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SCOTUS takes case on whether vehicular flight from police is a 'violent felony'

December 8, 2010
Michael Hoskins
No one disputes fleeing in a vehicle from police is a crime. But whether that crime is considered a “violent” one worthy of an enhanced sentence under a long-standing federal career criminal statute is a legal nuance now an issue before the nation’s highest court, and Indiana is playing a key role.
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Small law firm dissolving as 9 attorneys go to Bose McKinney

December 8, 2010
Michael Hoskins
Most of the lawyers at a civil litigation firm in Indianapolis are departing for one of the city’s largest law firms at the end of the year, dissolving a firm with a rich history that’s been around in some form since the early 1980s and has included some high-profile attorneys such as Birch and Evan Bayh.
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Encouraging diversity at law schools

December 8, 2010
Rebecca Berfanger
When asked if diversity played a role in their decisions on where to attend law school, a handful of minority law students in Indiana said while it wasn’t the biggest or only factor, it often was a consideration.
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Judge and his wife use son's death to discuss prescription drug abuse

December 8, 2010
Michael Hoskins
The scream that pierced the silence one morning almost two years ago is one that haunts Marion Superior Judge Bill Nelson every day, and it likely will for the rest of his life.
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Fewer filings, newer trends

December 8, 2010
Michael Hoskins
The number of cases filed in the state courts dropped slightly in 2009 from the previous year, but the nearly two million filings still amounted to the second-highest number ever for Indiana.
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Attorneys help wounded warriors

December 8, 2010
Rebecca Berfanger
Since June, a number of Indiana-based Army Reservists have been helping American soldiers in their greatest hour of need.
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Justices order Marion traffic judge's suspension

December 8, 2010
Michael Hoskins
The Indiana Supreme Court has suspended the Marion County traffic judge who’s admitted he imposed excessive fines and treated people unfairly in his court partly because he wanted to discourage future litigants from exercising their constitutional right to trial.
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Local courts, educational program named after 3 Indiana jurists

December 8, 2010
Michael Hoskins
The practice of naming a building after someone is a longstanding tradition throughout the country, but one of the most common practices in those renamings is waiting until someone dies to dedicate that place.
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ITLA focuses on education, legislation, amicus briefs

December 8, 2010
Rebecca Berfanger
As the year comes to a close, the president of the Indiana Trial Lawyers Association said the organization of about 1,000 members will continue its three major goals: to provide educational opportunities, to write amicus briefs when there is a broader issue that can apply to cases and clients of trial attorneys, and to track bills as they are submitted by legislators for the 2011 session of the Indiana Legislature.
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Yonally: Young Lawyers Section creates connections

December 8, 2010
Amanda Yonally
The Young Lawyer Section of the Indiana Trial Lawyers Association is made up of 250 attorneys who have been practicing law for less than 10 years and who are committed to advancing the mission of the association.
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ITLA young lawyer honored

December 8, 2010
Tara Worthley receives the Max Goodwin Young Lawyer Award.
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Editorial: Election Day 2010 provides cause for concern

December 8, 2010
Editorial Indiana Lawyer
Here's to hoping reason and sanity will prevail, but we're not holding our breath.
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Indiana Judges Association: Protect 'We (All) the People'

December 8, 2010
David Dreyer
Judge David Dreyer writes about judges doing their jobs on controversial topics.
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Judge's collection inspired military museum in Vincennes

December 8, 2010
Rebecca Berfanger
After starting his collection of World War II memorabilia as a child, almost three decades ago a judge in southern Indiana had amassed enough artifacts, including jets and tanks, to open a museum in Vincennes.
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Techology Untangled: The Android alternative to the iPhone

December 8, 2010
Stephen Bour
Today’s review will discuss the latest Droid phones by Motorola and their Android software.
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Job fair connects diverse students to jobs

December 8, 2010
Rebecca Berfanger
To help a diverse group of 2L students find summer employment in central Indiana, and to help Indianapolis-area employers connect with diverse, qualified students looking for summer associate positions, the Indianapolis Bar Association hosted its third diversity job fair at a downtown Indianapolis hotel in August.
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Indiana traffic court issues dent judiciary's public perception

November 24, 2010
Michael Hoskins
Two central Indiana traffic court judges are under fire for their conduct and practices in their courtrooms, with one Marion Superior judge facing disciplinary charges after sparking statewide legislative changes and criticism from the Indiana Court of Appeals.
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In case of dishonest lawyers

November 24, 2010
Michael Hoskins
The nearly 50-year-old Indiana State Bar Association Clients’ Financial Assistance Fund has seen an unprecedented number of claims against a single attorney.
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Court programs, economy among focuses of foreclosure conference

November 24, 2010
Rebecca Berfanger
When it comes to the problem of mortgage foreclosures in Indiana, there appears to be no end in sight, at least not yet.
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Johnsen speaks publicly for first time in 2 years

November 24, 2010
Rebecca Berfanger
Two years ago this month, an Indiana University Maurer School of Law professor was named to the transition team of President Barack Obama, not quite knowing where that experience would lead.
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Programs target older foster youth

November 24, 2010
Rebecca Berfanger
For foster youth who are about to age out of the system or have already done so, there often is no support system. That decreases one’s chance of getting a good education and increases the likelihood that the former foster youth will end up homeless or become involved in illegal activity and be arrested after aging out.
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General Assembly ready for new session's business

November 24, 2010
Michael Hoskins
With a new legislative session on the horizon, the Indiana General Assembly is going to be one to watch as it likely tackles a multitude of issues influencing the state’s legal community.
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Indiana law students raise awareness on animal welfare issues

November 24, 2010
Rebecca Berfanger
To learn more about a number of legal concerns that involve animal welfare – whether those issues involve pets, livestock, or even exotic animals – students at Indiana law schools have started organizations affiliated with the national Animal Legal Defense Fund.
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Death and tax uncertainty

November 24, 2010
Michael Hoskins
These days, it feels as though Uncle Sam is laughing at estate planning and wealth transfer attorneys.
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AG holds first criminal justice summit on death penalty costs

November 24, 2010
Michael Hoskins
In what was the first of its kind in Indiana, the state Attorney General’s Office held a criminal justice summit at the University of Notre Dame this month to examine the critical issues the legal system faces from capital cases where the death penalty is utilized.
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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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