Legal News

31 students prepare for law school as ICLEO Fellows

July 12, 2011
IL Staff
The Indiana Supreme Court has announced this year’s Indiana Conference for Legal Education Opportunity Fellows, who are currently preparing for the start of the fall semester.
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Valparaiso law school recognized for reconstruction of Heritage Hall

July 12, 2011
IL Staff
Valparaiso University School of Law was honored by the Valparaiso Chamber of Commerce at the 44th Annual Community Improvement Awards luncheon.
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Judge blocks Medicaid fee cut to pharmacies

July 11, 2011
Michael Hoskins
A federal judge in Indianapolis has temporarily blocked the state from cutting the fees it pays to pharmacists for dispensing Medicaid prescriptions.
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Indiana Supreme Court takes 3 cases; denies 27

July 11, 2011
Jennifer Nelson
The state’s highest court has granted transfer to three cases, including one in which they vacated the Indiana Court of Appeals decision and sent it back to the appellate court.
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Justices rule officer didn't search car to find gun

July 11, 2011
Jennifer Nelson
The Indiana Supreme Court has upheld a man’s firearm conviction, finding the police officer who found a handgun in the man’s car during a traffic stop wasn’t searching the car when he saw the gun.
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COA sides with pro se defendant in murder case

July 8, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that a trial court erred when it accepted a man’s guilty plea to murder, because the defendant had at the same time claimed his innocence.
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Court clarifies ruling on medical review panel process

July 8, 2011
Michael Hoskins
The Indiana Court of Appeals has clarified one of its earlier rulings about when nurses can participate in medical malpractice actions and what evidentiary rules allow in the review panel process if the chairperson reneges on an agreement that a particular individual wouldn’t participate.
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COA to hold oral argument in Allen County

July 8, 2011
Jenny Montgomery
The Indiana Court of Appeals will hear oral arguments in Carrie Chapman v. Howard L. Chapman and Elizabeth W. Chapman, Trustees of The Stephen L. Chapman Irrevocable Trust Agreement, No. 02A03-1012-TR-624, at 10:30 a.m. July 12 at the Allen County Courthouse in Ft. Wayne.
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$405,450 award aimed at improving state-funded criminal justice

July 7, 2011
Michael Hoskins
An Indiana University-Purdue University Indianapolis research center is receiving a $405,450 award from the Indiana Criminal Justice Institute to study and help improve the effectiveness of state-funded criminal justice initiatives.
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Court examines 'entry' of guilty plea withdrawal motions

July 7, 2011
Michael Hoskins
The Court of Appeals has ruled that a man convicted of not paying more than $22,000 in child support wrongly interpreted state law about withdrawing his guilty plea, and that the trial judge correctly prevented the man from doing so because he didn’t file a request in writing or justify the withdrawal.
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COA sides with man accused of stealing hotdogs

July 7, 2011
Jenny Montgomery
The Indiana Court of Appeals says a man who was fired for snatching two hotdogs from the company refrigerator is entitled to unemployment benefits.
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COA: Judge can cite statutes and facts not in CHINS petition

July 6, 2011
Michael Hoskins
The Indiana Court of Appeals has found that a Hendricks Superior judge didn’t step outside his authority when referencing statutes and facts not specifically cited in a Department of Child Services petition alleging two minor boys were Children in Need of Services.
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Supreme Court suspends Gary attorney

July 6, 2011
Jenny Montgomery
The Indiana Supreme Court has suspended a Gary attorney who has been the subject of suspension or reprimand three times since 1992.
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Court awarding grants for CHINS, parental termination programs

July 6, 2011
IL Staff
The Indiana Court Improvement Project is giving out up to $350,000 in grants aimed at helping children and families who are navigating through the state’s child welfare system.
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Are you a happy lawyer?Restricted Content

July 6, 2011
Kelly Lucas
Are they unhappy as lawyers, or are they just unhappy with the direction their legal careers have taken? A recent poll by the Indiana Lawyer asked the question, “If you had it all to do over again, would you still become a lawyer?” Results revealed that less than half could affirmatively say they were happy in their chosen profession.
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What are lawyers' pet peeves when it comes to legal writing?Restricted Content

July 6, 2011
Jenny Montgomery
In April, a Missouri attorney filed an eight-page motion seeking clarification of the opposing counsel’s pleading. Attorney Richard D. Crites criticized his opponent’s grammar, use of apostrophes, and lack of detail, writing in his motion that the pleading “is the worst example of pleading that Defendant’s attorney has ever witnessed or read.”
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The merits of medical patentsRestricted Content

July 6, 2011
Jenny Montgomery
In April, the U.S. Court of Appeals for the Federal Circuit heard arguments in a case that raises fundamental questions about the patentability of human genes. In June, the U.S. Supreme Court agreed to take on a patent case in which the central issue is the patentability of a medical process. Both cases could have far-reaching effects – in medicine, in law, and in academia.
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Lawmakers examine issues raised in Barnes

July 6, 2011
Michael Hoskins
As the Indiana Supreme Court decides whether it will revisit a controversial ruling that’s generated public protest since it came down in May, legislators are discussing what they might do to reduce the impact of the justices’ ruling on resisting police entry into one’s home.
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Defining decisions on legal lexicon

July 6, 2011
Michael Hoskins
A single word might determine the fate of a case before one of Indiana’s highest courts, so it’s no surprise that judges will often turn to dictionaries to help interpret what a word and statute might mean.
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I-9 audits present legal concerns for businesses

July 6, 2011
Jenny Montgomery
Indiana’s chapter of the National Federation of Independent Business issued a press release June 23, urging Indiana businesses to prepare for I-9 audits. U.S. Immigration and Customs Enforcement has stepped up its audits of businesses nationwide in an effort to crack down on the employment of unauthorized immigrant workers.
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Indiana judges to present at pro bono event

July 6, 2011
IL Staff
Indiana Supreme Court Justice Frank Sullivan, appellate Judge Nancy Vaidik and lawyers and judges from Pro Bono District One will be among the presenters at a daylong event July 22 at Valparaiso University School of Law. The event, “A Potpourri of Timely Topics,” is co-sponsored by the law school and NWI Volunteer Lawyers.
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Legal trend utilizes AG experience

July 6, 2011
Michael Hoskins
When he was the state’s top prosecutor, former Indiana Attorney General Jeff Modisett saw the beginning of a trend that’s now become a focus of his practice.
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Federal anti-streaming bill has broad implications

July 6, 2011
Michael Hoskins
Putting a video on YouTube and embedding that video onto another site could be all it takes to commit a felony under a statutory amendment before the U.S. Senate.
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Video game maker wins IP suit

July 6, 2011
Michael Hoskins
U.S. District Judge Jane Magnus-Stinson shot down a lawsuit brought by heirs of bank robber John Dillinger that challenges how his name is used in video games based on the movie “The Godfather.”
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Indiana Bar Foundation announces new board

July 6, 2011
IL Staff
New Albany attorney J. Mark Robinson has been named president-elect of the Indiana Bar Foundation, and Michael Bishop will become the new board president. The positions were named at the foundation’s June 17 meeting.
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  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

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  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

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