Legal News

Despite out-of-court agreement, COA upholds motion to strike

November 15, 2010
Jennifer Nelson
The Indiana Court of Appeals encourages collegiality among attorneys when it comes to resolving issues outside of court, but it had to uphold the striking of documents because they were not timely filed with the trial court. The parties’ attorneys agreed to an extension of time to reply outside of court, but the trial court had no choice but to not allow the late reply.
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ICJI awards grant for study of juvenile courts

November 15, 2010
Rebecca Berfanger
Two Indiana University School of Public and Environmental Affairs professors at Indiana University-Purdue University Indianapolis have received a $200,000 grant from the Indiana Criminal Justice Institute to study the records of juvenile delinquents in Indiana to determine if juvenile court personnel treated defendants differently based on race, the school announced today.
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Court upholds juvenile placement with DOC

November 12, 2010
Jennifer Nelson
The Indiana Court of Appeals upheld placing a juvenile with the Indiana Department of Correction over his objections that there was a less restrictive alternative available.
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Justices disbar attorney

November 12, 2010
Jennifer Nelson
The Indiana Supreme Court chose to disbar a Marion County attorney due to his pattern of neglect in clients’ cases.
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Plaintiff attorney chosen to serve on judicial commissions

November 11, 2010
Michael Hoskins
An Indianapolis plaintiff attorney has received the most votes from colleagues to join the Indiana Judicial Nominating and Judicial Qualifications commissions, and he’ll take a spot on a seven-person panel in January.
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Judge denies summary judgment in legal malpractice suit

November 11, 2010
Jennifer Nelson
A federal judge denied summary judgment for an attorney and his law firm on legal malpractice and other claims, ruling the defendants failed to present a coherent argument to support summary judgment.
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COA to visit high school for oral arguments

November 11, 2010
IL Staff
The Indiana Court of Appeals will hear oral arguments in a trespass and resisting law enforcement case at an Indianapolis high school Nov. 16.
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Northern District Local Rules amended

November 11, 2010
IL Staff
Four local rules have been amended in the U.S. District Court of Indiana, Northern District. Changes have been made to Local Rule 7.1, Motion Practice; Length and Form of Briefs; L.R. 56.1 Summary Judgment Procedure; L.R. 200.1, Bankruptcy Cases and Proceedings; and Appendix C, Notice to Pro Se Litigant.
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COA: State could charge man for leaving scene of fatal accident

November 10, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s conviction for failing to return to the scene of a fatal accident, finding the state wasn’t barred under collateral estoppel principles from prosecuting him for the same crime as another man who had already been convicted of causing the victim’s death.
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High court vacates transfer order

November 10, 2010
IL Staff
The Indiana Supreme Court has decided not to take the case of a man who claimed he received ineffective assistance of trial counsel.
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ATC chairman stepping down

November 10, 2010
IL Staff
P. Thomas Snow, a former judge in Wayne County, is resigning as chairman of the Alcohol & Tobacco Commission.
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New advertising rule on law firm monikers sparks concern

November 10, 2010
Michael Hoskins
New attorney advertising rules adopted recently by the Indiana Supreme Court have some lawyers throughout the state worried that they’re being forced to change their law firm names from what’s historically been allowed.
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Human trafficking cases on the rise in IndianaRestricted Content

November 10, 2010
Rebecca Berfanger
While it may still be an issue under the radar of many Hoosiers, human trafficking seems to be thriving in Indiana.
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Giving a gift of life

November 10, 2010
Rebecca Berfanger
For some, when a family member needs something, there’s no doubt that the right thing to do is step up and give. That was the case with two members of the legal community.
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Commission sends 3 names as finalists for Tax Court opening

November 10, 2010
Michael Hoskins
Within two months, Indiana will have a new state tax judge for only the second time ever.
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Pipeline programs to improve diversityRestricted Content

November 10, 2010
Rebecca Berfanger
When high school students don’t know attorneys or judges, it’s less likely they’ll know how to become attorneys or judges. This is particularly true in urban neighborhoods. To counter that, diversity pipeline programs are being created to encourage more ethnic and racial diversity in the legal profession.
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Diversity issues affect family lawRestricted Content

November 10, 2010
Rebecca Berfanger
While family law cases can be complicated – especially if children are involved and a case has ended up in front of a judge after the parties couldn’t come to an agreement on their own through mediation – the issues only get more complicated when fundamental differences exist between the parties.
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New national act would address adult guardianship matters

November 10, 2010
Michael Hoskins
New law changes are on the horizon in order to create more uniform guardianship laws throughout the country and reduce conflicts between states.
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SCOTUS mulling the future of class-action suits

November 9, 2010
Michael Hoskins
Defense and plaintiffs attorneys alike have their eyes on the Supreme Court of the United States, which has before it a case that some say could spell the end to class-action lawsuits in the name of contractual arbitration.
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Court affirms locked glove box search

November 9, 2010
Michael Hoskins
Without a case on point for the Indiana Court of Appeals to follow, the state’s second-highest appellate court has followed the direction of federal rulings and national precedent on allowing police to search locked glove boxes without a warrant.
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COA: jury should have had access to images

November 9, 2010
Rebecca Berfanger
The Indiana Court of Appeals today reversed and remanded a jury verdict in favor of medical care providers in a medical-malpractice case involving a permanent eye injury following laser eye surgery. The appellate court concluded the trial court's evidentiary and instructional rulings constituted reversible error.
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SCOTUS reverses 7th Circuit a second time on capital case

November 8, 2010
Michael Hoskins
An Indiana case has prompted the nation’s highest court to reiterate that federal courts can’t issue any writ of habeas corpus to state prisoners whose confinements do not violate U.S. law.
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Commission sends Tax Court finalists' names on to governor

November 8, 2010
IL Staff
The Indiana Judicial Nominating Commission submitted the names of the three finalists for the Indiana Tax Court to Gov. Mitch Daniels Friday.
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Court divided on invasion of privacy charge

November 8, 2010
Jennifer Nelson
The Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been convicted of invasion of privacy when she spoke to the protected party during a court hearing.
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Ticket can't constitute 'testimonial hearsay'

November 8, 2010
Jennifer Nelson
Because a chemical breath-test evidence ticket is a mechanically produced readout that can’t be considered “testimonial hearsay” under U.S. Supreme Court precedent, the Indiana Court of Appeals held a man’s Sixth Amendment rights weren’t violated when the equipment technician didn’t testify at his drunk-driving trial.
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  1. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

  2. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  3. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  4. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  5. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

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