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Majority: hospital owed duty to patient

January 1, 2008
Jennifer Nelson
Indiana Court of Appeals judges were split in their decision March 12 regarding whether a hospital that performed a surgery on a woman with suspected domestic violence injuries should have prevented her from leaving with her ex-husband and alleged abuser, who later killed both of them on the way home from the hospital. At issue in Ava McSwane and Danielle Hays v. Bloomington Hospital and Healthcare System and Jean M. Eelma, M.D., No. 53A04-0705-CV-243, is what duty the hospital owed to McSwane's daughter, Malia...
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Indiana law schools rank in annual report

January 1, 2008
IL Staff
Indiana's four law schools once again were among the rankings for the U.S. News & World Report's annual report of graduate schools.Based on data from fall 2007 and early 2008, three of the state's law schools ranked in the top 100 of schools. The University of Notre Dame Law School is at 22, up from 28 last year; Indiana University School of Law - Bloomington, 36th, retained its ranking from last year; and Indiana University School of Law - Indianapolis is...
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New voter ID lawsuit filed

January 1, 2008
Michael Hoskins
The League of Women Voters of Indiana filed a lawsuit today in Marion County challenging the state's three-year-old voter identification statute recently upheld by the U.S. Supreme Court.At 2 p.m. today, the organization filed the suit with the Marion Superior Court against Indiana Secretary of State Todd Rokita, arguing that it has the standing to sue on behalf of its members because the state statute burdens potential voters and would cause the league to have to spend "precious resources" assisting voters...
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COA affirms conservancy district

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals had the opportunity to determine whether construction of a bridge and road is permitted under Indiana Code when establishing a conservancy district, but didn't rule on the issue because taxpayers wouldn't be responsible for paying for construction.In In re: Petition for the establishment of the Millpond Conservancy District, No. 76A03-0711-CV-536, remonstrators argued the trial court erred in establishing a conservancy district initiated by the Town of Hamilton. They claim because the construction of a road and bridge...
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Missing records case affirmed

January 1, 2008
Michael Hoskins
Don't go looking for any reference in a Thursday memorandum opinion relating to missing court files in an Allen County murder case. You won't find one.The Indiana Court of Appeals affirmed the murder conviction of Daniel Favela, whose case made the news last year after his mother had been jailed for about two weeks on contempt of court charges for taking, hiding, and refusing to turn over the 13-volume file in her son's appeal. Adela Favela finally returned them to Allen...
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Builders want impact fee case dismissed

January 1, 2008
Michael Hoskins
The Builders Association of Greater Indianapolis wants a lawsuit dismissed that involves the lawfulness of park impact fees in Zionsville. Attorneys for BAGI filed a motion for summary judgment on March 5 in Builders Association of Greater Indianapolis v. Zionsville, which was filed in October 2006 and challenges the town's impact fee ordinance adopted in 2005.Park impact fees go to recreational land and facilities necessitated by new residents, and are usually paid for by homebuilders when obtaining a building permit to...
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Legal Aid receives $9,000

January 1, 2008
IL Staff
The Tippecanoe County Bar Association has granted $9,000 to the Legal Aid Corporation of Tippecanoe County.The bar association decided at its March 3 meeting to give Legal Aid $8,000 now and an additional $1,000 in September if bar association's finances allow. Legal Aid is a non-profit United Way agency that provides legal assistance for low-income residents of Tippecanoe County with family-law issues.
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COA: Bank not required to restrict withdrawals

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals today reversed a small claims court ruling that held a bank in contempt for failing to restrict the withdrawal of funds from a garnishee's account, noting the bank followed procedure according to Indiana Code. In JPMorgan Chase Bank, N.A. v. Laura and Dennis Brown, c/o Green, Richard & Trent and Rebecca Recht, No. 02A03-0801-CV-2, the appellate court had to interpret I.C. Section 28-9-4-2 to determine whether a depository financial institution that has received notice of garnishment proceedings...
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Prosecutor files to suspend judge's license

January 1, 2008
Jennifer Nelson
The Marion County Prosecutor's Office will ask that Allen Circuit Judge Thomas Felts' driver's license be suspended following the results of a blood test. The prosecutor's office received the results this morning, which showed Judge Felts' blood alcohol level was 0.19 when he was tested July 18. Matthew Symons, spokesperson for the Marion County Prosecutor's Office, said the office would file a motion to suspend Judge Felts' license today. It is up to the trial court judge whether or not the...
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Panel to discuss race, death penalty

