Indiana Lawyer Staff

Worker's suicide fails chain of causation test

August 21, 2009
Jennifer Nelson
A widow's request for workers' compensation benefits of her deceased husband can't be granted because his death at work was caused by a knowingly self-inflicted injury, the Indiana Court of Appeals ruled today. The woman failed to satisfy the chain of causation test in trying to prove an initial work-related event led to her husband's death.
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7th Circuit affirms possible erroneous sentence

August 18, 2009
Jennifer Nelson
Because a defendant's attorney affirmatively waived any challenge to an Armed Career Criminal Act enhancement - despite the 7th Circuit Court of Appeals advisement that the enhancement may have been an error due to a recent Circuit ruling - the federal Circuit Court had no choice but to affirm the District Court.
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Informational meeting set for Kenya legal aid trip

July 16, 2009
IL Staff
An October trip to Kenya to visit legal colleagues in a partnership between Indiana and Eldoret attorneys is open to anyone who wants to join the delegation and learn more about the program.
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ACLU sues State Board of Law Examiners

July 9, 2009
Jennifer Nelson
The ACLU of Indiana has filed a lawsuit against the members of the Indiana State Board of Law Examiners, alleging the state's bar examination application violates the Americans with Disabilities Act.
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7th Circuit split in prisoner media-ban issue

June 25, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals was split in its en banc decision today to uphold the Federal Bureau of Prisons' authority to deny face-to-face interviews between inmates and the media.
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7th Circuit seeks comment on jury instructions

June 18, 2009
IL Staff
The 7th Circuit Pattern Jury Instruction Committee and Trademark Subcommittee are accepting comments on proposed trademark pattern civil jury instructions.
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Nominees wanted for pro bono award

June 12, 2009
IL Staff
The Indiana Pro Bono Commission is accepting applications for the Randall T. Shepard Award.
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7th Circuit: No attorney conflict of interest

May 11, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed the denial of a drug offender's petition for habeas corpus, ruling his attorney didn't render ineffective assistance of counsel when he also represented other co-defendants on the same drug charges.
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13 counties receive Family Court grants

April 20, 2009
IL Staff
The Indiana Supreme Court announced today it has awarded nearly $160,000 in grant money for Family Court Projects around the state.
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6 attorneys suspended for non-payment

March 27, 2009
IL Staff
The Indiana Supreme Court suspended six attorneys Wednesday for failure to pay costs in lawyer disciplinary cases.
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Foreclosure training in Griffith March 18

March 13, 2009
IL Staff
The Indiana Supreme Court has announced its second training session for attorneys, judges and mediators to learn how to handle foreclosure cases, including through pro bono representation.
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ILS budget likely to increase

March 12, 2009
Rebecca Berfanger
Thanks to a $40 million increase in funding for Legal Services Corporations signed by President Barack Obama Wednesday, an official at Indiana Legal Services Inc. estimates that the only Indiana-based organization that receives funding from LSC will receive up to an additional $300,000 to $350,000 in funds for the organization's 2009 fiscal year, which runs Jan. 1 to Dec. 31.
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7th Circuit: Courts wrongfully denied re-litigation

March 11, 2009
Jennifer Nelson
Finding Indiana state and District courts erred in denying a convicted killer the chance to re-litigate his claim for relief from execution because he is mentally retarded, the 7th Circuit Court of Appeals vacated the District Court's denial of the man's habeas petition
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2 new members of Public Defender Commission

March 9, 2009
IL Staff
Indiana Speaker of the House Patrick Bauer, D-South Bend, has appointed two new members to the Public Defender Commission, the Indiana Supreme Court announced today. Representatives Vernon G. Smith, D-Gary, and Greg Steuerwald, R-Avon, join the 11-member commission.
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Bill: Legal aid services can assess indigency

February 13, 2009
Michael Hoskins
Indiana lawmakers want the state's legal aid and pro bono programs to have one less hurdle to navigate through when representing indigent clients, agreeing that there's no need to always tie up court time in establishing indigency.
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Dinner to support IU Law - Indy LRAP

February 12, 2009
Rebecca Berfanger
To help students and alumni who want to practice public interest law, even with law school loan debt, a group of Indiana University School of Law - Indianapolis students will host a fundraiser March 7 for the school's loan repayment assistance program endowment.
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Woman didn't prove she should get new trial

February 6, 2009
Jennifer Nelson
Finding a defendant didn't meet her burden of proving her newly discovered evidence claim, the Indiana Court of Appeals today upheld the denial of her petition for post-conviction relief.
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Law firm forecast sees declining profits

February 6, 2009
Scott Olson
Declining profits could be on the dockets of many law firms again this year.
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7th Circuit Bar celebrates Lincoln bicentennial

January 15, 2009
IL Staff
The 7th Circuit Bar Association is celebrating the Lincoln bicentennial with a one-day symposium in Chicago open to the public. Those who can't make it to Chicago will be able to watch it from Indianapolis.
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7th Circuit addresses challenges under the RFA

January 12, 2009
Jennifer Nelson
7th Circuit adresses for the first time who could bring a challenge to a regulatory flexibility analysis or certification under the Regulatory Flexibility Act.
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'Rocket docket' now set for juvenile appeals

January 8, 2009
Michael Hoskins
New rules from the Indiana Supreme Court this week officially create an expedited "rocket docket" for certain juvenile cases going through the appellate system.
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Appellate court rules on GAL fees

December 23, 2008
Michael HoskinsMore

7th Circuit rules on sex offender registration

December 22, 2008
Michael Hoskins
A reasonable grace period is required before the federal government can enhance a convicted sex offender's punishment for not registering after a move to a new state, the 7th Circuit Court of Appeals ruled today.
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7th Circuit cautions about propensity inference

November 20, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals today affirmed a man's drug convictions with intent to distribute, but questioned how a previous drug conviction showed the man had intent or absence of mistake in the instant case.
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Woman sues BMV over vanity plate denial

November 19, 2008
Jennifer Nelson
The Indiana Bureau of Motor Vehicles is again involved in a lawsuit involving the use of "God" on a license plate.
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  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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