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Indiana RICO Act applies to 'foot soldiers'

January 1, 2008
Jennifer Nelson
An Indiana Supreme Court decision Feb. 27 regarding the state's racketeering laws creates a larger net of potential defendants that can be charged under it. The Indiana Supreme Court ruled that under Indiana's RICO (Racketeer Influenced and Corrupt Organizations) Act, a person can be implicated under the state act even if he or she doesn't participate in directing the racketeering activity. In Linda Keesling, Harold Lephart, et al. v. Frederick Beegle III, John Bucholtz, et al., No. 18S04-0704-CV-150, the high court accepted...
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Supreme Court grants 2 transfers

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted two transfers Thursday for cases originating in Evansville - one involves a shopping center and access to a public thoroughfare, and the other deals with the failure to make payments for the modification of a Web site. In State of Indiana v. Kimco of Evansville Inc., et al., No. 82A01-0607-CV-301, the Indiana Court of Appeals affirmed a $2.3 million jury award that stemmed from a road project in 2000 impacting a shopping plaza along State Road...
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Judge: Prisoner suit can proceed

January 1, 2008
Michael Hoskins
  A federal judge has decided a state prison inmate can proceed with his lawsuit against a Department of Correction official and food service provider, claiming that both denied him enough food to stay healthy and went against a medically prescribed diet restricting onions.U.S. District Judge William Lee in South Bend ordered March 11 that Joshua Ketchem be allowed to proceed with his suit filed in January 2007. The case is Joshua Ketchum v. J. David Donahue, et al., No. 3:07-CV-316 WL.A prisoner...
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Attorneys urged to learn court technology

January 1, 2008
Michael Hoskins
Ever worried about what happens if you don't know, understand, or use courtroom technology correctly in preparing for trial?A new video from the U.S. District Court for the Southern District of Indiana offers a glimpse into the possibilities, from the dramatic portrayal of a federal judge dozing off during trial to a nervous attorney sweating profusely in court when jurors and courtroom staff can't hear him.After updating its Web site and revising a video on the Video Evidence Presentation System late...
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SCOTUS makes history, shoots down gun ban

January 1, 2008
Michael Hoskins
Answering a 217-year-old constitutional question, the U.S. Supreme Court issued a historic ruling this morning that the Second Amendment protects an individual's right to have a gun in his or her home.The ideologically split 5-4 decision in District of Columbia, et al. v. Heller, No. 07-290, struck down a city handgun ban in Washington, D.C., and defined the scope of the gun rights amendment to the U.S. Constitution for the 21st century.Specific to this case, the court affirmed a Circuit Court ruling...
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Judges disagree over 'access' in statute

January 1, 2008
Jennifer Nelson
Indiana Court of Appeals judges were split in their ruling today on a man who was convicted of performance harmful to minors, with the majority affirming the conviction.In Frederick A. Zitlaw v. State of Indiana, No. 29A05-0701-CR-35, Zitlaw appealed the trial court's denial of his motion to dismiss the performance harmful to minors charge, a Class D felony. A Hamilton County sheriff's deputy saw Zitlaw expose himself in a public park. The probable cause affidavit alleged children were present in the park....
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Court sponsors Northwest Ordinance lecture

January 1, 2008
IL Staff
The Indiana Supreme Court is sponsoring a lecture celebrating the 221st anniversary of the Northwest Ordinance of 1787 and the legal issues related to Indiana's southern borders established by the ordinance. The lecture will begin at 3 p.m. on July 14.Seating in the Supreme Court's courtroom for "221 Years of Unsettled Borders: Indiana and the Northwest Ordinance" is no longer available for the free lecture, but a monitor and overflow seating will be available in the atrium area, as well as...
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Larry Bird sues over use of name

January 1, 2008
Jennifer Nelson
Former college and NBA basketball star and current president of basketball operations of the Indiana Pacers Larry Bird has filed a trademark infringement suit in federal court against the owners of his childhood home. Bird filed the suit, Larry Bird v. Legend of French Lick LLC, No. 4:08-CV-0070-DFH-WGH, in the U.S. District Court, Southern District of Indiana, New Albany Division Monday against Georgianna Lincoln and Christopher Cooke, who purchased Bird's childhood home in French Lick from the Larry Joe Bird Revocable...
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Election choices fade for Marion Superior Court

