment, even though the Indiana government agency being sued is appealing to the Supreme Court of the United States.
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Court sets drug-court termination requirements

May 28, 2010
Elizabeth Brockett
An Indiana Court of Appeals ruling today sets requirements for drug court terminations after a man’s participation was terminated without minimum due process.
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COA: Breathalyzer certificate is not testimonial

May 28, 2010
Rebecca Berfanger
For the first time since the Supreme Court of the United States’ 2009 ruling that found a defendant had a Sixth Amendment right to confront the analysts who prepared lab certificates certifying the defendant had cocaine, the Indiana Court of Appeals ruled that a trial court did not violate the defendant’s right to confrontation by allowing the inspection certificate for a breathalyzer into evidence, even though the certifier of the equipment did not testify at trial.
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Justices vacate transfer grant, reinstate COA ruling

May 27, 2010
Michael Hoskins
The Indiana Supreme Court has decided to not consider a case that justices had granted transfer on late last year, reinstating a lower appellate court’s ruling that a trial judge had abused her discretion in admitting a blood test in a drunken driving case.
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Disciplinary Commission asked to investigate its new leader

May 27, 2010
Michael Hoskins
A Dearborn County commissioner is accusing the county attorney of wrongly accusing two officials of violating federal law and wants the Indiana Supreme Court Disciplinary Commission to launch an investigation of its soon-to-be leader who starts in that office in mid-June.
More

Justices rule on case about worker's compensation, damages

May 27, 2010
Michael Hoskins
Upholding a trial court ruling in a case stemming from a construction site accident, the Indiana Supreme Court has offered guidance for future trials about how juries should calculate a plaintiff’s already-paid compensation benefits when determining punitive damage awards.
More

Justices reprimand 2 former deputy prosecutors

May 26, 2010
Michael Hoskins
Two former Marion County deputy prosecutors have received public reprimands from the state’s highest court for drunken driving incidents.
More
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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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