January 1, 2009
Michael HoskinsThe Indiana Supreme Court has suspended for three months a longtime attorney who prepared wills for clients without ever personally
consulting with them.Issuing an order In the Matter of Paul J. Watts, No. 60S00-0809-DI-510, the justices ruled 4-1 that Spencer-based
attorney Paul J. Watts, who's been practicing since 1974, should be suspended for 120 days starting Jan. 29, 2010. The order
was posted online today and is dated Dec. 22.The case stems from a previous disciplinary action involving Bloomington attorney
David...
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January 1, 2009
Michael HoskinsThe Indiana Attorney General's Office wants the nation's top jurists to reject a Hoosier case posing Fourth Amendment
questions about police searches, valid search warrants, and probable cause.
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January 1, 2009
Jennifer NelsonA trial court erred when it issued a mother two health insurance credits instead of one, which led to a miscalculation of
the child support owed between the parents, the Indiana Court of Appeals ruled today. In D.W. v. L.W., No. 20A04-0907-CV-375,
father D.W. paid child support to his ex-wife L.W. for his three minor children, who lived with their mother. The mother paid
nearly $57 a week in premiums for health insurance covering the three kids. One of the children...
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January 1, 2009
Jennifer NelsonA panel of Indiana Court of Appeals judges disagreed as to whether a defendant in a rape case put his intent at issue during
trial by attempting to show his victim consented to sex with him.
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January 1, 2009
IL StaffThe Indiana Court of Appeals has been named as a Law Office Climate Challenge Partner by the American Bar Association Section
of Environment, Energy and Resources. The appellate court is the first court in the country to join the program.
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January 1, 2009
Michael Hoskins U.S. District Chief Judge David F. Hamilton of Indianapolis appeared before the Senate Judiciary Committee this afternoon
for a rare second hearing on his nomination for the 7th Circuit Court of Appeals.Lawmakers convened the second nomination
hearing following complaints from Republican senators in early April about a lack of preparation time for the first hearing,
which happened April 1. That hearing was just days before the Senate's two-week break before Easter, and Hamilton answered
questions before senators about his 14 years...
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January 1, 2009
Michael HoskinsThe Senate Judiciary Committee has postponed voting on the nomination of U.S. Judge David F. Hamilton to the 7th Circuit Court
of Appeals because some senators are concerned about the Indianapolis jurist's record on the bench. Senators agreed during
an executive business meeting this morning to hold over the nomination vote to the next meeting, which hasn't yet been set.
Committee chair Sen. Pat Leahy, D-Vt., said the delay was because the new ranking Republican committee member, Sen. Jeff Sessions,
R-Ala.,...
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January 1, 2009
Michael HoskinsA decision today from the Supreme Court of the United States will have an immediate impact on Indiana, where state justices
are considering at least two cases about whether lab technicians who've tested evidence in a case must appear on the stand.
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January 1, 2009
Michael HoskinsThe state's top executive has rejected the idea of scrapping merit selection in St. Joseph County, but it remains unclear
whether lawmakers will attempt to override that veto during a special session.On the final day he had to take action, Gov.
Mitch Daniels used his veto power for the third time this session and rejected House Enrolled Act 1491, which called for non-partisan
elections to choose the county's eight Superior judges for six-year terms. It also called for the creation of...
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January 1, 2009
Michael HoskinsThe veteran federal prosecutor who's filled in three times as interim chief has been chosen for the permanent role as U.S.
Attorney for the Northern District of Indiana, the White House announced this morning. David Capp, who's been a federal prosecutor
for 24 years, has been the acting U.S. Attorney in the Northern District since July 2007, filling the spot after Joseph Van
Bokkelen's confirmation to the District Court. Democratic Sen. Evan Bayh nominated Capp for the job from several...
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January 1, 2009
Michael HoskinsIndiana's legal community got a mixed bag of gifts on Christmas Eve, as one former Hoosier attorney received Senate confirmation
for an ambassadorship, a federal prosecutor in Hammond learned he might be promoted, and a Bloomington law professor got what
amounts to a lump of coal as senators declined to act on her nearly year-old nomination.The flurry of activity started late
Dec. 23 and carried over into Christmas Eve, with Sen. Evan Bayh announcing first that David Capp would be the...
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January 1, 2009
Michael HoskinsA federal judge has sanctioned an Indianapolis law firm that employed a few attorneys he says helped abuse the discovery process,
failed to correct misleading or false statements made by its client, and didn't properly turn over to the court or opposing
counsel key documents relating to an environmental contamination case out of Southern Indiana.In a 66-page order issued Friday,
U.S. District Judge Larry McKinney in the Southern District of Indiana determined that Bose McKinney & Evans should be sanctioned
for...
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January 1, 2009
Jennifer NelsonBecause the trial court may have made confusing remarks at a man's guilty plea hearing indicating he "may" have waived the
right to appeal, only to later inform him of his right to appeal, the Indiana Court of Appeals concluded the defendant hadn't
waived that right to appeal. The appellate court did affirm the defendant's 30-year advisory sentence for dealing in cocaine,
finding he failed to prove it was inappropriate. In Luis Ruiz Bonilla v. State of Indiana, No. 20A05-0902-CR-85, the...
