Latest News

Bird settles French Lick lawsuit

October 8, 2008
IBJ Staff
Larry Bird has settled a lawsuit against a bed-and-breakfast that operates from his boyhood home in the southern Indiana town of French Lick.
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Award recognizes medical-legal partnership

October 8, 2008
IL Staff
The Wishard Medical-Legal Partnership for Patient Health has received a Preventative Medicine and Public Health Award from the Indiana Public Health Foundation for its efforts to improve health care for children.
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Court amends public accessibility, other rules

October 8, 2008
Michael Hoskins
The Indiana Supreme Court has revised its administrative and appellate rules governing how trial courts make records publicly accessible and how appeals are handled in certain cases requiring confidentiality.
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Connected attorney reflects on patent film

October 7, 2008
Rebecca Berfanger
After seeing the film "Flash of Genius," about a man who sued the auto industry over what he claimed was his design for intermittent windshield wipers, an Indianapolis attorney who represented Mercedes (Daimler-Benz Aktiengesellschaft) against the real life Bob Kearns has his own take on the film.
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Lecture to cover religion, Constitution

October 7, 2008
IL Staff
Columbia University Law School professor Kent Greenawalt will speak about church and state at a public lecture Thursday that precedes an academic conference of law and religion scholars at the University of Notre Dame Law School.
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Former commissioner testifies against judge

October 7, 2008
Michael Hoskins
A former Marion County commissioner took the stand against the judge she once worked for, hinting at a pattern of disorganization in his courtroom. However, she took most of the blame for an almost two-year delay in releasing a man who had been cleared of rape charges.
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COA: Insurance company can't deny coverage

October 7, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a trial court's decision that an insurance company was estopped from denying coverage to the suspected driver of a car because the company failed to properly preserve its right to deny the driver coverage.
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COA disagrees on reason to grant appeal

October 6, 2008
Jennifer Nelson
The Indiana Court of Appeals unanimously reversed the revocation of a man's probation but disagreed as to the manner in which the appellate court was authorized to do so.
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Retired teacher to be honored for CASA work

October 6, 2008
IL Staff
A retired teacher will be honored Thursday for her volunteer work for Court Appointed Special Advocates.
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Disciplinary case ends for 1, continues for judge

October 6, 2008
Michael Hoskins
A Marion County commissioner has resolved the judicial disciplinary action against her, though a similar case against her supervising judge proceeded today with the start of a two-day hearing.
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President Bush signs Great Lakes Compact

October 6, 2008
IL Staff
An updated multi-state compact to implement more protections to the Great Lakes has been signed into law. President George W. Bush signed the Great Lakes-St. Lawrence River Basin Water Resources Compact Oct. 3.
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Rhode Island CJ to give Lincoln lecture

October 3, 2008
IL Staff
The Indiana Supreme Court is sponsoring a lecture by the chief justice of the Rhode Island Supreme Court, titled "Abraham Lincoln: Lawyer in the White House." Chief Justice Frank Williams is a scholar and major collector of Lincoln paraphernalia.
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4.4 million Hoosiers registered to vote

October 3, 2008
IL Staff
ccording to the Indiana Secretary of State's Web site, Indiana has nearly 4.4 million registered voters, based on information last updated Sept. 27.
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COA uses opinion to clarify sentence claims

October 3, 2008
Jennifer Nelson
The Indiana Court of Appeals used a defendant's appeal today to clarify that inappropriate sentence claims and abuse of discretion claims are to be analyzed separately.
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Bar wants merit-based selection extended

October 2, 2008
IL Staff
The Lake County Bar Association will send a delegation to Friday's Commission on Courts meeting to endorse the adoption of legislation that would support merit-based selection of judges to the County Courts Division.
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Manslaughter article nets law professor award

October 2, 2008
IL Staff
An Indiana University School of Law - Bloomington professor has won a prestigious national award for the article he co-authored with an IU-Bloomington psychology professor about voluntary manslaughter.
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COA: Collateral estoppel not applicable

October 2, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a motion to suppress evidence because the defendant couldn't prove collateral estoppel precluded the trial court from denying his motion.
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Agency sues DOC over mentally ill prisoners

October 2, 2008
Michael Hoskins
A state agency created in response to a federal mandate is suing the Indiana Department of Correction for what it claims is poor treatment of mentally ill prisoners.
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EBA executive director retires

October 1, 2008
IL Staff
Susan Helfrich, executive director of the Evansville Bar Association and Evansville Bar Foundation, retires today after nearly 25 years of service to the organizations.
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Northern District amends magistrate local rule

October 1, 2008
IL Staff
The United States District Court for the Northern District of Indiana has amended its Local Rule 72.1 - Authority of United States Magistrate Judges.
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Transfer granted in write-offs case

October 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer yesterday to a case of first impression involving write-offs and insurance benefits.
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Forfeiture of money to FBI allowed

October 1, 2008
Jennifer Nelson
A man whose $12,000 was seized following an arrest after a traffic stop wasn't entitled to get his money back from the FBI because the organization properly followed the rules, and even went above typical forfeiture proceedings in an attempt to inform the man of the seized money.
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Amendment trumps high court ruling

September 30, 2008
Jennifer Nelson
Addressing the issue for the first time since the legislature amended the state's Workers' Compensation Act in 2006, the Indiana Court of Appeals ruled today the amendment overrules an earlier Indiana Supreme Court decision that placed the burden of proof on employers in cases involving "neutral risk" incidents.
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Judges disagree on attorney fee provision

September 30, 2008
Michael Hoskins
A legal battle that was once about Indiana's requirements to obtain a driver's license or state identification turned into a tug-of-war appeal about attorney fees.
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Transfer granted to school financing case

September 29, 2008
IL Staff
The Indiana Supreme Court granted transfer last week to a case of first impression involving the courts' authority to review the state's school financing formula.
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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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