Legal News

Court upholds sentence following threat to school

May 23, 2012
Jennifer Nelson
A father who was upset that he couldn’t talk to his daughter after she was arrested at school for having drugs threatened to come to the school with his “guns blaring.” He was arrested and given a suspended sentence for Class D felony intimidation, which the Indiana Court of Appeals affirmed.
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Woman evicted from apartment denied due process

May 23, 2012
Jennifer Nelson
The Indiana Court of Appeals held that a woman was denied due process in small claims court when the court reporter presided over an initial hearing and ordered the woman to move out of her apartment.
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Trial court ordered to determine if man was diligent in pursuing appeal

May 23, 2012
Jennifer Nelson
The Indiana Court of Appeals held that a man cannot appeal the denial of his petition for post-conviction relief, but the trial court should determine whether the defendant has been without fault and diligent in pursuit of his original appeal of child molesting convictions.
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Justices clarify 'notes on oral arguments' use

May 23, 2012
IL Staff
The Indiana Supreme Court issued an order May 18 informing attorneys that filing of “notes on oral arguments” without leave of court is no longer part of Indiana’s appellate practice.
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Shootings put safety on lawyers' radar

May 23, 2012
Jenny Montgomery
Two separate shootings involving Fort Wayne attorneys highlight the need for lawyers to use common sense when it comes to protecting themselves.
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Dickson values continuity for court

May 23, 2012
Dave Stafford
Indiana’s new chief justice will preside as the Supreme Court faces a 'precarious' future.
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Pro Bono Commission chair sees dramatic drop in funding during term

May 23, 2012
Dave Stafford
Colleagues say Indiana Court of Appeals Judge Melissa May's selflessness and volunteer spirit made her ideally suited for the position.
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Fund will build on Shepard's legacy of promoting diversity

May 23, 2012
Dave Stafford
Former Indiana Chief Justice Randall Shepard’s commitment to diversity will continue thanks to a permanent fund that aims to expand on his pioneering efforts to make the legal profession more reflective of society at large.
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5 make first cut for Court of Appeals vacancy

May 23, 2012
Dave Stafford
A consumer protection official, a public defender, two judges and a law professor are semifinalists for a position on the Indiana Court of Appeals.
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Justices grill both sides in IU Health case

May 23, 2012
J.K. Wall
The five justices on the Indiana Supreme Court asked feisty questions of both sides in the case in which two Indiana University Health patients have argued that hospital “chargemaster” rates are unreasonable.
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Dressing defendants

May 23, 2012
Jenny Montgomery
Attorneys say image and attire may influence jurors.
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A 21st century expression of the law

May 23, 2012
Dave Stafford
The 'emoticon defense' raises brows, but it puts a focus on speech rights and school threats.
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Indiana Tech breaks ground on law school

May 23, 2012
Jenny Montgomery
The school's dean says its different educational model will attract students.
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High court takes vacation pay case

May 22, 2012
Jenny Montgomery
The Indiana Supreme Court accepted one case for the week ending May 19 and denied transfer to eight others.
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Shaui released from jail

May 22, 2012
Jenny Montgomery
More than year after her arrest on charges of murder and attempted feticide, Bei Bei Shuai is free on bail.
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Appeals court reverses DCS judgment of CHINS

May 22, 2012
Dave Stafford
A 16-year-old Indianapolis girl was improperly adjudicated a child in need of services, and her mother should not have been subject to Department of Child Services oversight, the Indiana Court of Appeals ruled Tuesday.
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Appeals court upholds seizure, transfer of suspected drug money

May 21, 2012
Dave Stafford
A man who challenged the seizure of $25,000 in suspected drug money and its transfer to federal authorities lost his appeal, but the Indiana Court of Appeals was troubled by the state’s failure to provide him notice of the request for the transfer.
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Plaintiffs fail to prove claim that Zimmer misrepresented information

May 21, 2012
Jenny Montgomery
Two pension funds that own shares of Zimmer Holdings Inc. were unable to prove that Zimmer defrauded its investors by suppressing information, the 7th Circuit Court of Appeals ruled.
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Bankruptcy court seeks applicants for 2 positions

May 21, 2012
Dave Stafford
Applications are being accepted through June 22 for two bankruptcy judge positions in the U.S. District Court for the Southern District of Indiana.
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7th Circuit affirms lower court in appeal over firing

May 21, 2012
Jenny Montgomery
The 7th Circuit Court of Appeals has ruled that a bank did not violate a woman’s rights by terminating her employment because of her husband’s immigration status.
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Justices vacate review of voided tax warrants in 'puppy mill' case

May 18, 2012
IL Staff
The Indiana Supreme Court on Tuesday vacated an order granting review in a case that concluded tax agencies and the Indiana attorney general’s office overstepped their authority by issuing jeopardy tax warrants to seize animals from an alleged puppy mill in Harrison County.
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ISBA presents business school for lawyers

May 18, 2012
IL Staff
The Indiana State Bar Association has partnered with Butler University’s College of Business, Executive Education Office, to offer Business School for Lawyers beginning in August.
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Court holds order is not a final action

May 18, 2012
Jenny Montgomery
The Indiana Court of Appeals has dismissed an appeal from a father, holding that an order regarding an adoption petition is not a final judgment.
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Bar foundation names 2012 fellows

May 18, 2012
IL Staff
The Fellows of the Indiana Bar Foundation will induct 33 new members at its Fellows Dinner and Annual Meeting July 20 in French Lick, Ind.
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2 named to Board of Law Examiners

May 18, 2012
IL Staff
Two new members have been appointed to serve on the Indiana State Board of Law Examiners, according to an order signed May 4 by Chief Justice Brent Dickson.
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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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