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Judiciary notes Constitution Day with school program, naturalization ceremony

September 15, 2014
IL Staff
In honor of Constitution Day, Indiana judges will commemorate, educate and celebrate with schoolchildren and new United States citizens at events throughout the week.
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Justices decline Kokomo mayor’s request for stay of contempt order

September 15, 2014
 Associated Press, IL Staff
The Indiana Supreme Court will not stay a contempt order entered against the mayor of Kokomo over construction at the Howard County courthouse.
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Mediation conference speaker to focus on brain science

September 15, 2014
IL Staff
A California mediator and trainer will present “Brains Matter: The Science and Art of Using the Brain in Mediation” during the 4th annual Midwest Mediators Conference in Indianapolis Sept. 26-27.
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Family sues over teen's death in police car

September 15, 2014
 Associated Press
The family of a teenager who died of an apparent suicide in the back of a police car two years ago is suing the city of Anderson for wrongful death and negligence.
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Study committee to look at mental health issues at first meeting

September 15, 2014
IL Staff
The Interim Study Committee on Corrections and Criminal Code's first meeting will focus much of its attention on the mental health of offenders.
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DCS struggles to keep accurate caseload tally

September 15, 2014
 Associated Press
Indiana has hired more case workers to keep track of its most vulnerable residents, but complaints about overwork continue to surface as the state battles turnover and questions the accuracy of data on caseloads.
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BMV seeks to block release of video depositions

September 15, 2014
 Associated Press
The Indiana Bureau of Motor Vehicles has asked a court to block the release of video depositions in a lawsuit that claims the agency overcharged motorists.
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Attorney’s attempt to expunge arrest record denied again

September 12, 2014
Jennifer Nelson
A Monroe County attorney who was arrested in 2008 on allegations of misconduct involving his clients and violations of the Indiana Securities Act was unsuccessful in his attempt to have similar charges filed in 2006 expunged.
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Felony murder convictions upheld in Elkhart home invasion, but sentences amended

September 12, 2014
Jennifer Nelson
The appeals of three teens involved in a daytime home invasion that turned fatal gave the Court of Appeals a chance to examine the felony murder statute and its application for juveniles.
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Indiana agrees to recognize another same-sex marriage involving ill spouse

September 12, 2014
Jennifer Nelson
The state will recognize the out-of-state marriage of a Whiting couple in which one woman is receiving hospice care for terminal cancer.
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COA affirms stripping ‘helicopter mom’ of custody of teen son

September 12, 2014
Jennifer Nelson
The decision to modify custody to give a father sole legal and physical custody of his 15-year-old son was not clearly erroneous, the Indiana Court of Appeals ruled. In affirming the decision, the judges noted that the mother is overbearing and has forced the teen to participate in activities he has little interest in.
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Father granted custody after mother seeks relocation

September 12, 2014
Jennifer Nelson
Moving from Floyd County to Scott County so a woman could be closer to her work and live with her boyfriend is not in the best interests of her two young children, the Court of Appeals ruled Friday. The judges affirmed the grant of father’s request to modify custody and child support.
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Ex-manager at Terre Haute airport faces charges

September 12, 2014
 Associated Press
Indiana State Police have arrested the former office and financial manager of Terre Haute International Airport on preliminary charges of theft, forgery and fraud.
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Former county auditor accused of embezzling

September 12, 2014
 Associated Press
A federal grand jury has indicted a former northern Indiana official on charges alleging she embezzled more than $150,000.
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Omitted information in notice does not bar entry of summary judgment

September 11, 2014
Jennifer Nelson
Failure in a notice of dissolution to describe information that must be included in a claim filed against the company does not make the notice invalid, the Indiana Court of Appeals ruled Thursday. Since the notice was valid, a convenience store owner’s lawsuit is time-barred. 
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Southern District's US attorney unsure of time in post

September 11, 2014
 Associated Press, IL Staff
The new top federal prosecutor for central and southern Indiana has no idea how long he'll be in the job.
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Energy company waited too long to intervene in sale of oil and gas lease

September 11, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals ruled against an appeal in a protracted case involving the sale of oil and gas leases in efforts to recoup money for victims defrauded by First Choice Management Services. The judges held the company seeking to intervene failed to do so in a timely manner.
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Judges affirm convictions in fatal home invasion

September 11, 2014
Jennifer Nelson
The state presented sufficient evidence to support a man’s conviction of robbery, which was based on a theory of accomplice liability, the Court of Appeals ruled. The charge stems from a home invasion in St. Joseph County during a family gathering.
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Goshen attorney appointed as city court judge

September 11, 2014
IL Staff
Gov. Mike Pence has named Bodie J. Stegelmann as judge in Goshen City Court. Stegelmann currently is a partner at Yoder Ainlay Ulmer & Buckingham LLP, where he practices real estate law.
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Indiana gives initial OK to off-site manure ponds

September 11, 2014
 Associated Press
A state panel gave preliminary approval Wednesday to Indiana's first rules governing big stand-alone ponds and lagoons built to hold manure trucked in from livestock farms.
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Court declines to review drug sentence based on new criminal code

September 11, 2014
Jennifer Nelson
A man who pleaded guilty earlier this year to dealing in oxycodone couldn’t convince the Indiana Court of Appeals that his sentence should be reconsidered based on the revised criminal code that took effect July 1.
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State asks 7th Circuit to stay same-sex marriage ruling

September 10, 2014
Dave Stafford
The Indiana attorney general’s office Wednesday asked the 7th Circuit Court of Appeals to stay its Sept. 4 order striking down Indiana’s ban on same-sex marriage.
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US Supreme Court adds gay marriage to Sept. 29 agenda

September 10, 2014
 Associated Press
The U.S. Supreme Court has formally added gay marriage cases to the justices' agenda for their closed-door conference on Sept. 29.
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Part of payday loan settlement funding new legal aid consumer project

September 10, 2014
Marilyn Odendahl
Indiana Legal Services and Heartland Pro Bono Council will be using a portion of a class-action settlement to help Indianapolis residents who have battled payday loan companies or suffered other consumer rights abuses.
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Court must hold hearing on injunction involving medical practice

September 10, 2014
Jennifer Nelson
A trial court’s assessment of the public interest regarding whether a doctor is prohibited under a noncompete agreement to practice within 25 miles of his former office in Rensselaer was contrary to law, the Indiana Court of Appeals held Wednesday. The judges reversed the denial of a motion for a preliminary injunction preventing the doctor from opening a new practice next door to his previous one.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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