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Symposium to examine America Invents Act

November 29, 2011
IL Staff
The Intellectual Property Law and Innovation Symposium at Indiana University School of Law – Indianapolis on Dec. 2 will focus on recent changes to IP law created by the America Invents Act.
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Marion County judge admonished for fundraising flyer

November 29, 2011
Michael Hoskins
The Indiana Commission on Judicial Qualifications has admonished a Marion Superior judge for mailing a questionable re-election fundraising flyer that it says put the judiciary in a negative light and implied that justice is for sale.
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COA addresses impact of guilty pleas on immigration status

November 28, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a man’s petitions for post-conviction relief, finding his attorneys’ failure to advise him of adverse immigration consequences of pleading guilty did not prejudice his defense.
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Appellate judges travel to Indianapolis high school

November 28, 2011
IL Staff
The Indiana Court of Appeals will hear arguments in Christopher Bryant v. State of Indiana Tuesday at Lawrence North High School in Indianapolis.
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Judge grants limited class certification in stage collapse lawsuit

November 28, 2011
Michael Hoskins
While she said she doubts the plaintiffs can win their case, U.S. Judge Sarah Evans Barker is allowing limited class certification in a lawsuit challenging the state’s $5 million damage liability cap. Plaintiffs incurred injuries in the Indiana State Fair stage collapse Aug. 13.
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7th Circuit cautions against 'ostrich-like' advocacy

November 23, 2011
Michael Hoskins
Warning appellate lawyers not to ignore precedent, a 7th Circuit Court of Appeals decision today issues a short but clear message to not use “ostrich-like” tactics when briefing and arguing cases.
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COA delves into grammar in reversing trial court

November 23, 2011
Jenny Montgomery
The Indiana Court of Appeals issued three opinions Wednesday that dissect the grammar of a state statute in reversing a trial court’s decision regarding sentence enhancements.
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7th Circuit rules on Indiana's prison grievance process

November 23, 2011
Michael Hoskins
Addressing a question for the first time about prison inmate complaints, the 7th Circuit Court of Appeals held that a prisoner's participation in internal affairs investigations isn’t an alternative for the administrative process an inmate must follow in filing a grievance.
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Supreme Court rules town can regulate aquifer's water use

November 23, 2011
Michael Hoskins
Underground aquifers are “watercourses” as defined by state law and as a result the Indiana Supreme Court says community officials have the ability to reasonably regulate how that water is taken out and used by other local governments.
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Holiday court closures, bankruptcy court changes

November 23, 2011
IL Staff
Indiana’s courts will be closed Thursday in honor of Thanksgiving. However, some court offices will be available to handle emergencies on Friday.
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Starting over

November 23, 2011
Jenny Montgomery
Project GRACE helps ex-offenders overcome barriers to employment.
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Targeting stolen money

November 23, 2011
Michael Hoskins
AG says lawsuits against  public officials show need  for better oversight.
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Unifying Indiana courts

November 23, 2011
Michael Hoskins
Unification of courts is leading to greater efficiency and cooperation.
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Year-end rush for CLE set to begin

November 23, 2011
Jenny Montgomery
Bar associations and law firms prepare for the year-end CLE rush.
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Stopped short

November 23, 2011
Jenny Montgomery
State tuition law creates chasm between undocumented immigrants and college.
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Judge rejects dental coverage cap

November 23, 2011
Michael Hoskins
Ruling puts Medicaid dental program in jeopardy.
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Knowing the possible consequences

November 23, 2011
Michael Hoskins
Legal community works to ensure defendants know plea agreements could impact immigration status.
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COA orders trial court to award credit for time served

November 22, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled a trial court erred in calculating credit for time served but found the record was insufficient to prove that additional credit time should be awarded for the defendant’s participation in a drug-treatment program.
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Magistrate applicants sought

November 22, 2011
IL Staff
St. Joseph Circuit Court Judge Michael Gotsch is seeking applicants for the position of magistrate judge.
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Tax Court rules on inheritance tax valuation

November 22, 2011
Michael Hoskins
The Indiana Tax Court has rejected an estate’s attempt to sidestep trial rules by allowing verified tax returns to stand in for affidavits in determining a property’s fair market value.
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Enrollment deadline approaching for public policy mediation course

November 22, 2011
IL Staff
Indiana University School of Law – Indianapolis will hold its semi-annual Public Policy Mediation within State Government course from 8 a.m. to 5 p.m., Jan. 2-6, 2012.
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Justices accept two cases

November 21, 2011
Michael Hoskins
The Indiana Supreme Court has granted transfer in two cases, one examining medical malpractice liability evidence for damages and another examining how Marion County’s mass tort litigation rules impact the overall goal of orderly and speedy justice in an asbestos case.
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Court relies on equitable estoppel determination test

November 21, 2011
Michael Hoskins
Examining both state and national caselaw in an appeal involving an Allen County car crash, the Indiana Court of Appeals has used a two-part test in determining whether equitable estoppel is available to those filing a claim.
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Notre Dame to launch IP clinic

November 21, 2011
IL Staff
The Notre Dame Legal Clinics are expanding their transactional services to the local business community in January with a new Intellectual Property and Entrepreneurship Clinic headed by intellectual property lawyer Jodi Clifford, who joined the law school this fall.
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COA: Serving notice on an adult's parents isn't adequate

November 21, 2011
Michael Hoskins
The Indiana Court of Appeals has ruled that a trial court can’t serve notice on the home of someone’s parents if that adult doesn’t live there and expect that to serve as adequate notice for the party to appear in court.
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  1. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  2. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  3. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  4. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

  5. Justice has finally been served. So glad that Dr. Ley can finally sleep peacefully at night knowing the truth has finally come to the surface.

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