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Valpo grad lands sports law 'dream job'

February 22, 2008
Rebecca Berfanger
A Valparaiso University School of Law 2006 graduate who participated in the school's Sports Law Clinic, including the clinic's work in Turin, Italy, during the 2006 Winter Olympics, will begin work with the United States Anti-Doping Agency in Colorado Springs, Colo., March 10.
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7th Circuit jurist guest judge for competition

February 21, 2008
IL Staff
The final round of the Sherman Minton Moot Court competition will have several distinguished guest judges on the panel, including a 7th Circuit Court of Appeals judge.
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7th Circuit, Supreme Court arguments Friday

February 20, 2008
Michael Hoskins
Anyone wanting to watch or listen to appellate arguments in federal or state court will have a chance Friday.
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Plea agreement spurs lawyer to resign

February 11, 2008
Jennifer Nelson
An Indiana attorney who accepted cocaine from a client as payment for legal services has resigned from the bar.
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ACLU sponsors charter school discussion

February 4, 2008
IL Staff
The American Civil Liberties Union of Indiana's First Wednesdays are back in session starting Feb. 6 with a discussion about charter schools and school vouchers to occur at the same place and time as past First Wednesdays, noon to 12:50 p.m., at the Indiana Historical Society, 450 W. Ohio St.
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Zachary's Law case could go to SCOTUS

January 30, 2008
Michael Hoskins
The Indiana Attorney General's Office wants the nation's highest court to review the 7th Circuit Court of Appeals ruling from last summer on a death-penalty case, which inspired Zachary's Law that requires convicted child molesters to register their addresses in a statewide public database.
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7th Circuit orders new defense counselRestricted Content

January 29, 2008
Jennifer Nelson
In an order handed down late Monday afternoon, the 7th Circuit Court of Appeals relieved a court-appointed defense counsel from representing his client and will appoint new counsel in a future order.
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2 events focus on Kenya

January 24, 2008
Rebecca Berfanger
Two events in Indianapolis will offer a look at the connections between Indianapolis and Kenya, which includes a legal and sister city partnership, and an attorney who was in Kenya during the strife following that country's elections in late December.
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7th Circuit affirms arbitration awardRestricted Content

January 22, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a District Court's confirmation of an arbitration award, but it denied the plaintiff recovery of attorney fees and costs because he will be reimbursed those under the terms of the arbitration agreement.
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7th Circuit: Stop using specialist jargonRestricted Content

January 16, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a District Court ruling in a complex reinsurance case and asked attorneys to be mindful of the language they use in these types of cases.
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7th Circuit won't rehear prayer suit

January 15, 2008
Michael Hoskins
The 7th Circuit Court of Appeals won't rehear en banc Indiana's statehouse prayer suit.
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Court affirms stepfather's visitation rights

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals April 23 affirmed a trial court's decision that a stepfather may continue to have visitation rights with his stepdaughter even though the mother wanted his visitation rights terminated. In Nicole A. Shaffer v. Robert J. Schaffer, No. 22A04-0709-CV-513, Nicole requested Robert's third-party stepparent visitation rights with her daughter, M.S., be terminated because it was in her daughter's best interest to not have any more contact with Robert. Nicole and Robert were married when she had a child...
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Court grants transfer in prisoner suit

January 1, 2008
Michael Hoskins
The Indiana Supreme Court has agreed to hear a case involving whether a man's request challenging his prison detainment should have been treated as post-conviction relief or a writ of habeas corpus.Justices granted transfer late last week in Floyd Tewell v. State of Indiana, No. 48A02-0701-PC-118, which comes after a Nov. 5, 2007, decision from the Court of Appeals that had affirmed a ruling from Madison Superior Judge Thomas Newman Jr.The appeal stems from the court's denial of Tewell's petition for writ...
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COA: insurer owed duty to defend

January 1, 2008
Jennifer Nelson
After nearly 10 years of litigation, the Indiana Court of Appeals has reversed a grant of summary judgment in favor of an insurance company because the company couldn't show it was prejudiced by a late notice from its insured as a matter of law. In the unanimous 27-page opinion, Tri-Etch Inc., et al v. Cincinnati Insurance Co., No. 49A02-0709-CV-827, the appellate court ruled in favor of the appellants-plaintiffs in this appeal - Tri-Etch, which provides security services; the estate of Michael Young;...
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Court rules on out-of-state marriages

January 1, 2008
Michael Hoskins
Even if a marriage is questionable in another state, Indiana will recognize that marriage if it complies with Hoosier law.An Indiana Supreme Court ruling late Tuesday gave that answer in Emma McPeek, et al. v. Charles McCardle, No. 58S01-0708-CV-305, which hails from Ohio Circuit Court and involves a technical issue regarding a couple not having an official out-of-state marriage license when they wed in Ohio, even though they'd had one from Indiana.The plaintiff-appellants in this case sued following their mother's death in...
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Justices: State must prove loaded gun

