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. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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