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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. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  2. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  3. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

  4. When I hear 'Juvenile Lawyer' I think of an attorney helping a high school aged kid through the court system for a poor decision; like smashing mailboxes. Thank you for opening up my eyes to the bigger picture of the need for juvenile attorneys. It made me sad, but also fascinated, when it was explained, in the sixth paragraph, that parents making poor decisions (such as drug abuse) can cause situations where children need legal representation and aid from a lawyer.

  5. Some in the Hoosier legal elite consider this prayer recommended by the AG seditious, not to mention the Saint who pledged loyalty to God over King and went to the axe for so doing: "Thomas More, counselor of law and statesman of integrity, merry martyr and most human of saints: Pray that, for the glory of God and in the pursuit of His justice, I may be trustworthy with confidences, keen in study, accurate in analysis, correct in conclusion, able in argument, loyal to clients, honest with all, courteous to adversaries, ever attentive to conscience. Sit with me at my desk and listen with me to my clients' tales. Read with me in my library and stand always beside me so that today I shall not, to win a point, lose my soul. Pray that my family may find in me what yours found in you: friendship and courage, cheerfulness and charity, diligence in duties, counsel in adversity, patience in pain—their good servant, and God's first. Amen."

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