January 1, 2008
Michael Hoskins
Three unslated contenders for Marion Superior judgeships have withdrawn their names from the May primary ballot, including two sitting judges who between them have almost a half-century of judicial experience.By the noon deadline on Feb. 25, incumbent Marion Superior Judges Kenneth H. Johnson and Gary L. Miller withdrew their names after filing their candidacies late last week. Both were overlooked at the county Republican Party's slating convention Feb. 16.Indianapolis attorney Angela Dow Davis, who'd filed to run against the Democrats' slate also chosen...
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Justices to demonstrate electronic ticketing

January 1, 2008
IL Staff
Two Indiana Supreme Court justices will be on hand in Indianapolis tomorrow for a demonstration of a new, statewide electronic ticketing system.Chief Justice Randall T. Shepard and Justice Frank Sullivan will join Indianapolis Public Safety Director Scott Newman and law enforcement to show how the new system will work. Called eCWS - electronic Citation and Warning System - the new mobile system allows police to create tickets electronically and send them to a central location for law enforcement, prosecutors, and courts...
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International law CLE to be webcast

January 1, 2008
IL Staff
A free CLE program featuring discussion about the international prosecution of war crimes, genocide, and crimes against humanity will take place in the Indiana Supreme Court's Courtroom from 3 to 4:30 p.m. May 7. Event organizers have received enough RSVPs to fill the room, but stand-by reservations are still being accepted as of today for what planners say is a short waiting list so far.This program has been approved for 1.5 CLE credit hours. For those unable to make it, there...
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ICADV celebrates merger anniversary

January 1, 2008
IL Staff
The Protective Order Pro Bono Project is celebrating its first anniversary of the merger with the Indiana Coalition Against Domestic Violence. Since the two groups merged in July 2007, the project has served more than 1,500 new clients seeking protective orders and completed more than 2,600 contacts or services for clients. Kerry Hyatt Blomquist, legal director of the project, has reviewed more than 100 cases and represented 70 cases. The project is divided into two programs: the Protective Order Project, which...
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Court urges early review of offender litigation

January 1, 2008
Michael Hoskins
An Indiana state prison inmate has filed dozens of lawsuits with claims that a painful odor violated his constitutional rights, he's been repeatedly denied access to public records, victimized by excessive force, and not given proper treatment behind bars.The Indiana Appellate Clerk's Office has 35 of Eric D. Smith's appeals, most being civil suits that include one decided today, and six that remain pending awaiting action.Today, the Indiana Court of Appeals dismissed one of the 29-year-old's string of suits and the...
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Child support abatement starts on petition date

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court order setting the date in which an incarcerated man can receive an abatement in his child support, finding the date the man filed his order was when it could be first applied. The ruling could open the door for the Indiana Supreme Court to decide when an abatement can take effect.In In re the marriage of: Gary Becker v. Heather Becker, No. 49A04-0804-CV-205, Gary Becker appealed the trial court order modifying his...
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Justices to hear 'robocalls' arguments Monday

January 1, 2008
IL Staff
The Indiana Supreme Court travels to Terre Haute Monday for arguments in a case dealing with "robocalls." The issue in State of Indiana v. American Family Voices, Inc., Jim Gonzalez, and John Does 2-10, is whether pre-recorded, automated "robocalls" with political content can be limited under Indiana's Automatic Dialing Machine Statute, Indiana Code Section 24-5-14-5.The case stems from complaints about American Family Voices' use of automated calls; the attorney general's office filed an action against the group in September 2006 in...
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Judges rule on marital property division

January 1, 2008
Michael Hoskins
Trial courts that order parties to sell marital residences can take into account any needed repairs and costs associated with selling residences when figuring the value, as long as those amounts are based on evidence in the record, the Indiana Court of Appeals decided today.A unanimous three-judge appellate panel ruled today in David Keown v. Cynthia Marie Keown, No. 49A02-0706-CV-496, a Marion County case in which the ex-husband challenged a trial court's decision in recalculating the value of the marital residence as...
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Two Indy firms join 'green' initiative

January 1, 2008
IL Staff
Two central Indiana law firms have been recognized by the Greater Indianapolis Chamber of Commerce as being "green." Bose McKinney & Evans and Ice Miller were accepted into the chamber's new Green Business initiative along with four other businesses. The initiative requires applicants to meet certain requirements - be a current member of the chamber, be at least a bronze member of the Central Indiana Clean Air Partnership, and complete an application for review. In addition, members of the Green Business...
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Justice encourages judicial applications