January 1, 2008
Jennifer Nelson
The state has the burden to prove a gun was loaded when charging a defendant with pointing a firearm as a Class D felony, but it is up to the defendant to raise the issue when the state's evidence has not done so, the Indiana Supreme Court has decided. In Henry J. Adkins v. State of Indiana, No. 20S03-0709-CR-374, the Supreme Court Wednesday upheld Henry Adkins' conviction of pointing a firearm as a Class D felony because during the trial he failed...
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Non-firm job options: Recent law grads share advice

January 1, 2008
Rebecca Berfanger
When considering law school, students may have the idea that getting a law degree will equal a large salary or a lifestyle similar to television shows that portray lawyers in spacious apartments, wearing designer clothes, and hosting large events. The reality is that may be true for some. For those who would rather work in politics, as in-house counsel, or start their own business, the salary may be smaller, but depending on one's interests and career goals, it could be more...
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Courts must ID trade secrets

January 1, 2008
Michael Hoskins
The 7th Circuit Court of Appeals has overturned a northern Indiana judge's order to protect certain information and trade secrets, holding the District Court judge didn't adequately distinguish what shouldn't be released in a copyright and trade secrets dispute between two competing modular home builders.A unanimous three-judge panel ruled today in Patriot Homes, Inc. and Patriot Manufacturing, Inc. v. Forest River Housing, Inc., d/b/a Sterling Homes, No. 06-3012.The case involved Patriot Homes and Forest River Housing, who'd been competing contentiously for years,...
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New judicial speech rights suit filed

January 1, 2008
Michael Hoskins
A federal lawsuit challenging Indiana's rules prohibiting judicial candidates from responding to a survey about their views is picking up where a similar suit left off late last year.The nonprofit Indiana Right to Life Inc. filed a suit April 18 on behalf of Marion Superior Judge David Certo, who is running for the court for the first time after being appointed by Gov. Mitch Daniels to fill a vacancy last year, and Torrey Bauer, a candidate for Kosciusko Superior Court. The...
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Federal court rules in favor of Indy company

January 1, 2008
Jennifer Nelson
A federal appeals court in Florida has upheld an Indianapolis-based company's right to sell distant networking programming to its customers, finding the company was acting in accordance with the Satellite Home Viewer Act (SHVA). The unanimous opinion from the 11th Circuit Court of Appeals Monday, CBS Broadcasting Inc., et al. v. EchoStar Communications d.b.a. DISH Network, et al. No. 07-10020, ruled National Programming Service (NPS), a proposed intervenor-cross-appellant on the case, has the right to lease satellite equipment from EchoStar Communications Corp....
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COA: Court has personal jurisdiction over CIDs

January 1, 2008
Jennifer Nelson
Indiana trial courts can assert personal jurisdiction over out-of-state companies for the purposes of enforcing an Indiana Attorney General's petition to enforce a civil investigative demand, ruled the Indiana Court of Appeals today. In a case of first impression, the appellate court was asked to determine whether a trial court lacked personal jurisdiction over an Ohio company that had franchises located in but not registered in Indiana, and thus erred by granting the Attorney General's petition to enforce a civil investigative...
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Court rules on annexation, land dispute

January 1, 2008
Jennifer Nelson
A county was able to establish an economic development area in unincorporated land that was also in the process of being annexed by a town because the annexation process hadn't been completed yet, ruled the Indiana Supreme Court. When the Boone County Redevelopment Commission (RDC) initiated proceedings to create an economic development area (EDA), the area included land on which Whitestown had initiated annexation proceedings just one week earlier in July 2006. In October 2006, the Boone County Board of Commissioners...
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Judge, attorneys to get national, state awards

January 1, 2008
IL Staff
A judge and two attorneys from Indiana will receive awards for their work in the legal community and media law.Dearborn Superior Judge G. Michael Witte will receive the Franklin N. Flaschner Award given by the National Conference on Specialized Court Judges Aug. 7 at the American Bar Association's annual meeting. The award recognizes a judge in a court of limited jurisdiction who has an excellent reputation, commitment to high ideals, and exemplary character, leadership, and competence in performing legal duties. Judge...
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Court: amended charges not allowed

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals reinstated one conviction and reversed two others for a man charged with resisting law enforcement, auto theft, and battery. At issue in Donyea Fowler v. State of Indiana, No. 71A05-0704-CR-200, is whether the trial court properly reversed Fowler's conviction of resisting law enforcement. Fowler also appealed his convictions of auto theft and battery, arguing the charges were added after the time allowed by Indiana statutes. Police officers from several departments showed up to the home where Fowler...
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Inmates' child support orders can be modified

January 1, 2008
Jennifer Nelson
  In a decision that may affect child support modification orders, the Indiana Court of Appeals held today an earlier Indiana Supreme Court decision also applies to a request for a modification because of incarceration. In Todd Allen Clark v. Michelle D. Clark, No. 35A05-0801-CV-26, the appellate court used the Indiana Supreme Court's decision in Lambert v. Lambert, 861 N.E.2d 1176 (Ind. 2007), to determine whether Todd Clark's verified petition for abatement and/or modification of child support order should have been granted. ...
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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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