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ACLU: Full court should rehear prayer case

November 15, 2007
Michael Hoskins
The American Civil Liberties Union of Indiana wants the full 7th Circuit Court of Appeals to reconsider a case involving legislative prayer.
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Venue transfer hinges on type of organization

November 14, 2007
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a motion to change venues because the Indiana High School Athletic Association didn't meet its burden as a governmental organization needed under Indiana Trial Rule 75 to affirm the motion.
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15 apply for Court of Appeals opening

November 2, 2007
Michael Hoskins
Six trial court judges, seven attorneys, one state senator, and the head of the Indiana Prosecuting Attorneys Council are vying for a seat on the state's second-highest appellate court.
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7th Circuit rules on debtor issuesRestricted Content

October 23, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals handed down a decision today addressing issues that have frequently arisen under the Fair Debt Collection Practices Act, which have caused some splits at the Circuit level.
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7th Circuit affirms crime-lab rulingRestricted Content

October 16, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a District Court's decision of summary judgment in favor of Indianapolis and Marion County in an appeal filed by a former employee of the county's Forensic Services Agency, or Crime Lab.
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6 attorneys apply for new judgeship

September 26, 2007
Jennifer Nelson
Six southern Indiana attorneys have applied for the new Jackson County Superior Court judgeship position that was created this year by the General Assembly.
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Court orders lawyer to prove suit not frivolous

September 20, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals today affirmed the orders of the District Court to grant summary judgment to defendants and also ordered the plaintiff's attorney to show cause why he shouldn't be sanctioned for filing a "frivolous" appeal.
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7th Circuit hears arguments on judicial free speech

September 17, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals heard arguments Friday morning in a case in which the state's Commission on Judicial Qualifications and Disciplinary Commission want the court to reverse the District Court's ruling that granted a permanent injunction against provisions in Indiana's Code of Judicial Conduct.
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ABA: Judge Tinder 'well qualified' for 7th Circuit

September 11, 2007
Michael Hoskins
The American Bar Association has given its highest ranking to U.S. District Judge John D. Tinder in his nomination for the 7th Circuit Court of Appeals.
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Administrator to lead national group

September 7, 2007
Michael Hoskins
The Indiana Court of Appeals administrator is now the president of the National Conference of Appellate Court Clerks.
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7th Circuit rules on garnished 'Sidewalk Six' moneyRestricted Content

September 5, 2007
Michael Hoskins
One of East Chicago's so-called "Sidewalk Six" convicts is the subject of a 7th Circuit Court of Appeals ruling today, though the case more accurately centers on the $25 million in restitution he was ordered to repay and whether those garnishments should be considered marital assets during his subsequent divorce proceedings.
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Vanderburgh expanding forensic diversion program

August 27, 2007
Michael Hoskins
A Vanderburgh County forensic diversion program is expanding to accept impaired drivers into the alternative sentencing program.
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Marion Superior judges on the move

July 20, 2007
Michael Hoskins
The Marion County Executive Committee is moving a criminal court judge to the civil side to replace Judge Cale Bradford, who's joining the Indiana Court of Appeals in August.
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Woman sues Crown Point defense attorney over fees

July 18, 2007
Michael Hoskins
Court battles aren't yet over for a Schererville woman sentenced to 27 months in federal prison after pleading guilty in May to facilitating prostitution and money laundering.
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7th Circuit affirms tossing 'unreliable' testimonyRestricted Content

July 9, 2007
Michael Hoskins
The 7th Circuit Court of Appeals has upheld a Terre Haute judge's decision in throwing out expert witness testimony relating to a product liability suit involving the prescription medication Remicade.
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7th Circuit issues U.S. Grand Prix rulingRestricted Content

May 25, 2007
Michael Hoskins
Race fans have a reason to watch the 7th Circuit Court of Appeals today.
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7th Circuit rules on police chase violationsRestricted Content

May 21, 2007
Jennifer Nelson
Police chases do not violate the Fourth and 14th Amendments when the officers involved do not intentionally and forcibly halt the fleeing subject, according to a ruling today by the 7th Circuit Court of Appeals.
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ACLU wants SCOTUS to hear Indiana voter ID case

May 17, 2007
Michael Hoskins
The Supreme Court of the United States is now being asked to weigh in on Indiana's two-year-old voter identification law.
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3 names for the governor

May 11, 2007
Michael Hoskins
It's now up to Gov. Mitch Daniels to decide who will be the next Indiana Court of Appeals judge.
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'Rotunda filing' to change with Statehouse security

May 10, 2007
Michael Hoskins
Those needing to make after-hour filings for Indiana's two highest appellate courts will have to alter their routine as soon as June 1.
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ACLU files federal suit against corrections center

April 27, 2007
Michael Hoskins
The American Civil Liberties Union of Indiana filed a federal lawsuit this week against the Marion County Community Corrections Center in Indianapolis, alleging the facility's conditions violate the Constitution and threaten health and safety of inmates.
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7th Circuit shoots down Homeland Security decisionRestricted Content

April 11, 2007
Michael Hoskins
he Department of Homeland Security wrongly second-guessed the federal labor department in denying an application by a mental health residential care group - Hoosier Care Inc. - asking for labor certification and immigrant visas for two Filipinos, the 7th Circuit Court of Appeals ruled today.
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Valpo lecture offers CLE credit, discussion on responsibility

April 9, 2007
Rebecca Berfanger
Valparaiso University School of Law will offer CLE credits for those who attend the law school's 11th annual Tabor Institute in Legal Ethics Thursday.
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AG argues automated dialing statute in 7th Circuit

April 3, 2007
Michael HoskinsMore

7th Circuit rules in favor of Locke ReynoldsRestricted Content

March 15, 2007
Indianapolis law firm Locke Reynolds has won an appeal in a case with a former paralegal who sued over allegations that she was fired because of her race.
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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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