Indiana Lawyer Staff

Appellate Clerk's Office no longer sending rulings via the Postal Service.Restricted Content

February 3, 2010
Michael Hoskins
Appellate attorneys no longer receive a mailed hard copy of any order issued by Indiana's highest courts. Instead, those lawyers are now receiving documents in an e-mail.
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How to survive this recessionRestricted Content

February 3, 2010
Rebecca Berfanger
An economy gone sour and law firms not hiring summer associates are familiar concerns for law students now, but these issues also affected lawyers who faced a recession when they graduated from law school in the early 1990s.
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Praising new judicial selectionsRestricted Content

February 3, 2010
Michael Hoskins
The Hoosier legal community is publicly praising the newest nominees for the state's federal bench as good choices, particularly for those interested in seeing a more diverse judiciary.
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Little court guidance on repressed memory litigation results in trial court splitRestricted Content

February 3, 2010
Michael Hoskins
Reaching into a person's mind to revive repressed memories is an issue that's settled law in one sense, but what remains unsettled is how such memories are used during litigation and whether a lawsuit should be tossed or allowed to proceed to trial.
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5 attorneys have ties to Haiti relief effortsRestricted Content

February 3, 2010
Rebecca Berfanger
Attorneys around Indiana with connections to Haiti are helping with that country's relief efforts following a Jan. 12 earthquake that registered as magnitude 7 and destroyed countless buildings and injured and killed still-unknown numbers of people in an already impoverished country.
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Talk to a Lawyer event a successRestricted Content

February 3, 2010
Rebecca Berfanger
The statewide Talk to a Lawyer Today event that annually takes place on Martin Luther King Jr. Day has been hailed as the best yet by organizers. All 14 pro bono districts had at least one walk-in and/or call-in site for lawyers to answer questions from members of their communities for free.
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Litigation, regulatory issues occupy Atlas general counselRestricted Content

February 3, 2010
Rebecca Berfanger
Working at a shipping company wasn't exactly what a lawyer in Evansville saw herself doing when she graduated from law school at the University of Missouri - Kansas City in 1978.
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7th Circuit affirms permanent injunctionRestricted Content

January 28, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals upheld an injunction preventing the application of Indiana's Uniform Consumer Credit Code to an Illinois company because it violates the commerce clause of the U.S. Constitution.
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Indiana attorney set for SCOTUS Wednesday

January 27, 2010
Michael Hoskins
A Terre Haute attorney is making his sixth argument before the nation's highest court Wednesday, but his first before the newest justice. This time he's there on a case that could ultimately change campaign-finance disclosure rules nationally.
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7th Circuit affirms writ of habeas corpusRestricted Content

January 27, 2010
Jennifer Nelson
On remand from the Supreme Court of the United States, the 7th Circuit Court of Appeals affirmed the District Court's conditional grant of the petition for a writ of habeas corpus for a man facing the death penalty.
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'Quality of care' at stake in DCS rate-cut caseRestricted Content

January 27, 2010
Jennifer Nelson
The federal judge who granted a preliminary injunction in the combined suits against the Department of Child Services for cutting reimbursement rates for adoptive and foster parents and child care agencies found the quality of care for children would suffer if the rate cuts stood.
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What the ISBA is watching this session

January 22, 2010
Jennifer Nelson
The Indiana State Bar Association is watching several bills introduced in this 2010 session, including probate and family law matters.
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7th Circuit addresses digital media searchesRestricted Content

January 21, 2010
Jennifer Nelson
Despite being troubled by some aspects of a police officer's search of computers of a man charged with voyeurism - during which the officer discovered child pornography - the 7th Circuit Court of Appeals found the search didn't exceed the scope of the original warrant.
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4 Indiana nominations sent to Senate

January 21, 2010
IL Staff
President Barack Obama's list of 40 nominees included four Indiana nominations.
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Editorial: SCOTUS order in Proposition 8 trial chillsRestricted Content

January 20, 2010
Editorial Indiana Lawyer
It sounded too good be true, so we weren't surprised when we found out it was not to be.
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Prosecutor denies alleged misconductRestricted Content

January 20, 2010
Michael Hoskins
Marion County Prosecutor Carl Brizzi denies that he violated any professional conduct rules in his handling of two high-profile murder cases, specifically in his written or spoken statements made when describing the crimes to the public.
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Provision in new bill would withhold 'big' wins from deadbeat parentsRestricted Content

January 20, 2010
Michael Hoskins
State lawmakers want to crack down on child support collections and make it tougher for deadbeat parents to not pay what's owed.
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Suspended LaPorte judge acquitted at trial

January 20, 2010
Michael Hoskins
A suspended LaPorte Superior judge has been acquitted of any criminal charges involving an accidental shooting where her head was grazed by a bullet and led to accusations that she tried to cover up details about what happened.
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Appellate case 'purgatory' exists in Indiana's government center basementRestricted Content

January 20, 2010
Michael Hoskins
Outside of courtrooms, conference rooms, and law firm offices, there's a place that most lawyers don't often see but is an essential step in the process cases go through at the Indiana appellate level.
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ACLU director discusses goalsRestricted Content

January 20, 2010
Rebecca Berfanger
Heading the organization charged with defending the rights guaranteed by the U.S. Constitution and Bill of Rights is no easy feat.
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Summit spurs school-focused billRestricted Content

January 20, 2010
Rebecca Berfanger
A juvenile justice summit by the Indiana State Bar Association in August has led to the introduction of a bill that would change how students are treated in schools and hopefully decrease the number of school suspensions while increasing statewide graduation rates.
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Johnsen to be reconsidered for controversial national positionRestricted Content

January 20, 2010
Rebecca Berfanger
After her nomination to head the Office of Legal Counsel was returned to the president at the end of 2009, an Indiana University Maurer School of Law - Bloomington professor is expected to be renominated by President Barack Obama.
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Nominations would fill 3 U.S. District judicial posts.Restricted Content

January 20, 2010
Michael Hoskins
A federal magistrate, a trial court judge, and a banking attorney who's served as a federal and county prosecutor are in line to be the newest additions to Indiana's federal bench.
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Former attorney inspires new movieRestricted Content

January 20, 2010
Michael Hoskins
Before his life became a movie script and Hollywood heavyweights took an interest in his story, John Crowley started as a rising star in Indiana's legal community.
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Volunteers still needed for Talk to a Lawyer

January 13, 2010
Jennifer Nelson
A few pro bono districts participating in the Talk to a Lawyer Today program have openings available for attorneys looking to donate a few hours of their time Monday to help the underserved in their communities.
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  1. I like the concept. Seems like a good idea and really inexpensive to manage.

  2. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  3. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  4. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  5. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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