January 1, 2008
IL Staff
The Black Law Students Association and the American Constitution Society of Indiana University School of Law - Bloomington are sponsoring the program, "Intersection of Race and Jury Composition with the Death Penalty" April 1.Panelists for the program are: Marla Sandys, associate professor of criminal justice at IU - Bloomington; Paula Sites, Indiana Public Defender Council; and Jessie Cook, an attorney in private practice who has dealt with death penalty cases. In addition to discussing the issue of race and the death...
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Indiana State Bar Association files new trust mill suit: Indianapolis company accused of unauthorized practice of law

January 1, 2008
Michael Hoskins
A decade ago, Vesser and Helen Davis met with an estate planning company representative about how to divvy up their assets and their Hamilton County farm. That representative drew on a flipchart, illustrated ways a partnership and corporation could be set up, outlined differences between wills and trusts, explained the probate process, and advised the pair how they could arrange their finances and establish a corporate structure for the family farm business. In the end, they paid thousands of dollars for...
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Chief public defender going to immigration firm

January 1, 2008
Michael Hoskins
When Marion County's chief public defender steps down in February, he plans to work for an immigration and naturalization firm in Indianapolis.David E. Cook, who's been the county's top public defender since 1995, submitted his resignation in December to the Marion County Public Defender's Office. He's continuing in the post until mid-February to allow time for a replacement to be found.On Feb. 18, the 61-year-old attorney plans to join Gresk & Singleton in a new office being built at 10th and...
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Indiana lawyer helped reporter win in Africa

January 1, 2008
Rebecca Berfanger
A case where an African country's government was accused of kidnapping and torturing a journalist was decided on June 5 in favor of the reporter and his family.Indianapolis attorney Dan Byron assisted the Ghana-based Media Foundation for West Africa, which filed the suit on behalf of Chief Ebrima Manneh.Byron spent October and November in Africa and has remained in touch with the foundation's attorneys since then.In what Byron called a "good day for human rights and press rights in West Africa"...
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Juvenile court to be featured in documentary

January 1, 2008
IL Staff
A Lake County juvenile court will once again allow cameras in to capture the inner workings of the court for a nationally broadcast documentary.Indianapolis documentary filmmaker Karen Grau will have access to Judge Mary Beth Bonaventura's courtroom in Crown Point to film and produce six, one-hour documentary programs. The goal of the series is to shed light on the issues facing the courts and children served by the court. Because of the nature of the documentary, the Indiana Supreme Court authorized...
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COA affirms dismissal of complaint

January 1, 2008
Jennifer Nelson
An Anderson man who filed a complaint against the officers that arrested him and two police departments filed his civil action outside of the statute of limitation, the Indiana Court of Appeals ruled April 28.The appellate court agreed with the trial court in Jon S. Johnson v. Stephon Blackwell, et al., No. 49A02-0709-CV-759, that Johnson filed his four-count complaint against two detectives, the Madison County Sheriff's Department, and the Anderson Police Department after the two-year statute of limitations expired. After receiving a...
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COA affirms $17.9 million judgment against firm

January 1, 2008
Michael Hoskins
Two years ago, a jury hit an Indianapolis law firm with a $17.9 million verdict after it found the firm liable for a failed health plan that left 8,200 Hoosier with unpaid medical bills.The Indiana Court of Appeals affirmed an appeal from that general jury verdict and judgment in favor of the state's insurance commissioner, Jim Atterholt. The 37-page opinion, which includes a two-page dissent from Judge Carr Darden, comes in Frederick W. Dennerline III, and Fillenwarth Dennerline Groth & Towe...
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Appeal likely in license-plate fee suit

January 1, 2008
Michael Hoskins
The Indiana Court of Appeals will likely be asked to consider whether the Hoosier license plates proclaiming "In God We Trust" violate the state constitution regarding the fees not attached for motorists.Following a ruling released Thursday by Marion Superior Judge Gary Miller, the American Civil Liberties Union of Indiana plans to appeal on behalf of a Fort Wayne man who sued over the plate a year ago. At issue in Mark E. Studler v. Indiana BMV, No. 49D05-0704-PL-016603, was the $15...
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SCOTUS hears voter ID case

