Indiana Lawyer Staff

Officer's work with victims recognized

May 6, 2010
IL Staff
U.S. Attorney Timothy M. Morrison in the Southern District of Indiana gave Cumberland Police Officer Jimmy Laws the 2010 United States Attorney's Carol S. Morris Award for Outstanding Contributions to the Rights of Victims on May 5.
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Opinion rules on 2 issues of first impression

May 5, 2010
Jennifer Nelson
The Indiana Court of Appeals was faced with two issues of first impression in one opinion – the meaning of Indiana Code Section 27-9-3-34(d) and whether a party is entitled to a jury trial for disputes concerning claims in liquidation proceedings.
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Justices approve 'double enhancement'

May 5, 2010
Jennifer Nelson
The Indiana Supreme Court affirmed the use of the same prior conviction to both elevate a defendant’s charge to a felony and find him a habitual substance offender because of explicit legislative direction on the enhancements.
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Governor picks lawyers for boards, commissions

May 4, 2010
IL Staff
Several attorneys were among those Gov. Mitch Daniels appointed to various boards and commissions Monday.
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Comments sought on proposed rule changes

May 4, 2010
IL Staff
The Indiana Supreme Court Committee on Rules of Practice and Procedure is seeking comment on several proposed rule changes.
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Justices differ on reasonableness of GAL fees

May 3, 2010
Jennifer Nelson
If two parties in a domestic relations dispute sign a written contract to retain the services of a guardian ad litem, then the trial court must enforce the terms of the agreement unless it is contrary to public policy, the Indiana Supreme Court ruled Friday.
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Benton, Carroll counties on Odyssey

May 3, 2010
IL Staff
The courts in Benton and Carroll counties have joined nearly 50 other courts in the state using the Indiana Supreme Court Odyssey Case Management System. The courts and clerk’s offices in those counties went online Friday.
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7th Circuit grants writ of habeas corpus

May 3, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals reversed the denial of a habeas corpus petition, finding the Indiana Court of Appeals unreasonably applied federal law when it determined prior statements of identification by witnesses the government suppressed didn’t create a reasonable probability of a different result at trial.
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Judge to be honored for internship program

April 30, 2010
IL Staff
A Marion Superior judge will be recognized for providing internships to Indianapolis students that offer insight into the judicial system.
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High court grants 3 transfers

April 30, 2010
Jennifer Nelson
The Indiana Supreme Court granted transfer Thursday to three cases involving a murder conviction, a request for post-conviction relief, and the appointment of counsel for a mother involved in a termination proceeding.
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Judges affirm juvenile placement in DOC

April 30, 2010
Jennifer Nelson
The Indiana Court of Appeals was sympathetic to a teen’s request to not be placed in the Department of Correction, but it noted that all other remedies for his rehabilitation had been exhausted in his home county.
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Justices rule on sentence modification

April 30, 2010
Jennifer Nelson
A conviction of a Class D felony that is later reduced to a Class A misdemeanor doesn’t prevent a trial court from modifying a sentence below the statutory minimum, the Indiana Supreme Court ruled today in a matter of first impression.
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COA: Judge should have recused himself

April 29, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed with a defendant that he received ineffective assistance of trial counsel because his attorney should have filed a motion for change of judge. The sentencing judge had worked as a prosecutor in the early stages of the defendant’s case 10 years earlier.
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Judges reverse, reinstate sex-offender conviction

April 29, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed a man’s conviction of failing to register as a sex offender based on a lack of evidence showing the man had a connection to Indiana 90 days after his last registration. The appellate court did reinstate a vacated conviction for failing to notify law enforcement of his move within 72 hours.
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Identity thief forged Indiana federal judge's signature

April 29, 2010
Michael Hoskins
A convicted identity thief from Indiana with at least four aliases pleaded guilty earlier this week in a Montana federal court on charges that he not only impersonated a military officer and stole multiple identities, but also that he forged court documents last year and signed the name of U.S. Judge David F. Hamilton from the Southern District of Indiana.
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Justices: No error in declaring mistrial

April 28, 2010
A trial court's determination to discharge a jury at a defendant's second trial wasn't an abuse of discretion, the Indiana Supreme Court ruled Tuesday.
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Courts study changing surrogacy law

April 28, 2010
Michael Hoskins
Surrogacy law in Indiana is at a crossroads because of scientific and technological advances that give people more options to start a family.
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Longtime Indiana Judicial Center education director retires after 30 years

April 28, 2010
Michael Hoskins
Judicial education inside Indiana used to be much more like law school, where a knowledgeable "professor" would stand at the front of a room and lecture to "students" in the audience about a particular topic. That was how it was three decades ago, before Cathy Springer signed on as the Indiana Judicial Center's education director.
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Attorneys explore Egyptian culture, history

April 28, 2010
Rebecca Berfanger
After spending countless hours in an office, some attorneys seem to crave vacations that will take them out of their comfort zones. So maybe it's no surprise that nine out of 38 people on a trip to Egypt in late March were Indianapolis attorneys.
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Justices rule company engaged in UPL in trust mill case

April 28, 2010
Michael Hoskins
The Indiana Supreme Court orders an Indianapolis-based company to stop engaging in any conduct that might be considered unauthorized practice of law.
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Book targeting youth touches on deputy prosecutor's experiences

April 28, 2010
Rebecca Berfanger
An Allen County deputy prosecutor has published her first novel for young adults that, while entirely fiction, includes some references to issues she has dealt with in her work handling child abuse cases.
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Court pilot programs boost foreclosure conferences

April 28, 2010
Rebecca Berfanger
Foreclosure rates have remained at record highs for Indiana the past few years, and a court program to help homeowners hasn't been as successful as hoped. That's now changing.
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Judicial nominees on the road to confirmation

April 28, 2010
Michael Hoskins
When he was being considered for a seat on the federal appellate bench, Judge John D. Tinder recalled getting a phone call about an ongoing case just before he was set to appear before senators in Washington, D.C.
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Trial court lacks jurisdiction in tax suit

April 27, 2010
Jennifer Nelson
The Indiana Tax Court is the proper venue for a suit filed by the state to recover an erroneous tax refund, the Indiana Court of Appeals affirmed today.
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Judges affirm rulings in Iraq name-selling case

April 26, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals upheld the District Court's decisions in the appeals by the central Indiana man who tried to sell the names of CIA agents working covertly in Iraq shortly before the U.S. invaded the country in 2003.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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