Rehearing

7th Circuit affirms Lake County official's sentence

August 11, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld Robert Cantrell’s 78-month sentence for various convictions, including using his position in public office for kickbacks.
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Special judge rules on venue change in Camm case

August 9, 2010
Michael Hoskins
A southern Indiana judge has decided not to change the venue of a former state trooper’s third murder trial, and instead will bring in jurors from outside the region to consider charges in a case that has twice been overturned on appeal.
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Woman loses bid for new trial, appeals

August 4, 2010
Michael Hoskins
A Greensburg woman – who said she was wrongfully convicted 14 years ago of an arson that killed her son – has lost her latest bid for a new trial and is now taking her case to the Indiana Court of Appeals.
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No issue with all legislative logrolling

July 21, 2010
Michael Hoskins
The Indiana Supreme Court offered some clues recently about why it’s ignored repeated attempts to address the issue of legislative logrolling, where multiple unrelated changes are stuffed into one massive bill that becomes law.
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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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Judicial pay case gets ABA supportRestricted Content

July 7, 2010
Michael Hoskins
The American Bar Association wants the Supreme Court of the United States to take a case that asks whether congressional denial of cost-of-living adjustments for federal judges compromises judicial independence and violates the Constitution.
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Law doesn't infringe on free speechRestricted Content

July 7, 2010
Michael Hoskins
The Supreme Court of the United States ruled June 24 on the case of Doe v. Reed, No. 09-559, in which Terre Haute attorney James Bopp Jr. was the lead attorney on the case that pitted free speech versus public disclosure of ballot petition supporters.
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Lawyer-owned bar opens in IndianapolisRestricted Content

July 7, 2010
Rebecca Berfanger
The Ball & Biscuit had its soft opening at 331 Massachusetts Ave. in Indianapolis June 24.
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Camm's attorneys seek special judgeRestricted Content

June 23, 2010
Michael Hoskins
Defense attorneys for the former state trooper facing a third triple-murder trial want the Indiana Supreme Court to name a special judge because of what they say are delays from the current presiding judge.
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We the People team 8th in nation

May 12, 2010
Rebecca Berfanger
High school students who represented Indiana at the 23rd annual We the People congressional hearing competition placed eighth among the teams competing on the national level in Washington, D.C., April 22-27.
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East Chicago-casino settlement up in airRestricted Content

May 12, 2010
Michael Hoskins
A Marion Superior Judge declined to immediately decide on the state's request to set aside a partial settlement in a dispute about East Chicago casino revenues.
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District judge sends voter ID suit backRestricted Content

April 28, 2010
Michael Hoskins
A federal judge ruled against a Cumberland man in his federal challenge to Indiana's voter identification law, but remanded his pending state claims back to state court.
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En banc 7th Circuit says IPAS can sueRestricted Content

April 28, 2010
Michael Hoskins
The 7th Circuit Court of Appeals has decided that independent state organization Indiana Protection and Advocacy Services has the right to sue a state government agency about the practices and programs regarding mentally ill inmates.
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Lawyers featured in law student's 5th bookRestricted Content

April 14, 2010
Rebecca Berfanger
Indiana University School of Law - Indianapolis student Erin Albert released her fifth book, “Indianapolis: A Young Professional’s Guide, Second Edition,” at a book launch party and signing April 8.
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SCOTUS declines bar exam denial caseRestricted Content

April 14, 2010
Michael Hoskins
The Supreme Court of the United States has declined to take a case filed by a Fort Wayne man – who’s an attorney in Kansas – on claims that the Indiana Judges and Lawyers Assistance Program and officials running the admittance process here denied him the right to sit for the bar exam.
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Justices hear voter ID case argumentsRestricted Content

March 17, 2010
Michael Hoskins
The Indiana Supreme Court heard arguments March 4 about the state's controversial voter identification law, and is considering whether the requirements impose an unconstitutional burden on some voters who can't obtain the necessary photo ID cards.
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DCS seeks stay on rate-cut injunctionRestricted Content

March 17, 2010
IL Staff
The Department of Child Services wants a federal judge to stay the preliminary injunction preventing it from cut ting reimbursement rates, arguing the results of the injunction will be detrimental to children receiving services.
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Dinner supports public interest lawRestricted Content

March 17, 2010
Rebecca Berfanger
Equal Justice Works at Indiana University School of Law - Indianapolis hosted a crowd of more than 180 guests at its second annual dinner to support the Loan Repayment Assistance Program, which helps to pay off loans of law school graduates who decide to work in public interest law.
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Juvenile justice filmmaker laudedRestricted Content

March 17, 2010
Michael Hoskins
Calamari Productions and MSNBC will receive the Alliance for Women in Media's 2010 Gracie Allen Award for an outstanding series at the organization's 35th anniversary gala event in May in Hollywood.
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Pregnant teller's shooter sentencedRestricted Content

February 17, 2010
Jennifer Nelson
Brian Kendrick was convicted and sentenced for the 2008 shooting of Indianapolis bank teller Katherin Shuffield, who was nearly six months pregnant with twins at the time.
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School-focused bill moves to SenateRestricted Content

February 17, 2010
An amended version of House Bill 1193, which came about as a result of a juvenile justice conference in August, passed out of the Senate's Judiciary Committee 6-1 Feb. 10. One major change in the bill approved by the committee was the deletion of the section about training for police officers who deal with juveniles on a regular basis.
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Prosecutor denies alleged misconductRestricted Content

January 20, 2010
Michael Hoskins
Marion County Prosecutor Carl Brizzi denies that he violated any professional conduct rules in his handling of two high-profile murder cases, specifically in his written or spoken statements made when describing the crimes to the public.
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Bill seeks to repeal placements statuteRestricted Content

January 20, 2010
Michael Hoskins
Lawmakers are considering legislation that would repeal a last-minute 2009 special session provision that gave the Indiana Department of Child Services key control in deciding whether juveniles should be placed outside the state.
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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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