Government

Boy can't sue for lack of probable cause

March 17, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals declined to decide whether Indiana provides a plaintiff an adequate post-deprivation remedy despite the state's recognition of an affirmative immunity defense for government workers acting in the scope of their employment.
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Legislature's end suspenseful for legal community

March 15, 2010
Michael Hoskins
As the Indiana General Assembly got down to its final hours in a short-session, significant changes for the Hoosier legal community were on the table to possibly increase the number of appellate judges, change how one county chooses its trial judges, and impact how juveniles can be placed outside the state.
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Racketeering case nets $108 million in damages

March 12, 2010
Michael Hoskins
A federal judge has ordered an ex-mayor and top allies to pay more than $108 million in damages on a civil racketeering case, but in doing so he's rejected the Indiana Attorney General's most novel and far-reaching legal arguments centered on public corruption in East Chicago.
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Lawmakers miss self-imposed deadline

March 12, 2010
Jennifer Nelson
The Indiana General Assembly tried to end the session more than a week before the constitutional March 14 deadline, but impasses on school funding and unemployment insurance caused the legislators to miss their March 4 self-imposed deadline.
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BREAKING: Panel OKs magistrate's nomination

March 11, 2010
Michael Hoskins
The Senate Judiciary Committee has voted in favor of U.S. Magistrate Judge Jane E. Magnus-Stinson's nomination for a federal judgeship.
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Indy magistrate gets Senate panel's approval

March 11, 2010
Michael Hoskins
An Indianapolis federal magistrate joins two of her colleagues in getting a U.S. Senate committee's approval to become an Article III judge for Indiana.
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Lawmakers mull veto override on merit selection

March 11, 2010
Michael Hoskins
Vetoed legislation that would scrap St. Joseph County's merit selection for judicial elections and also add a new three-judge panel to the Indiana Court of Appeals is back in play.
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Law firms called to fight hunger

March 10, 2010
IL Staff
The law is a competitive profession, and the attorney general wants attorneys to channel that competition to fight hunger in Indiana.
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Vote expected on Indiana federal magistrate

March 10, 2010
Michael Hoskins
A U.S. Senate committee is expected to discuss and vote Thursday on an Indianapolis federal magistrate judge's nomination for a judgeship in the Southern District of Indiana.
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SCOTUS declines death row inmate's appeal

March 8, 2010
Michael Hoskins
The nation's highest court has declined to accept a death row inmate's case, leaving intact an Indiana judge's ruling that OK'd a federal prison policy banning face-to-face interviews with reporters.
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Justice ponders importance of party-line vote

March 5, 2010
Michael Hoskins
As the Indiana Supreme Court justices considered the constitutionality of the state's voter ID law this week, one jurist wondered how much the legislative process might factor into the court's analysis of whether a statute is constitutional.
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Houses active as session nears end

March 5, 2010
IL Staff
As this year's legislative session winds down, several bills of interest to the legal community have made it through both houses, but many remained stuck in conference committee Thursday.
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BREAKING: Senate panel OKs Johnsen

March 4, 2010
Michael Hoskins
Dawn Johnsen, nominated to be a key legal advisor for the president, was approved 12-7 along party lines by the U.S. Senate Judiciary Committee. Also, two of the three Indiana judicial nominees for the federal bench have gotten a green light from the committee.
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Judge certifies sex offender's class-action suit

March 4, 2010
Jennifer Nelson
A federal judge has certified a convicted sex offender's suit against the Indiana Department of Correction as a class action. The plaintiff claims registrants have no procedure to correct errors on the sex and violent offender registry.
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Committee approves some Indiana nominees

March 4, 2010
Rebecca Berfanger
More than a year since she was first nominated to head the Office of Legal Counsel, the U.S. Senate Judiciary Committee this morning approved Indiana law professor Dawn Johnsen along party lines for the second time. Two of the three Indiana judicial nominees for the federal bench also received the green light this morning. Johnsen and the judicial nominees can now be voted on by the full Senate.
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Legislature, courts navigate uncertainty about registry lawsRestricted Content

