Latest News

Judge: Wine shipping law unconstitutional

January 1, 2007
Michael Hoskins
Indiana's law prohibiting out-of-state wineries from shipping to Hoosier customers without face-to-face contact is unconstitutional, a federal judge in Indianapolis has ruled.U.S. District Judge John D. Tinder issued a 71-page decision http://www.insd.uscourts.gov/News/Baude.pdf, and a separate four-page judgment http://www.insd.uscourts.gov/News/BaudeJudgment.pdf and injunction late Wednesday in Patrick L. Baude et al. v. David L. Heath and Wine and Sprits Wholesalers of Indiana, No. 1:05-cv-0735-JDT-TAB.At issue in this case was whether state statute involving direct wine shipment violated the out-of-state wineries rights by barring them...
More

Evansville attorney suspended from practice of law

January 1, 2007
Rebecca Berfanger
The Indiana Supreme Court Monday suspended Evansville attorney Bradley Happe from the practice of law, effective immediately until further order of the court. Happe was arrested in March, accused of having a meth lab in his law office and apartment.Indiana Lawyer reported in its May 2 issue that on April 26, the Disciplinary Commission asked the Supreme Court to issue an order of interim suspension because two-thirds of the commission voted that Happe may pose a threat to his clients, and...
More

Second lobbyist leaves Indianapolis-based firm

January 1, 2007
Michael Hoskins
Indianapolis-based Barnes & Thornburgh has lost two of its lobbyists who have been linked to a congressional bribery and corruption scandal surrounding jailed lobbyist Jack Abramoff.Kevin A. Ring resigned Friday from the Washington, D.C., office, managing partner Alan Levin said. This comes more than a year after another lobbyist, Neil Volz, severed his ties with the firm ;s Washington office.The resignation comes amid an ongoing corruption investigation with congressional ties, and Ring ;s background working at Abramoff ;s law firm in...
More

Marion judges choose court administrator

January 1, 2007
Michael Hoskins
An Indianapolis law firm partner who has led three state agencies is the new administrator for Marion County courts. On Monday, the four-judge executive committee chose Glenn R. Lawrence to fill the position, which has been vacant since the former administrator Ron Miller resigned in late March. Since then, Senior Judge Richard Good has been filling in as interim administrator.The committee offered Lawrence the $93,500-salary job Monday afternoon, according to presiding Superior Judge Gerald Zore. Judges had received about 20 applications...
More

Former Allen County judge dies

January 1, 2007
Michael Hoskins
Allen County has lost a former judge who served with distinction in the military's legal arm in the 1950s and returned to serve the county's legal community for four decades as an attorney and jurist.Senior Allen Superior Judge Vern E. Sheldon, who retired in 1998 after more than a decade on the bench, died in his home Sunday after a short illness. He was 77.Judge Sheldon was appointed to the bench in 1985 and elected in 1990, then re-elected without opposition...
More

Justices will consider corporal punishment case

January 1, 2007
Michael Hoskins
The Indiana Supreme Court will take up the issue of a mother's authority to discipline her child by applying corporal punishment, paving the way for justices to analyze the legal line between parental control and child battery.Justices granted transfer Wednesday in Sophia Willis v. State of Indiana, No. 49A02-06110-CR-982, which the Indiana Court of Appeals had decided May 17. Appellate judges affirmed the Marion Superior Court judgment finding sufficient evidence to convict Willis, mother of an 11-year-old, of misdemeanor child battery...
More

Justices grant two transfers

January 1, 2007
Michael Hoskins
The Indiana Supreme Court has decided to consider whether trial courts can order restitution without determining a defendant's ability to pay, and an annexation case involving land in Boone County.Justices granted transfer this week in Brenwick Associates LLC, First Industrial Acquisitions Inc., and Town of Whitestown, Indiana v. Boone County Redevelopment Commission and the Board of Commissioners of Boone County, Indiana, No. 06A04-0611-CV-682; and Jeffrey Pearson v. State of Indiana, No. 45A03-0610-CR-507.In Brenwick, the court will get involved in a land dispute involving...
More

Legal services keeps funding in Hammond

January 1, 2007
Elizabeth Brockett
The city of Hammond will continue to give $20,000 to the local office of Indiana Legal Services Inc. after city officials initially recommended the council cut the funding entirely.The city council voted 5-4 Monday to distribute funds from a federal Community Development Block Grant. The ILS office has received $20,000 for several years from the disbursement; however, the city received less CDBG money than in previous years and reduced funding for several agencies.Richard P. Komyatte, an attorney who practices in Highland...
More

