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Mass transit topic of ACLU discussion

January 1, 2008
IL Staff
The future of mass transit in Indianapolis will be the subject of the American Civil Liberties Union of Indiana's next First Wednesday discussion.The discussion will be from noon to 12:50 p.m. April 2 at the Indiana History Center, 450 W. Ohio St., Indianapolis. Panelists include Gil Holmes, president of IndyGo; economist Morton Marcus, who has written about why he doesn't think people would give up their cars to ride mass transit in Indiana if given the choice; and Nuvo editor David...
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Lectures discuss screening lawyers, e-lawyering

January 1, 2008
IL Staff
The 11th annual Tabor Institute in Legal Ethics lectures featuring a bench and bar lecture and a public lecture will be April 24 at Valparaiso University School of Law. Both lectures are free and open to the public. The bench and bar lecture, "Gatekeepers: The Role of the Law School and the Bar in Regulating Access to the Profession (A Reflection on Traffic Tickets, Microwaving Cats, and Spanking)," George Washington University Law School professor Theresa A. Gabaldon will explore the growing...
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UPDATE: SCOTUS upholds Indiana voter ID law

January 1, 2008
Michael Hoskins
A week before Hoosier voters head to the polls, the nation's highest court has upheld Indiana's law requiring voters to show identification before casting a ballot. The Supreme Court of the United States issued its decision, this morning in the pair of consolidated Hoosier cases William Crawford, et al. v. Marion County Election Board, et al., No. 07-21, and Indiana Democratic Party, et al. v. Todd Rokita, No. 07-25. The decision rejected the constitutional challenge to the strictest voter ID law in...
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Supreme Court affirms COA decision

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court has affirmed the ruling of the Court of Appeals on a case it granted transfer to Friday. Justices granted transfer late last week in Floyd Tewell v. State of Indiana, No. 48S02-0701-PC-118, in which the court was asked to rule on whether Tewell's request challenging his prison detainment should have been treated as post-conviction relief or a writ of habeas corpus. In an order posted online today and dated Jan. 11, the Supreme Court adopted the opinion of the...
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Comments sought on FMLA jury instructions

January 1, 2008
IL Staff
The 7th Circuit Pattern Jury Instructions Committee is accepting public comments regarding the proposed Family and Medical Leave Act pattern civil jury instructions for the Circuit Court. The committee welcomes comment before submission to the Circuit Council for approval and promulgation. Congress on Jan. 28 extended FMLA eligibility to include employees who need time off to handle certain qualifying "exigencies" related to certain family members' service or call-up for service in a war, national emergency, or military operation designated by the...
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Transfer granted to confrontation issue

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer to five cases Aug. 14, including a case that asks whether a defendant has the right to confront the lab technician who prepared a certificate of analysis. The high court granted transfer to Richard Pendergrass v. State of Indiana, No. 71A03-0712-CR-588, in which the Indiana Court of Appeals in July affirmed Richard Pendergrass' convictions of child molesting. The appellate court ruled Pendergrass' Sixth Amendment right to confrontation wasn't violated with the admittance of a certificate of analysis...
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Court orders suit against Papa John's to trial

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a grant of summary judgment in favor of a national pizza chain and its employee, finding there were genuine issues of fact as to whether the employee's statement to police was protected by privilege. In Thomas Williams and Sanford Kelsey v. Kelly Eugene Tharp and Papa John's U.S.A. Inc., No. 29A02-0707-CV-625, Thomas Williams and Sanford Kelsey appealed the trial court grant of summary judgment in favor of Papa John's on their claims for defamation, false imprisonment,...
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COA: Priest abuse suit can proceed

January 1, 2008
Michael Hoskins
The Indiana Court of Appeals this week declined to take an interlocutory appeal on a case accusing the Archdiocese of Indianapolis of covering up an ex-priest's history of sexual abuse.In denying the case of Archdiocese of Indianapolis, et al. v. John Doe NM, 49A05-0802-CV-00075, the court has given its go ahead for the Marion County civil suit to proceed to trial; it would be the first of 13 against the archdiocese to survive summary judgment. The suit was brought by a...
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Justices take riverboat revenue case