March 3, 2010
Michael Hoskins
Hoosier lawmakers are revising state law following the confusion created by an Indiana Supreme Court ruling last year, which involves how convicted sex offenders can be removed from a statewide registry if they believe registration wasn't required at the time of their conviction.
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House OKs child support-casino billRestricted Content

March 3, 2010
Michael Hoskins
Lawmakers have passed a bill that allows the Indiana Department of Child Services to more efficiently collect delinquent child support, including a gaming intercept requiring casinos to check whether gamers are on a state delinquency list before releasing large jackpots to them.
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Lawmakers move court-funding billsRestricted Content

March 3, 2010
In the last days of the legislative session, lawmakers addressed funding proposals in HB 1154 on converting Marion County commissioners into magistrates and using a $35 fee on traffic infractions to pay for this; SB 307 that would allow a $50 fee on Bartholomew County traffic infractions to pay for a new Superior Court there; and SB 399 on capping traffic violation fines statewide.
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COA: Consent prevented constitutional violations

March 1, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of two defendants' motion to suppress evidence even though it wasn't reasonable under the Indiana Constitution because one of the men gave his consent to search the bag which held drugs.
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Lawmakers revising sex-offender registry rules

February 26, 2010
Michael Hoskins
Hoosier lawmakers are revising state law following the confusion created by an Indiana Supreme Court ruling last year relating to how convicted sex offenders can be removed from a statewide registry if they believe registration wasn't required at the time of their conviction.
More

Session nears end, may finish early

February 26, 2010
IL Staff
This session of the Indiana General Assembly is scheduled to end March 14, but legislators are working to try to finish the session early. It's not known for certain when the House and Senate will wrap up, but both sides have the goal to possibly end by March 7, one week before the constitutionally scheduled deadline.
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Governor names new general counsel

February 25, 2010
IL Staff
Gov. Mitch Daniels didn't have to look far to fill a vacancy for general counsel.
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Senators postpone votes on Hoosier nominees

February 25, 2010
Michael Hoskins
Thanks in part to the high-profile health-care summit today, the U.S. Senate Judiciary Committee postponed votes this morning on three Indiana judicial nominees and a Bloomington law professor being considered for a key Department of Justice spot.
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Workshop examines foster care

February 24, 2010
IL Staff
Child Advocates and the Marion Superior Court's Juvenile Division are hosting a workshop this week in Indianapolis to examine why more African-American children are in the county's foster care than other races.
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Schools sue over state funding formula

February 23, 2010
Jennifer Nelson
Three Indiana school districts are suing the state over the Indiana's per-pupil school-funding formula.
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  1. Frankly, it is tragic that you are even considering going to an expensive, unaccredited "law school." It is extremely difficult to get a job with a degree from a real school. If you are going to make the investment of time, money, and tears into law school, it should not be to a place that won't actually enable you to practice law when you graduate.

  2. As a lawyer who grew up in Fort Wayne (but went to a real law school), it is not that hard to find a mentor in the legal community without your school's assistance. One does not need to pay tens of thousands of dollars to go to an unaccredited legal diploma mill to get a mentor. Having a mentor means precisely nothing if you cannot get a job upon graduation, and considering that the legal job market is utterly terrible, these students from Indiana Tech are going to be adrift after graduation.

  3. 700,000 to 800,000 Americans are arrested for marijuana possession each year in the US. Do we need a new justice center if we decriminalize marijuana by having the City Council enact a $100 fine for marijuana possession and have the money go towards road repair?

  4. I am sorry to hear this.

  5. I tried a case in Judge Barker's court many years ago and I recall it vividly as a highlight of my career. I don't get in federal court very often but found myself back there again last Summer. We had both aged a bit but I must say she was just as I had remembered her. Authoritative, organized and yes, human ...with a good sense of humor. I also appreciated that even though we were dealing with difficult criminal cases, she treated my clients with dignity and understanding. My clients certainly respected her. Thanks for this nice article. Congratulations to Judge Barker for reaching another milestone in a remarkable career.

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