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January 1, 2009
Elizabeth BrockettThe fifth largest Indianapolis law firm is laying off 10 attorneys, two paralegals, and 13 support staff because of the tumultuous
economy.Bose McKinney & Evans managing partner Ken Crook, who announced the layoffs today, told Indiana Lawyer that all the
cuts were in the downtown Indianapolis office. The layoffs affected employees in the litigation, business, real estate, and
intellectual property practice groups. Crook said the recession continues to affect the firm's clients and therefore certain
practices within the firm. He added,...
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January 1, 2009
Jennifer NelsonThe Indiana Supreme Court released an order this afternoon suspending LaPorte Superior Judge Jennifer Koethe following her
indictment on a charge of felony attempted obstruction of justice. Pursuant to Indiana Admission and Discipline Rule 25(V)(A),
the high court shall suspend a judge with pay if he or she is indicted on a felony charge. The suspension takes effect at
midnight May 11 and will continue until further order of the court. As a result of Judge Koethe's suspension, the Supreme
Court...
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January 1, 2009
IL Staff The Senate Judiciary Committee plans to vote June 4 on U.S. Judge David Hamilton's nomination for the 7th Court of
Appeals. The panel had postponed the vote originally planned for May 21 to give some members more time to review the judge's
record. An agenda shows the executive business meeting will begin at 10 a.m. and be webcast live.
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January 1, 2009
IL Staffst1\:*{behavior:url(#ieooui) } Former Indiana Supreme Court Justice Richard Givan has died, according to a news release from
the court. He was 88. Justice Givan was elected to the court in 1968 and served continuously until his retirement in December
1994. He served as chief justice from November 1974 to March 1987. He received an LL.B. from Indiana University in 1951 and
was admitted to the Indiana bar in 1952. A fourth generation lawyer, his great-grandfather, Noah S. Givan, was a circuit...
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January 1, 2009
Michael HoskinsAn Indianapolis attorney has received a public reprimand in the third and final leg of a yearlong disciplinary triangle, which
has led to a Marion Superior judge's suspension and a commissioner's resignation and banishment from the bench.
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January 1, 2009
Michael HoskinsGov. Mitch Daniels has vetoed legislation that would have ended merit-selection of St. Joseph Superior judges and instead
made them run for office in non-partisan elections and create a new three-judge panel for the Indiana Court of Appeals. On
the deadline for action on House Enrolled Act 1491, the governor late this afternoon used his veto power for the third time
this session and rejected it. The legislation would have called for non-partisan elections to choose the county's eight Superior
judges...
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January 1, 2009
Jennifer NelsonThe Indiana Supreme Court will hear arguments in three cases Thursday, including a suit in which a woman claims a casino took
advantage of her gambling addiction. Arguments begin at 9 a.m. in Caesars Riverboat Casino LLC v. Genevieve Kephart, No.
31S01-0909-CV-303. Caesars originally filed a suit against Genevieve Kephart after she failed to repay a gambling debt. The
casino sought repayment, treble damages, and attorney fees. But Kephart counterclaimed, arguing the casino unjustly enriched
itself because it knew she had...
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January 1, 2009
Elizabeth BrockettBarnes & Thornburg has opened its ninth office nationwide in Columbus, Ohio, and its second new office in as many weeks.
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December 30, 2008
IL StaffThe United States District Court for the Southern District of Indiana has amended its Local Rule 65.2 - Motions for Preliminary
Injunctions and Temporary Restraining Orders.
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December 30, 2008
Jennifer NelsonThe Indiana Court of Appeals reversed a trial court's dismissal of a woman's claims against her former tenants, finding
the court misinterpreted a previous appellate ruling to support the dismissal.
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December 30, 2008
Jennifer NelsonThe Indiana Court of Appeals affirmed the 17-year sentence for a woman convicted of prostituting her daughter, finding her
sentence was appropriate and that an even longer sentence could be justified.
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December 29, 2008
Jennifer NelsonThe Indiana Court of Appeals addressed an issue of first impression today regarding whether a person could seek to enforce
rights under a vehicle purchasing agreement he didn't sign but then disavow other provisions set forth in the same document.
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vagueness cannot challenged, so let's write all laws vaguely and throw the constitution out the window.Even if the court is operating under a particular law, if they don't it they will change it to their liking. What a joke!!!
Two convictions becomes one conviction with exactly the same sentence, only it is not clear wheter or not that sentence will be 18 months, 120 months or 138 months. Actually if the guns were in a home, whether or not they were his, he is protected under the 2nd amendment. Jurors need to learn the law and the constitution before judging others. The cour5ts need to do this as well.
With all due respect, Rick, I think you probably would be making a mistake by going to law school. The job market for attorneys is so saturated, you may well find yourself unemployed and with a lot of debt. You mention law would be a good supplement to your skills. True. But employers unfortunately don't value that. You will find that a law degree may well pigeonhole you into an attorney slot and limit career options. If you have a good job now I would hold onto that. As an attorney, you may well end up making less with the aforementioned debt.
Jack, I was only responding to bill's comment of tying everybody in government together. I agree with you though, it takes one bad apple to ruin the bunch.. As in any profession. What's truly unfair is when somebody violates someone's trust and takes complete advantage of someone
John’s comment is unfair. The majority of attorneys can be trusted. Unfortunately, all it takes is one greedy, unscrupulous, immoral attorney to jade the public.