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U.S. justices to rule on retroactivity of case involving guilty pleas by immigrants

April 30, 2012
Jennifer Nelson
The Supreme Court of the United States will hear a case that stems from its 2010 decision Padilla v. Kentucky, in which the justices held that criminal defense attorneys are obligated under the Sixth Amendment to advise noncitizen defendants about immigration consequences of pleading guilty. The justices will now rule on whether its decision is retroactive.<
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Attorneys donate record amount to food banks

April 27, 2012
Jennifer Nelson
Lawyers and law firms participating in this year’s March Against Hunger raised the equivalent of 135 tons of food, a record amount for the competition that’s in its fourth year.
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Courts not responsible to find person named in subpoena

April 27, 2012
Jennifer Nelson
It is not up to the court to find someone named in a subpoena if the person requesting it doesn’t know where to send the subpoena, the Indiana Court of Appeals ruled. That argument was being made by an incarcerated father appealing a determination that his child is in need of services.
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Indianapolis attorney charged with defrauding clients out of $2.5M

April 27, 2012
Jennifer Nelson
An Indianapolis attorney has been charged with misappropriating more than $2 million from his clients.
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Former secretary of state suspended

April 26, 2012
Jennifer Nelson
The Indiana Supreme Court suspended former Indiana Secretary of State Charlie White Wednesday because he was convicted of several felonies following a trial on voter fraud charges.
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Bar associations celebrate 'Law Day'

April 26, 2012
Jennifer Nelson
Bar associations in Evansville and Indianapolis will celebrate “Law Day” with local events involving high schools. The theme of this year’s day is “No Courts, No Justice, No Freedom.”
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Dickson encourages attorneys to consider being an appellate judge

April 26, 2012
Jennifer Nelson
If you’re an attorney in Indiana, chances are you received an email from acting Chief Justice Brent Dickson Wednesday. Dickson sent the email to the legal community encouraging lawyers to apply for the upcoming vacancy on the Supreme Court.
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Teens sue school after expulsion for online death threats

April 26, 2012
IL Staff
The three teenage girls who were expelled from school because of their after-school online activity filed a lawsuit Wednesday in federal court against the northern Indiana school district. The teens claim the death threats they made on Facebook were made jokingly and their First Amendment rights are being violated.
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Catholic school teacher claims termination due to fertility treatments

April 25, 2012
Jennifer Nelson
A Fort Wayne teacher whose contract at St. Vincent de Paul School was not renewed last year claims it was because she is undergoing fertility treatment.
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5th Amendment right against self-incrimination not violated

April 25, 2012
Jennifer Nelson
The Indiana Court of Appeals ruled that because a defendant’s attorney asked a detective whether the defendant admitted to molesting his girlfriend’s daughter, the defense opened the door to the prosecution to ask about the scope of the interview. The defendant claimed his Fifth Amendment rights were violated when the detective said the defendant asked to “stop speaking” during the interview.
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COA rules on Kroger fuel sign dispute

April 25, 2012
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment for a developer on its claims of criminal mischief, criminal trespass and criminal conversion against grocer Kroger after the store modified a shopping plaza’s sign once it added a fueling station. There isn’t evidence that Kroger had criminal intent when it modified the sign pylon.
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Former Evansville legal aid director honored at Law Day dinner

April 25, 2012
IL Staff
Sue Ann Hartig, who retired this year after serving as executive director of the Legal Aid Society of Evansville for more than 25 years, received the James Bethel Gresham Freedom Award April 20 from the Evansville Bar Association.
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IMS attorney excels in fast-paced work environment

April 25, 2012
Jenny Montgomery
Susan Rivas enjoys the sound of cars zipping around the track at the Indianapolis Motor Speedway. Her office window overlooks the back of the grandstand, about 100 feet away, where workers are busy readying the stands for thousands of visitors.
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Fighting to stay in shape

April 25, 2012
Jennifer Nelson
An Indianapolis attorney wins his division at the Indiana Golden Gloves.
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Law grads look forward to 'next step' in life

April 25, 2012
Terrie Henderson-Stockton
The class of 2012 faces this transitional time with optimism.
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Temporary admissions may create problems

April 25, 2012
Jenny Montgomery
Being unaware of court rules can lead to disciplinary action.
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ATM fee disclosure rules and related litigation

April 25, 2012
Jenny Montgomery
In 2011, nine lawsuits were filed in the United States District Court, Southern District of Indiana, in which plaintiffs sued owners or operators of ATMs for failing to post a sign advising users of usage fees. Similar suits have been filed around the country, and groups that represent ATM owners’ interests are calling for a change to federal law to stop further litigation.
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Appellate court reverses ALJ in unemployment claim

April 24, 2012
Jenny Montgomery
The Indiana Court of Appeals held that a company was not obligated to continue employing a driver who lost consciousness behind the wheel, but because he holds no fault for that incident, he is eligible for unemployment benefits.
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Insurer failed to prove driver violated policy clause

April 24, 2012
Jenny Montgomery
Because a drug test failed to show conclusively when a driver last used marijuana before a fatal crash, an insurer cannot deny payment based on an exclusionary clause in the policy, the Court of Appeals determined.
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COA reverses trial court in estate case

April 24, 2012
Jenny Montgomery
The Indiana Court of Appeals held that the trial court improperly granted summary judgment to parties whose attorney did not notify opposing counsel that a motion had been filed.
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Justices deny case involving trial judges issuing orders against other courts

April 24, 2012
IL Staff
The Indiana Supreme Court will not take the lawsuit filed by six people against Marion Superior Judge William Young for his actions in traffic court. The plaintiffs wanted the special judge appointed to their case to order Young to comply with certain procedures, which included mandating Young allow the general public to attend court sessions.
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Appellate panel affirms trial court in dispute over unpaid land rental

April 23, 2012
Jenny Montgomery
A trial court did not abuse its discretion when it denied a man damages for conversion, the Indiana Court of Appeals found.
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Question about residency leads to reversal in insurance case

April 23, 2012
IL Staff
Because a genuine issue of material fact exists as to whether a teenager lived with his mother or father, an appellate panel has remanded the matter for trial.
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COA reverses conviction based on continuing crime doctrine

April 23, 2012
Jenny Montgomery
The Indiana Court of Appeals has reversed one conviction against a man charged with multiple offenses for stabbing his wife.
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IndyBar releases results of judicial candidate peer evaluation

April 23, 2012
Jennifer Nelson
The Indianapolis Bar Association’s Judicial Excellence Political Action Committee released the results of its 2012 judicial candidate evaluation. The Democratic and Republican Party ballots will feature twelve candidates vying for 10 spots on Marion Superior Court. The candidates received varied approval rates, from just 18 percent to nearly 97 percent.
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  1. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  2. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  3. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

  4. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

  5. I'm not sure what's more depressing: the fact that people would pay $35,000 per year to attend an unaccredited law school, or the fact that the same people "are hanging in there and willing to follow the dean’s lead in going forward" after the same school fails to gain accreditation, rendering their $70,000 and counting education worthless. Maybe it's a good thing these people can't sit for the bar.

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