Latest News

Event to discuss court history

October 24, 2008
IL Staff
A new annual event has been created by the Historical Society of the United States District Court for the Southern District of Indiana to focus on past and present legal issues, part of the group's shift from project-focused events to membership focused efforts.
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High court transfer filed in early-voting case

October 24, 2008
Jennifer Nelson
The plaintiffs in a suit challenging Lake County early-voting satellite locations are appealing a special judge's order to keep the locations open to the Indiana Supreme Court.
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New St. Joseph Superior judge appointed

October 24, 2008
IL Staff
Gov. Mitch Daniels has appointed South Bend attorney Margot Fisher Reagan to St. Joseph Superior Court to replace the retired Judge William T. Means.
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Update: Transfer denied in early-voting case

October 24, 2008
Jennifer Nelson
The Indiana Supreme Court has denied a request from two Lake County Republicans to hear an appeal challenging an order to keep early-voting satellite locations open.
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EBA members affirm all judicial candidates

October 24, 2008
IL Staff
The Evansville Bar Association has released the results of the survey of its members regarding the retention of three Vanderburgh Superior judges running for re-election in November.
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Court finds fax to be a contract

October 24, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed summary judgment in favor of a landlord in his breach of lease claims against the Indiana Bureau of Motor Vehicles, finding a faxed agreement amending the original terms of the lease constituted a contract.
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Missing attorney found dead

October 23, 2008
Jennifer Nelson
A Bremen attorney was found dead Oct. 20 by police in a field in northern Indiana. Ronald Sowers, 70, died from a self-inflicted gunshot wound to the chest.
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ND athletics director speaker at legal clinic event

October 23, 2008
IL Staff
The University of Notre Dame athletics director will be the keynote speaker at the Neighborhood Christian Legal Clinic's annual Justice for All Celebration.
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COA revises child molesting sentence

October 23, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a man's convictions of child molesting, but reduced his sentence because he can't be considered among the worst offenders to justify the maximum sentence.
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Special judge: Keep early-voting sites open

October 22, 2008
Jennifer Nelson
A special judge has ordered satellite early-voting sites in East Chicago, Gary, and Hammond to remain open over the objections of two Lake County Republicans.
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Attorney faces charges of mail, wire fraud

October 22, 2008
Jennifer Nelson
A federal grand jury in Hammond has indicted a Schererville attorney with two counts of wire fraud and one count of mail fraud after being accused of stealing money from two clients.
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High court to hear riverboat receipts arguments

October 22, 2008
Jennifer Nelson
The Indiana Supreme Court will hear arguments Thursday in two cases involving the dispersion of a percentage of riverboat casino revenues in East Chicago.
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Judge declines to interfere with voter ID law

October 22, 2008
Michael Hoskins
A federal judge in Indianapolis won't interfere with the state law requiring voters to show photo identification at the election polls.
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Economic presence meets taxing requirement

October 21, 2008
Jennifer Nelson
In a matter of first impression, the Indiana Tax Court has ruled that a bank didn't need to have a physical presence in the state to be subject to Indiana's Financial Institutions Tax.
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Justices disagree about jury instruction

October 21, 2008
Jennifer Nelson
The Indiana Supreme Court was split in its ruling that a trial court properly instructed a jury regarding a habitual offender finding, with the dissenters arguing the court's instruction was inadequate as compared to the defendant's proposed jury instruction.
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Special judge invalidates local impact fee

October 21, 2008
Michael Hoskins
In the first court decision of its kind in Indiana, a special judge has invalidated Zionsville's parks impact fee because it violates state statute.
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Child Advocates relocates

October 21, 2008
IL Staff
Child Advocates has relocated its offices, where it will have an open house from 4 to 6 p.m. Oct. 30.The organization moved to 8200 Haverstick Road, Suite 240, Indianapolis, IN 46240. The event is open to the public. People interested in attending should RSVP by Oct. 24 to Dionne@childadvocates.net or call (317) 493-2240.
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Court rules on media access to CHINS cases

October 21, 2008
Jennifer Nelson
For the second time this month, the Indiana Court of Appeals has ruled on media access of CHINS records in a high-profile case involving the death of a child.
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Judges disagree on punitive damages award

October 20, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a compensatory damage award today for a couple that was attacked, but the majority remanded the trial court's punitive damage award because it was excessive.
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Professor to take part in international workshop

October 20, 2008
IL Staff
Indiana University School of Law - Bloomington distinguished professor and director of the Center for Applied Cybersecurity Research Fred Cate will participate in a workshop in Brussels Oct. 22 to discuss interaction between European Union data protection laws and U.S. e-discovery rules.
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IU Law - Indy to host roundtable on economy

October 20, 2008
IL Staff
Indiana University School of Law - Indianapolis faculty members will discuss Thursday their analyses of the current economic issues facing the U.S. in a roundtable discussion, "The Economic Crisis and the Emergency Economic Stabilization Act of 2008."
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1st pro bono appeals program case gets transfer

October 17, 2008
Jennifer Nelson
The Indiana Supreme Court granted has granted transfer to two cases, including the first case from the Indiana State Bar Association's pro bono appellate program.
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St. Joseph Bar releases judicial evaluation

October 16, 2008
IL Staff
St. Joseph County Bar Association members have evaluated the five St. Joseph Superior judges up for retention this year - Judges Roland W. Chamblee Jr., David C. Chapleau, Jerome Frese, Jenny Pitts Manier, John M. Marnocha, Jane Woodward Miller, and Michael P. Scopelitis. All of the judges received a combined average score of either average/acceptable or above average.
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Justices tap special judge in Lake County case

October 16, 2008
IL Staff
The Indiana Supreme Court has appointed Lake Superior Judge Diane Kavadias Schneider, Civil Division 1, as a special judge in the consolidated Lake County cases involving the operations of early-voting sites in East Chicago, Gary, and Hammond, according to Kathryn Dolan, Indiana Supreme Court spokesperson.
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COA opts for judicial restraint

October 16, 2008
Michael Hoskins
The Indiana Court of Appeals has opted for judicial restraint in not deciding whether state statutes involving the Commerce Clause and the use of clean coal technology are unconstitutional.
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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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