January 1, 2008
Michael Hoskins
The state's highest court has agreed to hear a case involving $16 million of East Chicago riverboat casino revenues and whether a private business can shield its financial records from the public.The Indiana Supreme Court granted transfer Aug. 14 in Steve Carter v. East Chicago Second Century, et al., No. 49A02-0708-CV-722. The case concerns the attorney general's request last year for a public accounting of money disbursed to Second Century from the state-licensed riverboat, which eventually became Harrah's.In a March ruling,...
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Court of Appeals rules against FSSA

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court's dismissal of an action against the Family and Social Services Administration regarding the denial of Medicaid applications, finding the FSSA relied on an incorrect statute to justify the denial of new evidence supporting a disability claim on the appellate level. In William Curtis, Gary Stewart, and Walter Raines, on behalf of themselves and those similarly situated v. E. Mitchell Roob Jr., as Secretary of Indiana Family and Social Services Administration, and Jeff...
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COA: Attorney must wait to collect fees

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed a trial court's ruling on when an attorney could receive his compensation under a contingency fee agreement, even though the attorney didn't submit a transcript of the bench trial detailing the trial court's findings. In Thomas J. Herr v. Carter Lumber Inc., The Carter Jones Lumber Company, and Brian L. Oaks, No. 79A02-0803-CV-290, before ruling on the issue Thomas Herr was appealing - whether the trial court erred in ordering he receive compensation under a...
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State bar offers 4-day work week

January 1, 2008
IL Staff
To help with rising gas prices, the Indiana State Bar Association is offering its employees the option of working just four days a week, although the office will remain open five days a week.About half of the bar association's 18 employees have taken advantage of the change, allowing them to work four extended days instead of five days with typical business hours. The bar association offices remain open Monday through Friday, and employees stagger their work schedules so the office is...
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Judges disagrees about jury-verdict reversal

January 1, 2008
Michael Hoskins
The chief judge on the Indiana Court of Appeals is calling a majority's decision today a "radical act" in reversing a $45,000 jury verdict in favor of a former Butler University football player who was suspended from the school after being accused of raping a female volleyball player.In Susana Henri v. Stephen Curto, No. 49A02-0709-CV-777, Chief Judge John G. Baker disagreed with his two colleagues - authoring Judge Patricia Riley and Judge Margret Robb, who reversed the Marion County jury decision and...
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COA Judge John T. Sharpnack retires

January 1, 2008
Michael Hoskins
After 17 years on the appellate bench, Judge John T. Sharpnack is retiring today from the Indiana Court of Appeals.Though he's stepping down as a full-time jurist, Judge Sharpnack plans to continue his work as a senior judge starting Monday; he reaches the constitutionally mandated retirement age of 75 May 7.A 3 p.m. retirement ceremony was planned to mark his departure from the court, with Chief Judge John Baker presiding. Judge Sharpnack's family, colleagues, former law clerks, and special guests were...
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Supreme Court record manager retires

January 1, 2008
IL Staff
After spending 22 years as the Indiana Supreme Court's director of information management, John Newman has decided it's time to leave state government to pursue his passion for writing. Newman's last day is July 25. Newman started his career in state government in 1970, taking oral history interviews for the Indiana State Library. He was later named Indiana's state archivist, a position he held until 1986 when he became the director of information management for the Supreme Court.As court records manager,...
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Appellate office clears backlog

January 1, 2008
Michael Hoskins
A new shift in the Indiana Appellate Clerk's Office has helped eliminate a backlog that created delays for some files getting to the appropriate court and appearing on the docket.Dealing with a backlog that's been evident for months, Appellate Clerk Kevin Smith started making changes late last year after becoming concerned with the ability to keep up with growing caseloads and intake workloads. The office implemented staff and organizational changes in January that involved hiring new employees, shuffling existing staff, and...
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Supreme Court grants 3 transfers

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer late last week to three cases to rule on issues of double recovery, evidence obtained through search warrants, and emotional distress. The court granted transfer to Ronald Mayes v. Second Injury Fund, No. 93A02-0702-EX-162, in which Mayes appealed the Indiana Worker's Compensation Board's denial of his petition for compensation from the Second Injury Fund. Mayes argued his settlement with a third-party tortfeasor shouldn't bar his recovery as a matter of law. At issue in the appeal...
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Solvent defendant must pay for interpreter

