Legal News

Federal office: No Hatch Act violations in Dearborn County

July 27, 2010
Michael Hoskins
A federal government office has cleared two Dearborn County officials who’d been accused by the former county attorney of violating federal law that restricts political activity for those involved with federally funded programs.
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Majority overturns enticement of minor conviction based on error

July 26, 2010
Jennifer Nelson
Addressing for the issue for the first time, the 7th Circuit Court of Appeals ruled the “ostrich instruction” in context of 18 U.S.C. Section 2422(b) was not appropriately given to the jury in an enticement of a minor trial.
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Arbitration of FCRA claim survives bankruptcy discharge

July 26, 2010
Jennifer Nelson
A man’s Fair Credit Reporting Act claim can be arbitrated even though the debt was addressed and discharged in bankruptcy proceedings, the Indiana Court of Appeals ruled today.
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East Chicago casino case still alive

July 26, 2010
Michael Hoskins
A years-long court battle over millions of dollars in East Chicago casino revenue remains alive after a Marion County judge vacated an earlier dismissal of the civil suit and blocked the release of $8 million in disputed funds that had been part of a settlement.
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Nominations sought for numerous awards

July 23, 2010
IL Staff
If you know of a lawyer or judge who demonstrates dedication and professionalism above and beyond most, there are several awards for which they may be considered. Deadlines are quickly approaching.
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COA: Trial court to decide pre-sentencing educational credit time

July 23, 2010
Elizabeth Brockett
A trial court is the proper authority to determine credit if a defendant earns educational credit time prior to sentencing, the Indiana Court of Appeals ruled today.
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Defendants entitled to competency hearing in probation revocations

July 22, 2010
Jennifer Nelson
Defendants are entitled to a competency hearing as part of their due process rights, the Indiana Court of Appeals concluded today, addressing the issue for the first time.
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Plain English jury instructions now available

July 22, 2010
IL Staff
The Indiana Model Civil Jury Instructions, which were prepared by the Civil Instructions Committee of the Indiana Judges Association and are written in plain English, are now available.
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President names former deputy sheriff for U.S. Marshal

July 22, 2010
IL Staff
President Barack Obama nominated Myron M. Sutton, a former deputy sheriff in Newton County in 1998-2007, as United States Marshal for the Northern District of Indiana.
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Judges disagree on whether grandfather can adopt

July 21, 2010
Jennifer Nelson
Judges on the Indiana Court of Appeals disagreed as to whether a grandfather could adopt his biological granddaughter but allow the mother to retain her parental rights under Indiana law.
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Medicaid applications review policy doesn't violate federal law

July 21, 2010
Jennifer Nelson
An administrative law judge’s refusal to consider evidence of conditions that aren’t disclosed on a Medicaid disability application doesn’t violate federal law and the Due Process Clause, a majority on the Indiana Court of Appeals ruled today.
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Mom sues over girls' high school basketball schedule

July 21, 2010
Jennifer Nelson
A Franklin County mother is suing the Indiana High School Athletic Association and multiple school districts claiming discrimination against the girl’s basketball team based on when the girls play their games.
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Terre Haute attorney dies

July 21, 2010
Jennifer Nelson
A Terre Haute attorney and former member of the Indiana House of Representatives died Monday.
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Judge faces 4 charges

July 21, 2010
Michael Hoskins
A Marion Superior judge presiding over the county’s traffic court faces four judicial misconduct charges as a result of his general handling of traffic infraction cases and one suit in particular, where the state justices have described him as being “biased.”
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'Posnerian' wisdom featured in professor's new bookRestricted Content

July 21, 2010
Rebecca Berfanger
It’s no secret judicial clerks help with writing opinions at some point in the process – whether it’s the research, writing a first draft, reading and writing memos to judges on their drafts, or in some cases rewriting the judge’s first draft or outline into a final draft.
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Patient wins case following disclosure of HIV statusRestricted Content

July 21, 2010
Rebecca Berfanger
Considering how much information is out there on just about every individual – a simple Google search can prove that – it’s difficult to say what is or isn’t private anymore.
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State changes victim alerts

July 21, 2010
Rebecca Berfanger
The Indiana Department of Correction recently changed how it will notify those who register to find out where someone is in the system, whether it’s a transfer from one jail to another, a change in status, or a legal hearing.
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9 semi-finalists in running for justice spot

July 21, 2010
Michael Hoskins
Nine attorneys remain in the running to be the next Indiana Supreme Court justice after a seven-member commission narrowed down a list of nearly three-dozen applicants earlier this month for the court opening.
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Hogsett tapped for U.S. Attorney post

July 21, 2010
Michael Hoskins
When Indianapolis attorney Joe Hogsett received the news that he’d been tapped by President Barack Obama to be the next U.S. Attorney for the Southern District of Indiana, one of his first thoughts was that this could be the next home run in his career.
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Disciplinary rulings explore 'knowing' standard

July 21, 2010
Michael Hoskins
Attorneys faced misconduct cases involving incorrect citation, agreement-signing.
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Attorneys assist young entrepreneurs

July 21, 2010
Rebecca Berfanger
When an attorney in a bar association’s program for young lawyers learned that a program that helps at-risk youth to start and maintain their own businesses was in transition and needed a little help, he suggested his group step in.
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SJCBA welcomes new members

July 21, 2010
Rebecca Berfanger
The St. Joseph County Bar Association hosted its annual “An Evening at the Cove” June 30 for new members of the SJCBA at Coveleski Regional Stadium, home of the South Bend Silver Hawks baseball team.
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Lawyer elected U.S. Libertarian Party officer

July 21, 2010
Peter Schnitzler
Mark Rutherford wants America’s third-largest political party to make inroads by showing competence at the grassroots level of government.
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Anything you tweet may be used against you...Restricted Content

July 21, 2010
Michael Hoskins
Instant updates on Facebook and Twitter are becoming a staple in people’s lives, and those social media networks are becoming a more common part of the litigation process in state and federal courts.
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Justices consider juvenile placements

July 21, 2010
Michael Hoskins
The Indiana Supreme Court is considering a case where a St. Joseph County juvenile judge has declared unconstitutional three statutes involving child placements, a controversial issue that’s pitted many within the state judiciary against the Indiana Department of Child Services for the past two years.
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  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

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  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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