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Some Lake civil cases go to random filing

January 28, 2009
Michael Hoskins
Attorneys opening new civil cases in Lake County should note that a new random filing system is being put in place, a plan described as the most extensive use of this in the county's history.
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Trial court couldn't modify man's sentence

January 28, 2009
Jennifer Nelson
Finding the addition of the term "imposed" to an amendment of Indiana Code Section 35-38-1-17(a) in 2005 to be critical in a man's appeal of his sentence, the Indiana Court of Appeals affirmed the denial of his motion to modify his second sentence.
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Snow closes some federal, county courts

January 28, 2009
Michael Hoskins
The foot or more of snow dumped on the southern two-thirds of Indiana hasn't stopped some attorneys from making it to their offices today, but it has closed some courts around the state.
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Judges differ in stipulation matter

January 27, 2009
Jennifer Nelson
A panel of Indiana Court of Appeals judges disagreed on whether a defendant pleaded guilty to the enhancement of his auto theft conviction based on his previous conviction for a similar crime.
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COA: Wife is liable for mortgages

January 27, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a judgment against a woman who denied signing for mortgages that are now in foreclosure; however, the judges disagreed whether the mortgage holder proved default under the terms of the notes.
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Counties seeking comment on rule changes

January 27, 2009
IL Staff
Two central Indiana counties are seeking public comment on proposed local rule changes.
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Court sanctions school corporation a third time

January 26, 2009
Jennifer Nelson
A Northern District magistrate judge has issued sanctions for the third time against Gary Community School Corp. for its lack of cooperation in a suit involving a transgender student.
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CLE to discuss art, law

January 26, 2009
IL Staff
The Harrison Center for the Arts in Indianapolis is pairing art and the law Feb. 6 in a new exhibit, "Harrison, Kleeman & Miller." Before the exhibit opens, Rule 1.1 is sponsoring a free CLE on art and law.
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Allen Circuit judge faces misconduct charges

January 26, 2009
Michael Hoskins
The Indiana Commission on Judicial Qualifications filed misconduct charges today against Allen Circuit Judge Thomas Felts, who pleaded guilty last year to drunk driving.
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COA travels to West Lafayette for arguments

January 26, 2009
IL Staff
The Indiana Court of Appeals will visit West Lafayette Tuesday to hear arguments in a case involving a warrantless search of a vehicle.
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Marion County presiding judge named

January 23, 2009
IL Staff
The state's largest county court system has new leadership for the next two years. Marion Superior Judge Robert Altice, a Republican, became presiding judge of the court system for a two-year term.
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Justices: City can proceed with ELA claim

January 23, 2009
Jennifer Nelson
The Indiana Supreme Court held that the city of South Bend's claim under the Environmental Legal Action statute can continue because the statute of limitations hadn't run out.
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Miscarriage an 'act' in intimidation charge

January 22, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed today a man's conviction of and sentence for intimidation after he threatened his wife, who recently miscarried. The appellate court ruled the miscarriage fulfilled the "act" part of the charge as contemplated by Indiana statute.
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High court rules on landlord-tenant dispute

January 22, 2009
Michael Hoskins
Landlords must refund a security deposit and can't get money back for property damage if they don't adequately or timely notify tenants about those claims, but landlords can still recover unpaid rent and other losses, the Indiana Supreme Court ruled today.
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Court dismisses photograph suit

January 21, 2009
Jennifer Nelson
A man's pro se prisoner suit against the public information officer of a correctional facility and a reporter that he claimed are responsible for his shooting injury was dismissed Tuesday by a U.S. District Court judge.
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Judge's suspension begins Feb. 11

January 21, 2009
Jennifer Nelson
An Allen County judge sanctioned as a result of his conduct in a fellow jurist's courtroom will serve a three-day suspension without pay beginning Feb. 11, the Indiana Supreme Court announced today.
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Lilly must produce files from noose incident

January 21, 2009
Jennifer Nelson
Eli Lilly & Co. must produce documents related to the handling of a noose being found in an area its employees frequent for discovery in a separate suit alleging discrimination in the company.
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Commission admonishes Miami Superior judge

January 20, 2009
Jennifer Nelson
A Miami Superior judge received a public admonition today from the Indiana Commission on Judicial Qualifications for granting an ex parte petition in a child custody case. The commission also noted it has repeatedly addressed this type of violation for years.
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COA adopts 'compromise approach' of theory

January 20, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed a man's conviction of child molesting, ruling he failed to prove the trial court erred by excluding certain evidence regarding his victim.
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Opponents won't appeal Geist annexation

January 20, 2009
Michael Hoskins
Opponents from the 66,000-person town of Geist announced Monday they won't appeal annexation to Fishers.
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Indianapolis Bar Association relocating

January 19, 2009
IL Staff
Starting in February, attorneys with business at the Indianapolis Bar Association or Indianapolis Bar Foundation will have to head one block north of the groups' current location.
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Firm cuts 2 percent of workforce

January 19, 2009
Michael Hoskins
Indianapolis law firm Ice Miller is cutting about 2 percent of its total workforce, a reduction that doesn't include any attorneys and that the firm denies is a result of the current economic climate.
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Legislator wants elected high court jurists

January 16, 2009
IL Staff
One Indiana legislator wants to make changes to the state's highest court, including how the jurists are seated.
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Panelists to discuss Indiana's role in election

January 16, 2009
IL Staff
The American Constitution Society for Law and Policy's Indianapolis Lawyer Chapter is bringing together attorneys, a state representative, and a political science professor Jan. 27 to discuss the 2008 presidential election results in Indiana and the country.
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Law professor to discuss voter ID research

January 15, 2009
IL Staff
A professor from Indiana University School of Law - Indianapolis will discuss his research and study of the state's photo ID requirement on the rejection rate of voters at a free event this month.
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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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