January 1, 2008
Jennifer Nelson
A solvent, non-English speaking defendant in a criminal case must pay for a defense interpreter, but the court will continue to provide for proceedings interpreters at the public's expense, ruled the Indiana Supreme Court, upholding a previous decision by the Indiana Court of Appeals. The high court granted transfer to Jesus Arrieta v. State of Indiana, No. 10S05-0704-CR-139, to determine whether Arrieta was entitled to a court-funded defense interpreter. Arrieta, who did not speak English, was charged with dealing cocaine, a Class...
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Race benefits fight against domestic violence

January 1, 2008
IL Staff
The Indiana Coalition Against Domestic Violence is hosting its fifth annual race Aug. 16 to raise money and awareness for the fight against domestic violence.The Race Away From Domestic Violence includes a 10k run, 5k run, and a 5k walk/wheelchair roll that are open to everyone. Individuals and teams can participate in the races and the ICADV encourages participants to seek pledge money, which will be used to support services for victims of domestic violence.Registration begins at 7 a.m., followed by...
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Court: Michigan lawyer to stay away for 2 years

January 1, 2008
Michael Hoskins
An embattled Michigan attorney is barred for two years from taking any new cases in Hoosier courts, the Indiana Supreme Court ruled today. Justices issued a per curiam opinion today in disciplinary action In the Matter of Geoffrey N. Fieger, No. 98S00-0609-DI-340, finding the attorney committed misconduct by making material misrepresentations in a sworn application for temporary admission to St. Joseph Circuit Court in late 2005. Chief Justice Randall T. Shepard and Justices Theodore Boehm and Robert Rucker agreed on the two-year...
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New federal chief judge for Southern District

January 1, 2008
Michael Hoskins
A new chief judge has taken the leadership reins for the U.S. District Court for the Southern District of Indiana.On Jan. 1, U.S. District Judge David F. Hamilton replaced Judge Larry J. McKinney as chief judge, meaning he'll be expected to handle the court's administrative matters and be a chief spokesperson for the court until 2015.During Judge McKinney's seven-year term as chief of the nation's third-busiest District Court, he'd led a court handling 23,000 civil and criminal cases, helped launch an...
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SCOTUS: Lethal injection allowed

January 1, 2008
Michael Hoskins
While lethal injection itself isn't unconstitutional, a ruling today from the U.S. Supreme Court has left open the door for more legal challenges to how states administer the deadly drugs. But on a broader level, the one justice who supported the 1976 decision to reinstate Capital punishment is now in favor of reigniting the debate on the death penalty and striking it down.In a widely splintered 7-2 decision in Baze, et al. v. Rees, et al., No. 07-5439, justices wrote a series...
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Notable attorney to speak at IU-Bloomington

January 1, 2008
IL Staff
A prominent attorney, civil rights leader, and political figure will deliver the 2008 Neal-Marshall Lecture in Public Policy March 27 at Indiana University in Bloomington.Vernon E. Jordan Jr. will share his thoughts about the current presidential campaign and other topics in his lecture, "America - Crossing Boundaries of Possibility." Jordan was executive director of the United Negro College Fund Inc., president and CEO of the National Urban League Inc., served as an advisor to President Bill Clinton, and has practiced law in Arkansas...
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Court: Broker must pay back commission

January 1, 2008
Jennifer Nelson
A broker who breaches his fiduciary duty to disclose material information to a client loses the right to collect a commission for his services, the Indiana Supreme Court ruled today. The high court unanimously reversed a trial court decision finding that although a broker breached his fiduciary duty to his client, his commission shouldn't be revoked and be repaid to his client.In Tonda Beth Nichols v. Rex David Minnick and R. David Minnick Inc. d/b/a Commercial Properties, No. 53S01-0711-CV-515, Nichols sued Minnick...
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Indiana first to sign Great Lakes Compact

January 1, 2008
IL Staff
Indiana became the first state to adopt the updated Great Lakes Compact Thursday. Gov. Mitch Daniels signed SEA 45, which implements added protections on Great Lakes water through the multi-state agreement. The Great Lakes-St. Lawrence River Basin Water Resources Compact was first developed more than five years ago and ensures that authority over water uses from the Great Lakes stays in the region. It also provides that economic development will be fostered through sustainable use and management of the waters and that...
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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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