January 1, 2008
IL Staff
An Indiana Supreme Court justice is in South Bend today to actively encourage attorneys to apply for an opening on the St. Joseph Superior Court that will be available when Judge William T. Means retires Sept. 30."Being a judge is a challenging but enormously gratifying way for an attorney to use all of his or her legal skills in a way that improves both the quality of life in our community and the quality of justice in our state," Justice Frank...
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Merged conviction violates double jeopardy

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals vacated a defendant's conviction of conspiracy to deal methamphetamine because it violated Indiana's double jeopardy law, but the court affirmed his conviction and sentence for dealing methamphetamine. In today's ruling in Robert R. Gregory Jr. v. State of Indiana, No. 15A01-0708-CR-348, Gregory raised several issues on appeal, arguing evidence supporting his convictions was obtained before police had a valid search warrant, a witness's testimony shouldn't have been allowed at trial, there was prosecutorial misconduct, and his...
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Court: private cause of action allowed

January 1, 2008
Jennifer Nelson
Tackling an issue of first impression, the Indiana Court of Appeals determined the "Equal Access Law" in Indiana Code creates a private cause of action for bail agents. In Dave Galloway in his capacity as Hendricks County Sheriff v. David Hadley, d/b/a D & D Bonding, No. 32A-04-0707-CV-400, Galloway appealed the trial court order granting Hadley a preliminary injunction against the use of a "preferred agent list" by the Hendricks County Sheriff's Department. The list contains the names of preferred bail agents,...
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Tax Court upholds agency's loan decision

January 1, 2008
Michael Hoskins
The Indiana Tax Court has upheld a state agency's decision approving loans to fund fire department operations in a Morgan County township.In Virginia Perry and Gregg Terhune, et al. v. Indiana Department of Local Government Finance, et al., No. 49T10-0712-TA-78, the court affirmed the DLGF's approval of two Madison Township loans - a reduced $409,000 emergency amount for operating expenses and $650,000 for new vehicles and equipment - that the petitioning taxpayers didn't want to pay for in 2007. Those taxpayers argued...
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Court: Evidence needed to enforce CID

January 1, 2008
Jennifer Nelson
The Indiana Attorney General must provide at least a verified petition to a court to enforce a civil investigative demand and show the demand is proper, the Indiana Supreme Court ruled today.In Nu-Sash of Indianapolis, Inc. d/b/a McKee Sunroom Designs v. Steve Carter, Indiana Attorney General, and Liberty Publishing, Inc. d/b/a Booster Club Productions, No. 49S02-0801-CV-16, Nu-Sash appealed a trial court order that the company respond within 10 days to a civil investigative demand (CID) issued by Attorney General Steve Carter regarding...
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Defendant had right to confront lab technician

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a defendant's drug conviction, finding his Sixth Amendment right to confrontation was denied when he was unable to depose or cross-examine the lab technician who prepared a report stating cocaine was found in his car.In Ricky L. Jackson v. State of Indiana, No. 27A02-0710-CR-902, Ricky Jackson appealed his conviction of dealing in cocaine, invoking the U.S. Supreme Court's ruling in Crawford v. Washington, 541 U.S. 36 (2004), which ruled that when testimonial statements are at issue,...
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COA reverses termination of father's rights

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court order terminating the parental rights of a father, finding the trial court erred when it relied on an independent investigation to end his rights without giving the father a chance to view or respond to the investigation. In In Re: The Matter of the Termination of the Parent-Child Relationship of S.F. and J.F., Michael Farley v. Allen County Child Services, No. 02A03-0707-JV-306, the appellate court was asked to decide whether Farley was denied...
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IU-Bloomington receives $4 million gift

January 1, 2008
IL Staff
An alumnus of Indiana University School of Law - Bloomington has donated $4 million to the law school to provide scholarships for students. California criminal defense attorney Donald P. Dorfman gave the money with the goal of helping students who are working their way through school. The entire gift will be dedicated to endowed scholarships and qualifies for matching funds as part of IU's Matching the Promise campaign, which is why Dorfman decided to make the donation now. Dorfman received the...
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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