Latest News

Lawyer to speak about detainee client

September 8, 2008
IL Staff
The Indianapolis Lawyer Chapter of the American Constitution Society will present "Boumediene: Where do we go from here?" at noon Sept. 11 at Ice Miller in Indianapolis.
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Golf event for home-building non-profit

September 8, 2008
IL StaffMore

Commission OK to rule on territory dispute

September 8, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed an order by the Indiana Utility Regulatory Commission, finding the commission had the authority to hear a dispute between a town and a water company.
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Court not ready to create paralegal rule

September 8, 2008
Michael Hoskins
The Indiana Supreme Court has declined to create a rule on paralegal registration for the state, putting a kink in an effort that's been under way for years.
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Partners receive public reprimand for ads' use

September 5, 2008
Jennifer Nelson
Two partners in the Indianapolis law firm Benkie & Crawford received public reprimands from the Indiana Supreme Court Thursday for attorney misconduct in their advertisements for legal services.
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Judge clears way for $4.5 million settlement

September 5, 2008
Jennifer Nelson
A U.S. District magistrate judge granted a joint motion Sept. 2 to vacate a jury verdict in favor of a man wrongfully imprisoned for rape, allowing a settlement reached between the man and the city of Hammond to be approved.
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Court sponsors Lincoln lecture, free CLE

September 5, 2008
IL StaffMore

Supreme Court grants 2 transfers

September 5, 2008
Jennifer Nelson
The Indiana Supreme Court granted two transfers Sept. 4, including one involving whether a juvenile court can order probation after a juvenile is ordered to commitment in the Department of Correction.
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Fishers company loses Marilyn Monroe suit

September 4, 2008
Michael Hoskins
An intellectual property licensing firm in Fishers has lost a federal lawsuit involving iconic images of the late actress Marilyn Monroe and the right of publicity.
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Federal court names new chief probation officer

September 4, 2008
IL Staff
The United States District Court for the Southern District of Indiana has appointed - effective immediately - a new chief probation officer, who also is the first African-American to serve in that capacity in the district.
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COA: Mortgage lien holder has priority

September 3, 2008
Jennifer Nelson
The Indiana Court of Appeals determined today that two contractors with mechanic's liens did not have priority over the mortgage lien held by the bank in a foreclosure action, discussing a law in a ruling for only the second time since it was enacted in 1999.
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ISBA seeks lawyers for election program

September 3, 2008
IL Staff
The Indiana State Bar Association is looking for attorneys to help educate students about government and voting on Election Day.
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Convictions don't violate double jeopardy

September 3, 2008
Jennifer Nelson
The Indiana Supreme Court affirmed today a post-conviction court's denial of a defendant's petition for relief, finding his convictions of burglary and attempted armed robbery didn't violate Indiana's double jeopardy clause.
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Government can create fire protection district

September 2, 2008
Jennifer Nelson
A board of commissioners in a southern Indiana county had the authority under Indiana statute to pass an ordinance creating a county-wide fire protection district, the Indiana Court of Appeals ruled today.
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ACLU panel to discuss sex ed in school

September 2, 2008
IL Staff
The ACLU of Indiana's First Wednesday lunchtime discussions for the fall season kicks off tomorrow with the topic of "Sex Ed: What Should Schools be Teaching?"
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President nominates federal judge for 7th Circuit

August 29, 2008
Michael Hoskins
President George W. Bush has nominated U.S. District Judge Philip P. Simon to the 7th Circuit Court of Appeals in Chicago.
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Commission mulls retention, mandates

August 29, 2008
Michael Hoskins
A legislative study committee on courts delved into a variety of topics on Thursday afternoon, ranging from a new judicial retention Web site, judicial mandates, and the first new court request of the year.
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Founding partner of Indy law firm dies

August 29, 2008
Jennifer Nelson
Mark W. Gray, a founding partner of Indianapolis-based Kightlinger & Gray, died Aug. 27 after a nearly four-year struggle with heart disease and cancer. He was 91.
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Court split on mother's battery conviction

August 29, 2008
Jennifer Nelson
In a split decision by the Indiana Court of Appeals, the majority upheld a mother's conviction of battery against her daughter, but one judge felt her conviction had to be overturned in light of a recent Indiana Supreme Court decision.
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Walk to raise awareness for non-profit's mission

August 28, 2008
IL Staff
The CEO of an organization that assists victims of sexual assault will embark on a 10-day walk next week across Indiana to raise awareness and funds for the Indiana Coalition Against Sexual Assault and the anti-sexual violence movement.
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7th Circuit won't rehear in vitro caseRestricted Content

August 22, 2008
Michael Hoskins
The full 7th Circuit Court of Appeals won't rehear a case of first impression involving an Indiana woman's claim that she was wrongfully fired for taking time off for in vitro fertilization, and attorneys haven't decided whether to seek further review by the U.S. Supreme Court.
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Adult son could file paternity, support petition

August 21, 2008
Jennifer Nelson
A retroactive child support action brought by an adult child presented an issue of first impression for the Indiana Court of Appeals, which ruled the adult child could bring the action, but his mother would be the proper recipient of the retroactive payments.
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7th Circuit affirms, reverses wine rulingRestricted Content

August 8, 2008
Michael Hoskins
The 7th Circuit Court of Appeals has recognized Indiana's interest in keeping wine out of minors' hands, ruling that Hoosiers who want to order alcohol online or by phone will have to first make face-to-face contact at a winery to verify their age before being allowed to make the purchase.
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'Merchant of Venice' performance Saturday

July 31, 2008
IL Staff
The Heartland Actors' Repertory Theatre will perform William Shakespeare's "The Merchant of Venice" Aug. 2 outside in downtown Indianapolis. The play, which is free, includes a famous courtroom scene.
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Former Schererville judge sentenced

July 23, 2008
Michael Hoskins
A former judge in Lake County received a 15-month federal prison sentence on Thursday, four years after being indicted for extortion and fraud, and two years after she pleaded guilty to getting kickbacks from more than 1,000 defendants that she'd sentenced to driving school and counseling classes she secretly owned and personally profited from.
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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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