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. All the lawyers involved in this don't add up to a hill of beans; mostly yes-men punching their tickets for future advancement. REMF types. Window dressing. Who in this mess was a real hero? the whistleblower that let the public know about the torture, whom the US sent to Jail. John Kyriakou. http://www.nytimes.com/2013/01/26/us/ex-officer-for-cia-is-sentenced-in-leak-case.html?_r=0 Now, considering that Torture is Illegal, considering that during Vietnam a soldier was court-martialed and imprisoned for waterboarding, why has the whistleblower gone to jail but none of the torturers have been held to account? It's amazing that Uncle Sam's sunk lower than Vietnam. But that's where we're at. An even more unjust and pointless war conducted in an even more bogus manner. this from npr: "On Jan. 21, 1968, The Washington Post ran a front-page photo of a U.S. soldier supervising the waterboarding of a captured North Vietnamese soldier. The caption said the technique induced "a flooding sense of suffocation and drowning, meant to make him talk." The picture led to an Army investigation and, two months later, the court martial of the soldier." Today, the US itself has become lawless.

  2. "Brain Damage" alright.... The lunatic is on the grass/ The lunatic is on the grass/ Remembering games and daisy chains and laughs/ Got to keep the loonies on the path.... The lunatic is in the hall/ The lunatics are in my hall/ The paper holds their folded faces to the floor/ And every day the paper boy brings more/ And if the dam breaks open many years too soon/ And if there is no room upon the hill/ And if your head explodes with dark forbodings too/ I'll see you on the dark side of the moon!!!

  3. It is amazing how selectively courts can read cases and how two very similar factpatterns can result in quite different renderings. I cited this very same argument in Brown v. Bowman, lost. I guess it is panel, panel, panel when one is on appeal. Sad thing is, I had Sykes. Same argument, she went the opposite. Her Rooker-Feldman jurisprudence is now decidedly unintelligible.

  4. November, 2014, I was charged with OWI/Endangering a person. I was not given a Breathalyzer test and the arresting officer did not believe that alcohol was in any way involved. I was self-overmedicated with prescription medications. I was taken to local hospital for blood draw to be sent to State Tox Lab. My attorney gave me a cookie-cutter plea which amounts to an ALCOHOL-related charge. Totally unacceptable!! HOW can I get my TOX report from the state lab???

  5. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

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