Former lawmaker, public defender champion dies

January 1, 2007
Michael Hoskins
A former state senator who'd served the legal community as a public defender and lobbyist for the Indiana Trial Lawyers Association has died.Robert Hellmann, D-Terre Haute, died late last week at his home after a yearlong battle with cancer. He was 60.Once minority leader in the Indiana Senate, Hellman had been a part of state government since the early 1980s. He was a member of the House of Representatives for four years before being elected to the Senate in 1986, where...
More

Court rules on Merit Board election

January 1, 2007
Jennifer Nelson
The Court of Appeals ruled today that John Buncich can retain his elected position on the Lake County Sheriff's Merit Board. In Lake County Sheriff's Merit Board v. John Buncich, et al., the court affirmed the trial court's decision in favor of Buncich's complaint for declaratory judgment and preliminary injunction, and in the alternative a temporary restraining order to prevent a new election. Buncich ran for a vacant position on Lake County Sheriff's Merit Board in June 2006 and received 83...
More

Court criticizes appellate attorney for not citing material

January 1, 2007
Michael Hoskins
The Indiana Court of Appeals has affirmed a lower court's decision that a man convicted of felony forgery must submit a DNA sample.But that's only part of today's seven-page decision in James Keeney v. State of Indiana, No. 21A01-0611-CR-495, which goes on to admonish an appellate attorney who filed a brief with uncited material.In this case, Keeney challenged last year Fayette Circuit Judge Daniel Pflum's order, which said Keeney needed to submit a DNA sample after pleading guilty to forgery and...
More

Law school announces directors, meeting

January 1, 2007
Rebecca Berfanger
A proposed law school for Indianapolis, the Abraham Clark School of Law, has selected its board of directors and set its next informational meeting.The board is composed of attorneys Jerrold Abramowitz, Richard Bash, Susan Williams, and Patrick Brown; Greg Kranz, who is in the information technology field; and Sonja Brown, a business owner and part-time legal assistant. Mark Montefiori is the founder and director of the law school with 13 years of experience in higher education. There is also an informal...
More

Indiana Black Expo offers look at legal world

January 1, 2007
Michael Hoskins
Visitors to the Indiana Black Expo this weekend will have a chance to see how being a lawyer is cool.Aside from games, giveaways, and the usual expo events, mock trials will be part of the Indianapolis Bar Association's booth during the final weekend of this year's expo, which is Friday through Sunday.For two hours each afternoon, teens from Reach for Youth's Teen Court program will conduct the mock trials, serving as judge, jury, attorneys, and the accused. Audience participation will also...
More

International law lecture Monday

January 1, 2007
IL Staff
"Poodles and Bulldogs: the U.S., Britain and the International Rule of Law" is a public lecture by Philippe Sands, Indiana University School of Law - Bloomington's 2007 Addison C. Harris Lecturer, to be presented in the Moot Court Room at noon Sept. 24. A reception will follow.Sands is professor of law at University College London. A practicing barrister, Sands has extensive experience litigating cases before the International Court of Justice, the International Tribunal for the Law of the Sea, the International...
More

Committed defendant can be charged

January 1, 2007
Jennifer Nelson
The Indiana Court of Appeals reversed and remanded a pre-trial motion to dismiss a pending felony criminal recklessness charge against a defendant, ruling the length of time incompetent defendants are committed to a mental health institution does not allow for dismissal of charges. In State of Indiana v. Charlene Davis, 49A02-0706-CR-545, the state argued the trial court did not have the legal authority to dismiss a Class D felony criminal recklessness charge against Davis. Davis was found to be incompetent to stand...
More

Split court reinstates death sentence

January 1, 2007
Michael Hoskins
The Indiana Supreme Court has reinstated the death sentence for a Vanderburgh County man who a lower court judge found was mentally retarded and should be sentenced to life without parole for the killing of his wife and two young children.A split court issued the 19-page opinion today in State v. Paul M. McManus, No. 82S00-0503-PD-78, with Justices Ted Boehm and Robert d. Rucker dissenting from the majority of Chief Justice Randall T. Shepard, and Justices Brent Dickson and Frank Sullivan.McManus...
More

High court hears 2 cases

January 1, 2007
Michael Hoskins
Justices heard arguments this morning on two cases, one asking whether mayors have veto power over certain zoning variances approved by local officials.First arguments before the Indiana Supreme Court came in Heidbreder, Inc. v. Board of Zoning Appeals of the City of Crown Point, 858 N.E.2d 1999 (Ind. Ct. App. 2006). The Court of Appeals in December reversed the trial court in its decision involving a special-use variance request. The case stems from a request by Heidbreder to locate a concrete...
More

