Legal News

Judges reverse denial of motion to suppress

January 20, 2012
Jennifer Nelson
The Indiana Court of Appeals found police should have given a Spanish-speaking man arrested for driving without receiving a license a Miranda warning before he filled out an information sheet. As a result of his answers, police later charged him with forgery because his name on the sheet didn’t match what he provided to his employer.
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ISBA welcomes 25 lawyers to leadership program

January 20, 2012
IL Staff
Twenty-five attorneys make up the 2012 inaugural class of the Indiana State Bar Association’s Leadership Development Academy.
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Holmes to retire from ACLU of Indiana

January 19, 2012
IL Staff
Gilbert L. Holmes, who has led the American Civil Liberties Union of Indiana for nearly three years, will retire March 31.
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Supreme Court upholds unemployment benefits for Chrysler workers

January 19, 2012
Jennifer Nelson
The Indiana Supreme Court has affirmed the decision by the Review Board of the Indiana Department of Workforce Development granting unemployment benefits to Chrysler workers who took voluntary buyouts.
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Judges refuse to create another intoxication defense

January 19, 2012
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument that he should be allowed to use intoxication as a defense to his criminal charges because the prescription medication that caused his strange behavior was taken for valid medical purposes.
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Attorney faces theft and forgery charges

January 19, 2012
Jennifer Nelson
An Indianapolis attorney and accountant has been charged with theft and forgery after an investigation revealed the attorney had misappropriated nearly $600,000 in funds from a guardianship account and a family trust account.
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Justices divided on proper sanction for attorney actions

January 18, 2012
Jennifer Nelson
The majority of Indiana Supreme Court justices found the trial court was within its discretion to dismiss a personal injury action because of the plaintiff’s attorney’s actions.
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Justices reverse determinate commitment

January 18, 2012
Jennifer Nelson
In a three-page per curiam opinion released Wednesday by the Indiana Supreme Court, the justices reversed a juvenile’s determinate commitment to the Department of Correction for committing what would be felony murder if committed by an adult.
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Human trafficking bill passes Senate

January 18, 2012
IL Staff
Senate Bill 4, legislation introduced to strengthen Indiana’s human trafficking statutes, has passed unanimously in the Senate. Legislators are pushing to make the bill a law before the Super Bowl in Indianapolis Feb. 5.
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COA clarifies ruling in negligent hiring lawsuit

January 18, 2012
Jennifer Nelson
The Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t appeal the original ruling.
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Court splits over motion for discharge ruling

January 18, 2012
Jennifer Nelson
An Indiana Court of Appeals judge dissented from his colleagues in a Criminal Rule 4(B) motion for discharge case, disagreeing with the interpretation of language in Jenkins v. State regarding the relevant time for purposes of determining whether a defendant can file a pro se motion for a speedy trial.
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Darden winds down his appellate career

January 18, 2012
Michael Hoskins
The Indiana Court of Appeals judge will retire in July when he turns 75.
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Collaborative divorce offers closure for clients, demands less attorney time

January 18, 2012
Jenny Montgomery
Attorneys say collaborative divorce works for clients who hope to avoid the courtroom.
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Indiana chief justice delivers final address

January 18, 2012
Michael Hoskins
Shepard says state courts are no longer 'Lone Rangers.'
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Prisons face legal questions in managing inmate requests

January 18, 2012
Michael Hoskins
The institutions must balance religion of inmates and security of prisons.
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Prioritizing increases ease of mergers

January 18, 2012
Jenny Montgomery
When considering whether to merger your firm with another, several factors must be considered, including avoiding geographic overlap and being honest with employees.
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Indiana court decisions Jan. 1 to 11, 2012

January 18, 2012
IL Staff
Read summaries of the For Publications from the Indiana appellate courts and the 7th Circuit Court of Appeals.
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SCOTUS won't consider off-campus school speech

January 17, 2012
Michael Hoskins
The nation’s highest court has declined to take a pair of cases asking whether schools can censor the off-campus behavior of students who post messages or photos against school officials or other students.
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7th Circuit upholds Indiana law on wine shipping

January 17, 2012
Michael Hoskins
The 7th Circuit Court of Appeals has upheld an Indiana statute that prevents alcohol retailers from shipping their products to consumers by using a motor carrier such as UPS, and the state has the authority to regulate those shipments through the 21st Amendment.
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Order requires United Financial to pay court costs

January 17, 2012
Michael Hoskins
The Indiana Supreme Court has ordered United Financial Systems Corp. and its officials to pay the court and a special master $16,003 for the costs associated with an Unauthorized Practice of Law action that has been ongoing for more than three years.
 
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2 Martinsville legislators will not seek re-election

January 17, 2012
IL Staff
State Sen. Richard Bray, R-Martinsville, will not seek re-election. His announcement comes only a few weeks after Rep. Ralph Foley, R-Martinsville, said he also won’t run for re-election.
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Legislation inspired by Barnes ruling passes Senate committee

January 17, 2012
Jenny Montgomery
A Senate committee voted unanimously to pass a bill that would allow a person to resist the unlawful entry into a dwelling by a law enforcement officer under certain conditions.
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Valparaiso University to host Argentinian law scholar for lecture

January 17, 2012
IL Staff
Valparaiso University Law School will host Paola Bergallo, professor of law at Universidad de San Andrés in Buenos Aires, Argentina, for a guest lecture at 4 p.m. (CST) Jan. 26 at Wesemann Hall.
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State bar sponsors Talk to A Lawyer program on MLK day

January 16, 2012
IL Staff
The Indiana State Bar Association will sponsor “Talk to a Lawyer Today,” a pro bono program to provide legal assistance to underserved populations, throughout the state as a tribute to the Rev. Martin Luther King Jr. The program is an opportunity for attorneys statewide to offer free legal consultations to members of the general public who might not otherwise be able to afford the counsel of an attorney.
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Nobel prize recipient to speak in Indianapolis

January 16, 2012
IL Staff
Indiana University Robert H. McKinney School of Law will host a lecture by Leymah Gbowee, joint recipient of the 2011 Nobel Peace Prize, on Feb. 16.
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  1. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  2. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  3. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  4. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

  5. I have dealt with more than a few I-465 moat-protected government attorneys and even judges who just cannot seem to wrap their heads around the core of this 800 year old document. I guess monarchial privileges and powers corrupt still ..... from an academic website on this fantastic "treaty" between the King and the people ... "Enduring Principles of Liberty Magna Carta was written by a group of 13th-century barons to protect their rights and property against a tyrannical king. There are two principles expressed in Magna Carta that resonate to this day: "No freeman shall be taken, imprisoned, disseised, outlawed, banished, or in any way destroyed, nor will We proceed against or prosecute him, except by the lawful judgment of his peers or by the law of the land." "To no one will We sell, to no one will We deny or delay, right or justice." Inspiration for Americans During the American Revolution, Magna Carta served to inspire and justify action in liberty’s defense. The colonists believed they were entitled to the same rights as Englishmen, rights guaranteed in Magna Carta. They embedded those rights into the laws of their states and later into the Constitution and Bill of Rights. The Fifth Amendment to the Constitution ("no person shall . . . be deprived of life, liberty, or property, without due process of law.") is a direct descendent of Magna Carta's guarantee of proceedings according to the "law of the land." http://www.archives.gov/exhibits/featured_documents/magna_carta/

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