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Former public defender sentenced

May 7, 2009
Jennifer Nelson
A former Marion County public defender arrested during an undercover child sex sting was sentenced Wednesday for child solicitation, a Class C felony.
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COA split on which statute of limitation applies

May 7, 2009
Jennifer Nelson
The Indiana Court of Appeals split today in its decision as to whether Indiana's two-year statute of limitations for personal injury torts or the three-year statute of limitations under the Federal Employers' Liability Act applied in a man's FELA claim in state court.
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Supreme Court takes Fireman's Rule case

May 7, 2009
Jennifer Nelson
The Indiana Supreme Court granted transfer today to case involving the Indiana Fireman's Rule and whether a policeman's suit against an Indianapolis strip club is barred by the rule.
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CASA, American Legion form partnership

May 7, 2009
Rebecca Berfanger
The CEO of the national organization of Court Appointed Special Advocates met Monday with high ranking members of the American Legion's Child Welfare Foundation in Indianapolis and the foundation's board approved a resolution for a partnership between the two organizations two days later.
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Court grants transfer to clarify appeals by state

May 6, 2009
Jennifer Nelson
The Indiana Supreme Court granted a transfer with opinion to address conflicting rulings regarding the state's ability to challenge the legality of a criminal sentence without first filing a motion to correct erroneous sentence.
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Paternity, election bills go to governor

May 6, 2009
IL Staff
Indiana Gov. Mitch Daniels received 34 enrolled bills Tuesday awaiting his signature to make them law.
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Governor gets judicial merit-selection bill

May 6, 2009
Michael Hoskins
Gov. Mitch Daniels received today legislation that, if signed, would toss out merit selection and retention of St. Joseph Superior judges and also create a new three-judge panel for the Indiana Court of Appeals.
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COA rules on first impression lemon-law issue

May 5, 2009
Jennifer Nelson
The Indiana Court of Appeals tackled today an issue of first impression regarding the state's lemon law: Once a consumer has met the law's repair threshold, he can still file an action under the lemon law even if a subsequent repair fixes the problem.
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Supreme Court seeks historic law-related photos

May 5, 2009
IL Staff
If you've come across an old photo relating to Indiana's legal profession, the Indiana Supreme Court would like to know.
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Protective order training, free CLE offered

May 5, 2009
Rebecca Berfanger
Domestic violence advocates are already seeing an uptick in the number and severity of domestic violence incidents due to the recession.
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Court orders mandate for full parole hearing

May 4, 2009
Jennifer Nelson
The Indiana Court of Appeals reversed the dismissal of a prisoner's pro se action for a mandate requiring all five parole board members to vote on his parole eligibility, ruling the prisoner's case was supported by Indiana statute.
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COA to hear arguments in parks ban case

May 4, 2009
IL Staff
The Indiana Court of Appeals will hear arguments Tuesday in a sex-offender park ban case out of southern Indiana.
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Oral findings allowed in attorney fee case

May 4, 2009
Jennifer Nelson
A Marion Superior Court didn't err when it failed to issue written findings and conclusions pursuant to Indiana Trial Rule 52 in a dispute over attorney fees, the Indiana Court of Appeals ruled.
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Court: 2-member board could affirm ruling

May 1, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a decision by the National Labor Relations Board that a northern Indiana steel company must recognize a collective bargaining agreement between the union and the company.
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Law Day celebrated today

May 1, 2009
Rebecca Berfanger
For the 51st year of the national observance of Law Day, about three dozen Indiana attorneys, judges, and paralegals presented the Indiana Supreme Court's "Why Lincoln was a Lawyer" program to 125 different classes - almost 3,000 students - around the state.
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Reports: Justice to retire; speculation begins

May 1, 2009
Jennifer Nelson
Reports broke late Thursday that a Supreme Court of the United States justice plans to retire from the bench but which justice may surprise some.
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Justices issue sex-offender registration rulings

April 30, 2009
Michael Hoskins
Convicted sex offenders who've already served their sentences can't be forced to register for life by a newly enacted statute, but the Indiana Supreme Court is split on whether that lifetime requirement should be imposed on offenders who are still registering when the law is changed.
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Mom's mental ability not reason for termination

April 30, 2009
Jennifer Nelson
The Indiana Court of Appeals declined to write an opinion barring the state from pursuing termination of parental rights of a "retarded person," as requested by the mother in a termination of parental rights case.
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COA: Man's sentence could be increased

April 30, 2009
Jennifer Nelson
The Indiana Court of Appeals determined the recent ruling by the state's highest court regarding upward sentence revisions was applicable to a defendant's sentence.
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Senators treat judge kindly at second hearing

April 30, 2009
Michael Hoskins
Even though Republicans insisted on a rare second judicial nomination hearing for U.S. District Judge David F. Hamilton, it remained unclear Wednesday what need there was for the Indianapolis judge to appear again before the Senate Judiciary Committee in his bid for the 7th Circuit Court of Appeals.
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Governor likely to soon get St. Joe judges bill

April 29, 2009
Michael Hoskins
Gov. Mitch Daniels will likely receive legislation today aimed primarily at scrapping judicial merit selection in St. Joseph County and creating a new Indiana Court of Appeals panel starting 2011.
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Forged agreement presents question of fact

April 29, 2009
Jennifer Nelson
A company that forged a former employee's non-compete contract and later sued and settled with another company over that false document isn't entitled to summary judgment in a new suit brought by the other company after it learned the document was forged, ruled the Indiana Court of Appeals.
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Judges Speakers Bureau to reach out to students

April 29, 2009
IL Staff
The Indiana Supreme Court announced today the creation of a Judges Speakers Bureau to bring judges into classrooms across the state.
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Insurer needs notice of claim to defend it

April 28, 2009
Jennifer Nelson
An insurer can't defend a claim of which it has no knowledge and its duty to defend doesn't begin until it receives basic notice information to allow it to defend a claim, ruled the Indiana Supreme Court.
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COA upholds workplace restraining order

April 28, 2009
Jennifer Nelson
The Indiana Court of Appeals today analyzed for the first time the legal parameters required to affirm an order issued to protect a person under the Workplace Violence Restraining Order Act. The appellate court turned to the Indiana Civil Protection Order Act to provide context for analyzing cases under the WVROA.
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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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