Regional News

Perry County only preferred venue for wage suit

May 12, 2011
Jennifer Nelson
In an issue with no clear precedent regarding statutory interpretation with respect to the Wage Claims Act, the Indiana Court of Appeals concluded that a trial court didn’t err in concluding Perry County was the proper venue for a suit filed by the Commissioner of Labor under the act.
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Justices divided on whether case should be before Tax Court

May 12, 2011
Jennifer Nelson
The Indiana Supreme Court split Thursday on whether the attorney general’s attempt to recover an erroneously issued “tax refund” to a company should proceed in state court or in the Indiana Tax Court.
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Governor signs courts, judicial age bills

May 11, 2011
IL Staff
Gov. Mitch Daniels has signed into law changes to various courts around the state, as well as the legislation that removes age restrictions of certain judges who run for office.
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Bills on courts, forfeiture before governor

May 11, 2011
Jennifer Nelson
Several Indiana counties will have their Circuit and Superior courts unified and certain judges will no longer have to be less than 70 years old when they take office, thanks to legislation passed during the 2011 session of the General Assembly.
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Judge rejects plea for former physician

May 11, 2011
Michael Hoskins
U.S. Judge Philip Simon in the Northern District of Indiana rejected a plea agreement on April 27 for former physician Mark Weinberger, who faces at least 22 criminal counts of billing insurers and patients for procedures he didn’t perform.
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Prosecutor undergoes bypass surgery

May 9, 2011
IL Staff
Marion County Prosecutor Terry Curry underwent cardiac bypass surgery Monday at an Indianapolis-area hospital.
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Evansville bar names Gresham award winner

May 4, 2011
Jenny Montgomery
The Evansville Bar Association presented the James Bethel Gresham Freedom Award to Vanderburgh Circuit Judge Carl A. Heldt on April 29 at its annual Law Day dinner.
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Munster students finish 10th in national We the People competition

May 3, 2011
Jenny Montgomery
A group of teens from Munster High School finished 10th from a field of 52 in the national finals of We the People: the Citizen and the Constitution.
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IU-Maurer Ft. Wayne alumni lunch

May 3, 2011
IL Staff
Allen Superior Judge Stanley Levine and Indiana University Maurer School of Law Dean Lauren Robel will make remarks at a Fort Wayne alumni reception.
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Pinched nerve causes chief justice to miss arguments, Evansville event

May 2, 2011
Jennifer Nelson
Indiana Supreme Court Chief Justice Randall T. Shepard is dealing with a painful pinched nerve in his neck but is working on managing the pain and has not been hospitalized as a result of the condition, said Supreme Court Public Information Officer Kathryn Dolan.
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General Assembly wraps up on time

May 2, 2011
Jennifer Nelson
The 2011 session of the Indiana General Assembly ended on schedule despite the weeks-long walkout by House Democrats. Now, bills impacting Indiana’s courts and legal community make their way to the governor’s desk.
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Appellate court to visit Wabash for arguments

April 28, 2011
IL Staff
The Indiana Court of Appeals travels to Wabash Friday to hear arguments in an insurance case.
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Justices reverse forfeiture of truck

April 27, 2011
Jennifer Nelson
The Indiana Supreme Court agreed with the lower appellate court that a man’s truck shouldn’t have been lost in a civil forfeiture action because the state didn’t prove any substantial connection between the truck and the commission of a crime.
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Open house Thursday for court agency office

April 20, 2011
IL Staff
The Domestic Relations Counseling Bureau is holding an open house Thursday for its new offices in the City-County Building in downtown Indianapolis. The 40-year-old court agency provides recommendations to the court for custody and visitation.
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Allen Superior Court seeks magistrate judge

April 15, 2011
IL Staff
The Allen Superior Court Criminal Division is accepting applications for the magistrate judge position that will open up after Magistrate Judge Robert J. Schmoll retires. Magistrate Schmoll was appointed to the bench in January 1995.
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Dining event to aid pro bono clinic

April 14, 2011
IL Staff
On April 20, the Columbus Applebee’s restaurant will donate 15 percent of sales to Legal Aid District Eleven, which serves Bartholomew, Brown, Decatur, Jackson, and Jennings counties.
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Suspended attorney pleads guilty to theft

April 13, 2011
Michael Hoskins
A suspended attorney has pleaded guilty to stealing $283,000 from his clients during dozens of transactions.
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COA: Attorney entitled to lien on former client's file

April 13, 2011
Jennifer Nelson
An attorney doesn’t have to produce documentation of the amount of money a former client owes in order to have a valid retaining lien, ruled the Indiana Court of Appeals.
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Attorneys discuss pros and cons of practicing in 2 states

April 13, 2011
Rebecca Berfanger, Jenny Montgomery
Attorneys in Indiana know that they must meet certain ongoing requirements to maintain their law licenses: CLE hours, and staying abreast of procedural changes. Why, then, would anyone want to be licensed in two states?
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Indiana Senate honors state's oldest former legislator

April 13, 2011
Jenny Montgomery
Teacher, lawyer, businessman, farmer, statesman – Elmer Hoehn has held many titles in his life.
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Judges disagree on whether landowners are 'aggrieved'

April 12, 2011
Michael Hoskins
Jurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
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Court addresses forgery statute on electronic credit card purchases

April 12, 2011
Michael Hoskins
Using someone else’s credit card and electronically signing that person’s name is considered “uttering” a written instrument under Indiana’s forgery statute, the state’s appellate court has ruled.
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US Attorney fined for speeding

April 11, 2011
IL Staff
Joseph Hogsett, the U.S. Attorney for the Southern District of Indiana, received a ticket for speeding in Owen County. Hogsett was driving 10 miles over the posted speed limit on State Road 46 when he was stopped and cited for speeding.
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Judge dismisses civil forfeiture suit against state prosecutors

April 6, 2011
Michael Hoskins
A Marion Superior judge has tossed a lawsuit against 78 county prosecutors being accused of breaking the law by not turning over seized assets from criminals to a school construction fund. In doing so, the judge expressed concern about the lack of reasoning and consistency demonstrated by prosecutors throughout the state.
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State won't immediately appeal IBM 'deliberative processes' ruling

April 6, 2011
Michael Hoskins
At least for now, the Indiana Court of Appeals isn’t being asked to consider a Marion County judge’s decision that held a “deliberative process” privilege exists in Indiana.
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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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