Legal News

Judges halt enforcement of challenged laws

June 27, 2011
Jennifer Nelson
Two federal judges issued preliminary injunctions June 24 preventing parts of two new controversial laws regarding immigration and funding of Planned Parenthood of Indiana from being enforced.
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Groups seek nominations for 2011 awards

June 24, 2011
IL Staff
Several Indiana legal organizations are accepting nominations for awards given by their groups. All have July deadlines.
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Women accused of operating 'puppy mill' file lawsuit

June 24, 2011
Jennifer Nelson
The mother and daughter who were accused of running a “puppy mill” and had animals removed from their homes as a result of tax law violations are now suing the Indiana attorney general and others involved in the removal of the dogs.
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COA: filing of commitment report is a procedural requirement

June 24, 2011
Jennifer Nelson
In a case of first impression, the Indiana Court of Appeals had to decide whether the timely filing of a doctor’s report in an involuntary commitment is a jurisdictional prerequisite or a procedural requirement.
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Justices rule on cases using 3-step test seeking records

June 23, 2011
Jennifer Nelson
The Indiana Supreme Court tackled the issue of requests for production of information to private third parties in two opinions Thursday – one dealing with records sought that fall under the victim-advocate privilege and the other dealing with unprotected information.
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Justices discuss jury unanimity in molestation cases

June 23, 2011
Jennifer Nelson
The Indiana Supreme Court addressed the issue of unanimous jury verdicts in child molesting cases Thursday, and adopted reasoning from the California Supreme Court when dealing with the “either/or” rule in cases where multiple instances are mentioned but the defendant faces only one charge.
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Group can't challenge high school closure

June 23, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the dismissal of a parent and taxpayer group’s legal challenge to the closing of a Fort Wayne school, finding the decision doesn’t violate the state constitution.
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Indiana Bar Foundation announces new board

June 23, 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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7th Circuit sends Corcoran case back to trial court

June 23, 2011
Jennifer Nelson
Following a remand from the United States Supreme Court in late 2010, the 7th Circuit Court of Appeals admitted it made mistakes in its recent decision involving a convicted murderer’s appeal and sent the case to the District Court to address habeas relief claims.
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COA splits on reversing convictions for Batson violation

June 22, 2011
Jennifer Nelson
A divided Indiana Court of Appeals reversed a defendant’s convictions, including attempted battery with a deadly weapon, finding the state’s explanations for striking the only African-American from the jury were pretextual and purposeful discrimination.
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Justices uphold admitting juvenile's confession

June 22, 2011
Jennifer Nelson
The Indiana Supreme Court has found that a juvenile court didn’t err in admitting a teen’s confession, finding the boy was given the opportunity for meaningful consultation with his mother and that he knowingly waived his rights. The justices did also emphasize that the waiver used should be altered to make it more clear.
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Southern District magistrate up for reappointment

June 22, 2011
IL Staff
The U.S. District Court for the Southern District of Indiana is seeking comment as to whether Magistrate Judge William G. Hussmann Jr. should be recommended for reappointment. The current term of Magistrate Hussmann, who works in the Evansville Division, expires April 3, 2012.
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Panel to oversee transition of toxicology department

June 22, 2011
IL Staff
Gov. Mitch Daniels has appointed a three-member panel to oversee the transition of the department of toxicology to the State of Indiana from Indiana University School of Medicine. The panel will begin work immediately, Daniels’ office reported June 21.
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JLAP offers depression support for lawyers

June 22, 2011
Jenny Montgomery
Dedication to clients, competitiveness, and a strong work ethic are qualities that many successful lawyers share. Those same traits may put attorneys at greater risk for major depression if they end up demanding more from themselves than they’re able to give.
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End of an IPAC eraRestricted Content

June 22, 2011
Michael Hoskins
Longtime prosecutors' council leader retiring August 1.
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New lawyers face tough job marketRestricted Content

June 22, 2011
Jenny Montgomery
In June, the National Association for Law Placement released key findings stating 2010 was the worst job market for law school graduates since the mid-1990s. For graduates whose employment was known, only 68.4 percent obtained jobs that required bar passage – the lowest number in that category since NALP began collecting data on law graduates in the early 1980s.
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Early intervention for juvenilesRestricted Content

June 22, 2011
Michael Hoskins
A new law, along with pilot programs, encourage alternatives to keep kids out of courts.
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Annual solo and small firms conference reaches out to law studentsRestricted Content

June 22, 2011
Jenny Montgomery
This year, nearly 30 students from Indiana law schools attended the Indiana State Bar Association's 10th Solo & Small Firm Conference.
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Annual Supreme Court review shows more agreement, shifts in alignmentRestricted Content

June 22, 2011
Michael Hoskins
Welcoming a new justice was undeniably the most notable moment for the Indiana Supreme Court in 2010. That lineup change captured the headlines, but it’s not the only item of interest for Indiana court-watchers.
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A century of Indiana lawyers

June 22, 2011
Michael Hoskins
Patrick Myers Sullivan became one of the state’s newest attorneys this spring, and in doing so a fourth consecutive generation in his family entered the legal profession.
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Justices rule vehicular flight from police is 'violent' felony

June 22, 2011
Michael Hoskins
The nation’s highest court affirmed an Indianapolis federal judge’s ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
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Indiana Legal Services weathers budget cutsRestricted Content

June 22, 2011
Jenny Montgomery
The ILS board has taken cost-cutting steps, which include not renewing staff contracts.
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High court questions whether transactions are leases or security interest sales

June 21, 2011
Michael Hoskins
Examining whether a transaction between two businesses is a lease or a sale subject to security interest, the Indiana Supreme Court has adopted an approach used in Colorado. The court held that various factors, such as the economy, must be considered in each situation to decide that question.
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Court won't recognize non-fiduciary liability

June 21, 2011
Michael Hoskins
Indiana doesn’t allow people to sue when they’ve had corporate opportunities taken away by business partners who’ve gone off and formed new partnerships with others, and the state Court of Appeals declined to decide whether non-fiduciaries can be held liable for usurping corporate opportunity.
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Justices rule on lawyer liablity coverage case

June 21, 2011
Michael Hoskins
Questions exist as to whether the professional liability coverage carrier for a disbarred attorney misled two former clients about helping them collect on legal malpractice claims.
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  1. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  2. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  3. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  4. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

  5. Hypocrisy in high places, absolute immunity handed out like Halloween treats (it is the stuff of which tyranny is made) and the belief that government agents are above the constitutions and cannot be held responsible for mere citizen is killing, perhaps has killed, The Republic. And yet those same power drunk statists just reel on down the hallway toward bureaucratic fascism.

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