Latest News

Writ removes special prosecutor

October 20, 2009
Jennifer Nelson
The Indiana Supreme Court has ordered Delaware Circuit Court to vacate its order appointing J.A. Cummins as special prosecuting attorney and appoint someone else to serve in that capacity.
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Attorneys ask justices to consider voter ID case

October 19, 2009
Michael Hoskins
In an expected move, the Indiana Attorney General's Office has asked the state Supreme Court to consider whether the 4-year-old voter identification law is constitutional.
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Court: Conference constitutes 'congestion'

October 19, 2009
Michael Hoskins
A Marion Superior judge didn't err by continuing a jury trial because a mandatory judicial conference resulted in too few judges and magistrates being available, the Indiana Supreme Court has reiterated in an order.
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Efforts to aid those facing foreclosure continue

October 19, 2009
Rebecca Berfanger
More than 1,000 Indiana attorneys, judges, and mediators have attended CLE trainings since June about mortgage foreclosures.
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Mortgage CLE numbers announced Monday

October 16, 2009
Rebecca Berfanger
Representatives from the Indiana Supreme Court will be in Evansville Monday to release the number of judges, attorneys, and mediators who were trained this summer and fall to represent borrowers and handle settlement conferences.
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Farming dispute creates first impression issue

October 16, 2009
Michael Hoskins
In a ruling from the Indiana Supreme Court on an issue of first impression, two of the state's five justices fear a new holding will have far-reaching impact not only on the forfeiture cases at issue, but also mortgage foreclosure cases impacting the commercial and industrial real estate world.
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Court grants transfer in foreclosure case

October 16, 2009
IL Staff
The Indiana Supreme Court will consider a mortgage foreclosure case involving whether one of the parties was entitled to a foreclosure decree for equitable real estate liens on an Indianapolis property.
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President nominates former Indiana attorney

October 16, 2009
Michael Hoskins
President Barack Obama has nominated a former Indiana lawyer as well as a former Indiana representative and gubernatorial candidate for roles in his administration. Both positions must receive Senate confirmation
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COA to visit ISU for arguments

October 15, 2009
IL Staff
The Indiana Court of Appeals travels to Terre Haute Oct. 19 to hear arguments in an interlocutory appeal of a drug case in which the defendant claims the trial court abused its discretion in denying her motion to suppress.
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Commission on Courts ponders money issues

October 15, 2009
Michael Hoskins
Money matters took up the most time for an interim legislative committee this morning, as members considered issues delving into the balance between fiscal responsibility and judicial efficiency.
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Supreme Court considers MySpace statement

October 15, 2009
Rebecca Berfanger
he Indiana Supreme Court today issued an opinion that affirmed a Kosciusko Circuit jury's conviction of a man who murdered his girlfriend's 2-year-old daughter and the resulting sentence of life in prison without parole. The opinion also considered the defendant's novel question: whether statements from his social networking Web site, which were presented to the jury as evidence of his character, were admissible in court.
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7th Circuit warns attorneys about complianceRestricted Content

October 14, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals chastised the U.S. Attorney's Office in Indiana's Northern District to "get its act together" to comply strictly with a statute that imposes a mandatory life sentence for a defendant convicted of a drug offense with two prior drug convictions.
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City court judge accused of theft, suspended

October 14, 2009
Jennifer Nelson
A Knox County City Court judge was suspended today following the filing of five theft charges against the judge Tuesday.
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Majority upholds false statement is protected

October 14, 2009
Jennifer NelsonMore

Lecture kicks off counter-terrorism simulation

October 13, 2009
IL Staff
The first lecture of Indiana University School of Law - Indianapolis' Distinguished Speaker Series will feature an armed conflict and counter-terrorism specialist and international law consultant.
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Court rules on workers' comp dispute

October 13, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed a finding that a company had acted in bad faith in denying workers' compensation benefits because there was a dispute over who should pay the benefits.
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Attorney's fees can come from damages award

October 13, 2009
Jennifer Nelson
Reasonable attorney's fees may be paid out of the damages award in a wrongful death action, the Indiana Court of Appeals ruled today.
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COA to hear arguments at 2 universities

October 12, 2009
IL Staff
The Indiana Court of Appeals hits the road Tuesday and Wednesday to hear arguments at two universities involving a negligence suit against a hospital and nurse and whether a casino can ban someone after he's been kicked out.
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Study: Taxing services could yield state $6.8B

October 12, 2009
The non-partisan Indiana Fiscal Policy Institute this morning released a new study exploring the ramifications of expanding the state's sales tax to include services.
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Breakfast fundraiser supports law center

October 12, 2009
IL Staff
The Community Development Law Center, which provides free or low-cost legal services only to nonprofit or community organizations serving low-income people in central Indiana, is having its annual fundraising breakfast Oct. 16.
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Hamilton County to start using Odyssey

October 12, 2009
IL Staff
Hamilton County will join nearly 40 other courts and 13 counties when it begins using Odyssey, a statewide case management system provided by the Indiana Supreme Court.
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Dissent: new issues can be raised in response

October 9, 2009
Michael Hoskins
Parties shouldn't be allowed to raise arguments for the first time in response to a rehearing petition before an appellate court, an Indiana Court of Appeals judge wrote in disagreeing with two of her colleagues.
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Former foreclosure lawyer charged with fraud

October 9, 2009
Michael Hoskins
The U.S. Attorney for the Southern District of Indiana has filed mail fraud charges against a former Indianapolis attorney who resigned from the bar two years ago.
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Court to take landlord-tenant insurance query

October 9, 2009
Michael Hoskins
The Indiana Supreme Court has accepted a certified question from a federal judge, and will now consider a state law issue that it hasn't before: whether a tenant is considered a co-insured under a landlord's fire insurance policy if there's no express agreement saying otherwise.
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Domestic-violence victims advocate dies

October 8, 2009
IL Staff
An attorney known for devoting time to work with domestic-violence victims and nonprofit organizations has died.
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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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