Indiana Lawyer Staff

Anderson attorney resigns following child porn charges

May 26, 2010
Michael Hoskins
The Indiana Supreme Court has accepted the resignation of an Anderson attorney who faces federal criminal charges for possession and distribution of child pornography.
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Court rejects stale trash evidence argument

May 26, 2010
Michael Hoskins
The Indiana Court of Appeals has rejected an argument that evidence found in a trash search was stale because no other garbage had been collected in the past two weeks and that seized material could have been too old.
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Editorial: Hunt for victims' rights

May 26, 2010
Editorial Indiana Lawyer

Here at the newspaper, we’re big fans of the First Amendment to the United States Constitution. But we understand the need for and exuberance some individuals feel for the Second Amendment: “A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.”

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Debate swirls around citations, use of the NFP

May 26, 2010
Michael Hoskins
Envision a world in which lawyers successfully defended a client on what all parties thought was a significant legal issue, but future attorneys couldn't use that case result to help persuade judges in their litigation.
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Indiana Scouts proud of their own

May 26, 2010
Michael Hoskins
A small paperweight sits on attorney Terry White’s desk in Evansville, reminding him of an organization and motto that’s been a central part of his life since childhood. No matter the issue he faces in the legal world or in his personal life, he knows that he can always find guidance in the phrase close to his heart.
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Racing for legal aid

May 26, 2010
IL Staff
Racers raise money for Legal Aid Centre of Eldoret.
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International jurist visits Indiana

May 26, 2010
IL Staff
The president of the United Nations International Criminal Tribunal for the former Yugoslavia in The Hague was recently honored in Indiana.
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Attorneys say ruling confuses discovery regarding expert materials

May 26, 2010
Michael Hoskins
A liability lawsuit filed by the victims of a water-heater explosion a year after the May 2004 blast has erupted in its own metaphorical explosion of discovery disputes.
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Students benefit from internship experiences

May 26, 2010
Rebecca Berfanger
Sometimes a seemingly small gesture can turn into something bigger. Or at least that’s the thinking with various so-called pipeline programs aimed at high school and college students with a goal of increasing diversity in the legal field.
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ICLEO initiative gets national attention from rising fellows

May 26, 2010
Michael Hoskins
When he was named to the Madison Circuit bench late last year, Judge Rudolph “Rudy” Pyle III made history in that he became not only the county’s first African-American jurist but also the first Indiana Conference for Legal Education Opportunities graduate to be elevated to the state’s judiciary at that level.
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Predicting IOLTA fund revenues

May 26, 2010
Rebecca Berfanger
All that is known about funding for Indiana’s 14 pro bono districts is that no one yet knows exactly how much the districts will receive in October for their 2011 budgets.
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Supreme Court analyzes appellate review rule on sentences

May 25, 2010
Addressing an issue that’s divided the state’s intermediate appeals judges, the Indiana Supreme Court has held that review under Appellate Rule 7 may include consideration of a person’s total penal consequences within a trial court sentence.
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Search begins for new Supreme Court justice

May 25, 2010
Michael Hoskins
For the first time in more than a decade, Indiana’s Supreme Court will find itself searching for a new justice.
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Sexually violent predator petitions must be refiled

May 24, 2010
Jennifer Nelson
The status as a sexually violent predator for two inmates stands for now, but the Indiana Court of Appeals directed the men to refile their motions to remove that status pursuant to the recently amended statute dealing with this issue.
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Judges rule on pre-existing condition case

May 21, 2010
Highlighting the highly controversial health care debate that’s played out during the past year, the 7th Circuit Court of Appeals today ruled on a pretty straightforward case about a pre-existing condition clause that denied a man’s claim for long-term disability benefits.
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Attorney General promotes 2 of its own internally

May 21, 2010
Michael Hoskins
The Indiana Attorney General’s Office has promoted one of its longtime lawyers to a second-in-command spot that means guiding 144 state government attorneys and working more closely with local prosecutors, police officers, and those in the county criminal justice systems.
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Court: Police shouldn't have made traffic stop

May 19, 2010
Michael Hoskins
An appellate decision today in a drunk-driving traffic stop case out of Fort Wayne illustrates how a lack of knowledge about a particular road’s layout can derail the prosecution of someone who may have been intoxicated behind the wheel.
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Indianapolis law school grad tapped to lead TSA

May 18, 2010
Michael Hoskins
A former Hoosier attorney who graduated from Indiana University School of Law - Indianapolis is now being tapped for a leading role at the federal agency responsible for strengthening security and screening measures at the nation's airports.
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7th Circuit rules against Indianapolis attorney

May 18, 2010
Michael Hoskins
An Indianapolis attorney has lost a federal appeal that involves his being forced to resign as manager of the title insurance division after writing a memo that criticized his boss.
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Security concerns should be part of record

May 17, 2010
Michael Hoskins
The Indiana Supreme Court wants state trial judges to offer written guidance if and when courthouse or jury security concerns come up during trial.
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Court rules on sex offender status decisions

May 17, 2010
Michael Hoskins
Tackling the issue of who determines whether a convicted sex offender is considered a “sexually violent predator,” the Indiana Court of Appeals today issued the latest ruling in a line of cases about the state’s sex offender registry and how convicts’ names are removed.
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Indiana AG officially joins health care suit

May 14, 2010
Michael Hoskins
Following through on a promise from more than a month ago, the Indiana Attorney General today joined a lawsuit challenging the new federal health care law passed by Congress earlier this year.
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COA affirms resisting police conviction

May 13, 2010
Jennifer Nelson
The Indiana Court of Appeals was hesitant to rely on an Indiana Supreme Court case’s definition of “forcibly resist” because that language doesn’t appear to adequately describe the meaning of the phrase as it has been recently applied.
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Lawyer competition donates 50 tons of food

May 13, 2010
IL Staff
Attorneys from around the state raised more than 50 tons of food through the Attorney General’s annual March Against Hunger competition.
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7th Circuit overrules itself in satellite TV case

May 13, 2010
Michael Hoskins
The 7th Circuit Court of Appeals overruled one of its own decisions from 20 years ago, finding that judges have discretion in whether penalties are imposed on those who steal encrypted television satellite signals or help others take them without paying for the service
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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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