Legal News

McKinney professor Arafa says law students in his native Egypt are helping to guide nation’s future

September 11, 2013
Mohamed Arafa recalls the day last month when he left Cairo, Egypt, to return to his adjunct professor post at the Indiana University Robert H. McKinney School of Law in Indianapolis. The streets in the capitol of his native land were full of people demonstrating, and it took four hours in a taxi to navigate to the airport. “Today we have two presidents on trial,” Arafa said of the day he departed Cairo.
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Professor outlines how technology is changing the practice of law

September 11, 2013
Dave Stafford
As robots and computers entered factories, manufacturing became “advanced manufacturing,” bringing increased production at a lower cost.  That upheaval, the result of innovations in technology, is now being felt within the legal profession. William Henderson, professor of law and director of the Center on the Global Legal Profession at Indiana University Maurer School of Law, explained that the growing legal services industry, populated largely by nonlawyers, is mechanizing and automating the work attorneys do, creating products that can be sold for a relatively cheap price.
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Deadline looms for Indy judge

September 11, 2013
Dave Stafford
Marion Superior Judge Kimberly Brown faces suspension resulting from 45 counts including accusations of wrongful jailings and misconduct.
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Judges key ambassadors for marking Constitution Day this month

September 11, 2013
Dave Stafford
Rites celebrating our rights will take place across Indiana on Sept. 17, the 10th official observation of Constitution Day.
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Day of Service taps into attorneys’ non-legal skills

September 11, 2013
Marilyn Odendahl
New ISBA program is designed to become an annual event involving attorneys across the state volunteering in their communities.
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Gary mayor issues call to action for attorneys

September 11, 2013
Marilyn Odendahl
Gary Mayor Karen Freeman-Wilson implored members of the Marion County Bar Association to speak up because the gains made by previous generations of African-Americans are being rolled back.
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Business agreements provide roadmap for changes in family-run enterprises

September 11, 2013
Marilyn Odendahl
Integrate family into small business ownership and the potential for rivalry, high emotions and different agendas increases, especially as the business is passed from one generation to the next. The dispute rocking the Holiday World & Splashin’ Safari theme park in southwest Indiana shows what can happen when a family fights over a business but, attorneys say, it is an extreme and uncommon situation. Usually members of a family or multiple shareholders in a closely held company work through their dispute outside the courtroom.
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Start Page: Not so wonderful wireless comes with hitches

September 11, 2013
Kim Brand
The last personal computer you bought probably wasn’t a PC. It was a ‘mobile’ device – a tablet or laptop or smartphone. The common denominator of these devices is their dependence on wireless connectivity to your local area network and/or the Internet. The ‘jack’ is gone.
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Hammerle Reviews: 'The Butler' and 'In a World...'

September 11, 2013
Robert Hammerle
Read attorney Bob Hammerle's movie reviews of  "Lee Daniels' The Butler" and "In a World..."
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Diversity in legal community growing, but pace too slow

September 11, 2013
Marilyn Odendahl
When small-firm founder Nathaniel Lee was admitted to the Indiana bar in 1982, only four African-American attorneys were working at large law firms in the state. Thirty years later when Rubin Pusha was admitted to practice in 2012, diversity had improved with the number of minority lawyers increasing at large and small firms alike. Others cleared the trail for Pusha but, as he looks around, he is still one of too few minority attorneys.
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Indy Bar: IBF Distinguished Fellows: Helping Hands in the Indianapolis Community

September 11, 2013
Support of the Indianapolis Bar Foundation not only gives members of the legal community an opportunity to give back to Foundation-funded programs and grants—it also connects donors to local community organizations that depend on the active involvement of volunteers.
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Blomquist: Supporting our Legal Community Through Good Times and Bad

September 11, 2013
At the July meeting of the IndyBar Board of Directors, the board approved both the description and the structure of the IndyBar HEAL Committee. If you don’t know it yet, the HEAL Committee stands for “Helping to Enrich Attorneys Lives” and its mission is clear: to assist Indianapolis area legal professionals in times of personal or professional crisis. Under the leadership of Rusty Denton of Bingham Greenebaum Doll LLP, the HEAL Committee has defined its program and laid out its plan to offer assistance to legal professionals at their time of need.
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7th Circuit: Recording of drug deal doesn’t taint conviction