January 1, 2008
Michael Hoskins
Arguments played out in the Supreme Court of the United States this morning on the legality of Indiana's voter identification law.The nine justices heard an hour of arguments at 10 a.m. in the combined Hoosier cases of Crawford v. Marion County Election Board, No. 07-21, and Indiana Democratic Party v. Rokita, No. 07-25. Both challenge the state's three-year-old voter photo ID law that's been upheld by both U.S. District Judge Sarah Evans Barker and the 7th Circuit Court of Appeals.Stakes are...
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COA sides with Lauth in casino suit

January 1, 2008
Michael Hoskins
Indianapolis commercial developer Lauth didn't breach a joint venture contract or any of its duties with other parties by partnering with the Bloomington-based Cook Group on an Orange County riverboat casino project, the Indiana Court of Appeals ruled today.In a unanimous holding in Lauth Indiana Resort & Casino LLC v. Lost River Development LLC, et al., 29A02-0710-CV-839, the court ruled on an issue of first impression about when a joint venture terminates in situations where the agreements contain no specific termination date,...
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Judge denies motion to reconsider

January 1, 2008
Michael Hoskins
A federal judge took some time this week to defend a previous decision that dropped Indiana as a defendant in a suit filed by a Fort Wayne man who accuses police, prosecutors, and the Allen Circuit Court of discriminating against him.Pro se plaintiff Derrick O. Martin asked U.S. District Judge Philip Simon, Northern District of Indiana, Fort Wayne Division, to reconsider the court's ruling from earlier this year. The judge issued a three-page opinion Wednesday denying the request that claimed the...
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Court to consider juvenile detention funding

January 1, 2008
Michael Hoskins
The Indiana Court of Appeals is considering a case this week that has statewide implications on who must pay to operate juvenile detention facilities - the state or individual counties.Arguments are set April 17 in Marion County and St. Joseph County v. State of Indiana, 73A01-0705-CV-238, a suit the counties brought after Indiana tried to recover about $75 million it spent in operating juvenile detention facilities in those two areas. The court will decide whether the trial court erred in entering a decision...
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Courts may modify custody upon relocation

January 1, 2008
Jennifer Nelson
Trial courts are not required to order a change in custody upon a parental relocation under a 2006 Indiana statute, the Indiana Supreme Court decided today. The high court ruled trial courts are allowed to modify custody arrangements at their own discretion. In Valerie Raich Baxendale v. Samuel Raich, III, No. 64S05-0709-CV-372, the Indiana Supreme Court reversed the Indiana Court of Appeals decision, finding the trial court's balancing of relevant considerations in granting physical custody of A.R. to Raich was not erroneous....
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Federal suit targets new sex-offender law

January 1, 2008
Michael Hoskins
The American Civil Liberties Union of Indiana filed a federal suit Thursday against every state prosecutor and sheriff's office, hoping to stop them from enforcing a new sex-offender law set to begin July 1.Specifically, the class action suit challenges a provision of the new law that will require those registered on the statewide registry to give blanket consent for searches of their computers.The challenge comes less than two weeks after Gov. Mitch Daniels signed into law the measure that hails from...
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Justices to hear 2 arguments

January 1, 2008
Michael Hoskins
The Indiana Supreme Court will hear two arguments Thursday morning.At 9 a.m., justices will hear a direct appeal in David Camm v. State, No. 87S00-0612-CR-499, which comes from Warrick Superior Court and involves a former state trooper convicted two years ago of murdering his family.Camm is serving a life sentence without possibility of parole following his second conviction in the September 2000 murders of his wife and their two children, 7-year-old Bradley and 5-year-old Jill, in southern Indiana. The Indiana Court...
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SCOTUS denies Vanderburgh County case

January 1, 2008
Michael Hoskins
The nation's highest court won't take a Vanderburgh County case decided last year by the Indiana Supreme Court, which by a split vote reinstated the death sentence for a man convicted of murdering his wife and two young children.At its weekly private conference March 28, the U.S. Supreme Court denied certiorari in Paul M. McManus v. State of Indiana, No. 07-8435. After ruling in State of Indiana v. Paul M. McManus, No. 82S00-0503-PD-78, June 27, 2007, the Indiana Supreme Court denied a...
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  1. This guy sounds like the classic molester/manipulator.

  2. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  3. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  4. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  5. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

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