Court revises sentence to fix double jeopardy issue

January 1, 2007
Michael Hoskins
Appellate courts must frequently address claims from convicted criminals that counsel was ineffective, sentences are unreasonable, or that the charges violate double jeopardy.Rarely does the state concede that convictions violate double jeopardy principles, as happened in a case decided Tuesday by the Indiana Supreme Court.In Chad E. Strong v. State of Indiana, No. 20S03-0612-CR-529, the Indiana Attorney General's Office acknowledged the defendant's claim that two convictions - one for murder and another for neglect of a dependent resulting in the same...
More

ND professor speaks on NPR about Supreme Court

January 1, 2007
IL Staff
Among Chief Justice John Roberts' first full term highlights were a number of decisions on race and public schools, free speech, and abortion. Richard W. Garnett, the John Cardinal O'Hara, CSC associate professor of law at Notre Dame University participated in a discussion with two other leading U.S. Supreme Court watchers in front of a live audience at the National Constitution Center in Philadelphia.The July 10 event analyzed highlights of the latest term of the Supreme Court and addressed the question,...
More

Firms focus on agriculture, energy, climate policy

January 1, 2007
Michael Hoskins
Two Indianapolis firms are forming new practice groups to focus on agriculture, energy, and climate-policy issues.Baker & Daniels is assembling an energy and climate policy group of about 10 attorneys with experience in legal areas such as anti-trust, Securities and Exchange Commission, intellectual property, and tax law, according to attorney Terry Hall who will head the group with a colleague in Washington, D.C.The firm has been working for about 18 months on forming the group, and its creation comes at a...
More

Excise tax allowed on couple's marijuana

January 1, 2007
Jennifer Nelson
The Indiana Tax Court granted summary judgment in favor of the Indiana Department of State Revenue in a controlled-substance excise-tax case, ruling Monday that charging the tax does not apply to Indiana's joinder and successive prosecution statutes.In John David Harrison and Jennifer A. Harrison v. Indiana Department of State Revenue, No.49T10-0409-TA-44, the Harrisons appealed the final determination of the Department of State Revenue, which assessed them with a controlled-substance excise tax (CSET) on the nearly 6,500 grams of marijuana police found in...
More

Court clarifies where tax disputes belong

January 1, 2007
Michael Hoskins
General jurisdiction courts don't have the authority to consider cases involving tax law or the Department of Local Government Finance, and the Indiana Court of Appeals says it also doesn't have the authority to remand those cases to the Indiana Tax Court.An appellate panel made its point clear in an opinion on rehearing today in Wayne Township, Marion County, Indiana v. Indiana Department of Local Government Finance, and Martha Womacks, Marion County Auditor, No. 29A05-0611-CV-661. This comes as a clarification and...
More

Courts weighing execution, mental illness

January 1, 2007
Michael Hoskins
Execution and the mentally ill continue to be topics before the courts.The Supreme Court of the United States will hear arguments Wednesday in Panetti v. Quarterman, No. 06-640, a Texas case that asks whether it violates a constitutional ban on cruel and unusual punishment to execute a delusional inmate who does not understand why he is being put to death.That case is one that Indiana Supreme Court justices are closely watching to decide how they ;ll handle a condemned man ;s...
More

High court adopts 'substantial trustworthiness' test

January 1, 2007
Michael Hoskins
The Indiana Supreme Court has adopted a "substantial trustworthiness" test to determine the reliability of hearsay evidence in probation revocation hearings.A 5-0 decision came today in George Reyes v. State of Indiana, 01S02-0612-CR-495, which comes from Adams Circuit Court and involves a man once convicted and imprisoned for aggravated battery. Reyes began probation in 2000 after his release from prison, but in February 2005 his probation officer filed a violation petition because Reyes tested positive for marijuana. An agreement with the...
More

Court reverses probation revocation

January 1, 2007
Michael Hoskins
A mapping system showing a potential day-care center near a residence wasn't enough to convince to the Indiana Court of Appeals that a Marion County sex offender's probation should be revoked for staying at the residence one night.The court unanimously ruled today in Clinton Carden v. State of Indiana, 49A02-0608-CR-700. Marion Superior Magistrate Nancy Broyles had revoked Carden's four-year probation that was a result of his 2001 guilty plea to one felony count of child molesting and part of his overall...
More
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. 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.

  2. 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.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

ADVERTISEMENT