September 10, 2013
Dave Stafford
A taped conversation between a suspected heroin dealer and a confidential informant in which a sentence was admitted into evidence was not fruit of the poison tree dooming a conviction that was supported by plenty of other evidence, the U.S. 7th Circuit Court of Appeals ruled Tuesday.
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Old expungement law turns good luck to bad

September 10, 2013
Marilyn Odendahl
A man’s good luck at never being charged with a crime despite four arrests turned bad when he tried to get his record expunged.
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Lake County judge strikes down provision in Indiana’s right-to-work law

September 10, 2013
Marilyn Odendahl
In a ruling that never used the popular term “right-to-work,” Lake Superior Court Judge John Sedia found a provision in Indiana’s 2012 labor law violated the state constitution’s ban on demanding services without just compensation.
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Molester’s imprisonment alone insufficient to bar contact with son

September 10, 2013
Dave Stafford
Serving 50 years in prison for conviction of eight counts of Class A felony child molesting, a count of Class C felony child molesting and Class C felony criminal confinement is insufficient by itself for a court to rule an incarcerated father may not have phone or mail contact with his child, a panel of the Indiana Court of Appeals ruled Tuesday.
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Man extradited from Wyoming on many charges not denied speedy trial

September 10, 2013
Dave Stafford
A man who twice escaped incarceration in Indiana and was extradited to face a multitude of charges after he was convicted in Wyoming failed to convince appellate judges he had been denied a speedy trial.
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Vigo court too hasty in tossing killer’s pro se PCR petition, panel rules

September 10, 2013
Dave Stafford
A man convicted of murder who represented himself in his post-conviction relief proceeding was wrongly denied a chance to plead his case, a panel of the Indiana Court of Appeals ruled Tuesday. The court reversed an order by Vigo Superior Judge Christopher Newton summarily denying the petition.
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Justices to take up partial consecutive sentence case

September 10, 2013
Dave Stafford
Whether state law allows a criminal defendant to receive a partial consecutive sentence may be determined by the Indiana Supreme Court, which agreed to hear a case successfully argued by a pro se litigant to the Indiana Court of Appeals.
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AG seeks to reinstate misconduct charges against former IURC chief

September 9, 2013
IL Staff
The former head of the Indiana Utility Regulatory Commission could again face criminal charges in connection with his alleged actions surrounding Duke Energy’s Edwardsport power plant in 2010.
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Volokh to argue in Brewington before justices, partake in McKinney moot court

September 9, 2013
Dave Stafford
One of the National Law Journal’s 100 Most Influential Lawyers in America will be before the Indiana Supreme Court this week to argue on behalf of a blogger convicted and sentenced for intimidating a Dearborn County judge who revoked the man’s joint custody of his children.
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7th Circuit cautions bare-bones recitation of Rule 403 insufficient

September 9, 2013
Marilyn Odendahl
A District Court’s failure to review evidence and provide a considered analysis for admitting that evidence drew an admonishment – but no reversal - from the 7th Circuit Court of Appeals.
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Fake ID using own name not aggravated ID theft, 7th Circuit rules

September 9, 2013
Marilyn Odendahl
An Indiana man who supplied a fake identification that used the recipient’s real name may not be subjected to the federal aggravated identity theft statute, the 7th Circuit Court of Appeals ruled Friday in a unanimous en banc decision.
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Judges to use discretion – not checklists – when imposing sentences, 7th Circuit rules

September 6, 2013
Marilyn Odendahl

A defendant’s contention that the District Court should have considered all the mitigating factors during his sentencing was characterized by the U.S. 7th Circuit Court of Appeals as turning sentencing discussions into “checklist exercises.”

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7th Circuit reinstates mechanics’ claims of faulty trailer-support design

September 6, 2013
Dave Stafford
Complaints for damages from two mechanics that were injured by a semi trailer they were working on were partially reinstated Friday by the 7th Circuit Court of Appeals.
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  1. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  2. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  3. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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