Government

SCOTUS hears voter ID case

January 1, 2008
Michael Hoskins
Arguments played out in the Supreme Court of the United States this morning on the legality of Indiana's voter identification law.The nine justices heard an hour of arguments at 10 a.m. in the combined Hoosier cases of Crawford v. Marion County Election Board, No. 07-21, and Indiana Democratic Party v. Rokita, No. 07-25. Both challenge the state's three-year-old voter photo ID law that's been upheld by both U.S. District Judge Sarah Evans Barker and the 7th Circuit Court of Appeals.Stakes are...
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Nominees sought for Indianapolis civic award

January 1, 2008
IL Staff
The Indianapolis Mayor's Office is currently accepting nominations for the Charles L. Whistler Award.The award is named after a Baker & Daniels senior partner, Whistler, who gave his time and abilities to the Indianapolis community. At the time of his death in 1981, he was chairman of the Greater Indianapolis Progress Committee's Urban Growth and Revitalization Task Force, and the White River State Park Citizen's Advisory Committee. Nominations are open to anyone in Indianapolis except currently appointed government employees and public...
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Law student runs for human rights: IU Law - Indianapolis organization recipient of 3L's fundraising efforts

January 1, 2008
Rebecca Berfanger
The International Human Rights Law Society at Indiana University School of Law - Indianapolis will have more money to work with now than its $375 budget from the beginning of the school year, thanks to the organization's vice president. The IHRLS is the student group that has researched, written, and presented shadow reports to experts for the United Nations Human Rights Council. Funds for the organization bring international human rights experts to speak at the school, present movie nights that are...
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State trumps local red-light camera ordinances

January 1, 2008
IL Staff
Cities and towns that want to use red-light cameras to catch traffic violators can't adopt an ordinance to implement the cameras because current laws allow only the state to regulate moving traffic violations, Attorney General Steve Carter said.Carter issued an official opinion Friday regarding whether a municipality can adopt an ordinance to use red-light cameras to determine whether a driver has violated traffic laws. Carter issued the opinion in response to an inquiry from Sen. Earline Rogers, D-Gary. The city of...
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Indiana has voice in Second Amendment case

January 1, 2008
Michael Hoskins
For the first time in 70 years, the U.S. Supreme Court is testing the scope of the Second Amendment and could decide what "the right to keep and bear arms" means for the 21st century.Justices will consider the question Tuesday morning in District of Columbia v. Heller, 07-290, which involves a citizen's challenge to a Washington, D.C., law banning him from keeping a handgun in his home.At issue is to what extent the gun rights amendment to the Constitution applies to...
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Circuit examines ministerial exception

January 1, 2008
Michael Hoskins
Two former administrators of Salvation Army thrift stores in Indianapolis are appealing their lawsuit against the non-profit organization on grounds that they were wrongly denied overtime pay in violation of a federal labor law.But at issue in their federal case is whether they're classified as "employees" and whether a religious freedom exception barring courts from getting involved in church management can be applied to their employment law claims.The 7th Circuit Court of Appeals heard arguments Wednesday in Steve and Lorrie Schleicher...
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Justices affirm search warrant, convictions

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court yesterday affirmed a defendant's convictions of dealing in cocaine and possession of marijuana because the initial search warrant was supported by sufficient probable cause. One justice dissented, fearing the logic used by the majority to affirm the search warrant would invite more searches by the government that could violate both the U.S. and Indiana constitutions. In Willie Eaton v. State of Indiana, No. 89S04-0802-CR-106, Willie Eaton appealed his drug convictions, arguing the initial search warrant wasn't supported by...
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Court: media ban does not pass test

January 1, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a District Court grant of summary judgment in favor of the defendants, ruling there were genuine issues of fact as to why they denied death row inmates from giving face-to-face interviews with the media. In David Paul Hammer v. John D. Ashcroft, et al., No. 06-1750, Hammer sued Bureau of Prison officials, including then-Attorney General of the U.S., John Ashcroft, and former wardens of the federal prison in Terre Haute, Harley Lappin and Keith...
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SCOTUS defines money-laundering 'proceeds'

January 1, 2008
Michael Hoskins
The Supreme Court of the United States has defined money laundering and tossed out the convictions of an East Chicago man in a split decision today.The high court ruled on U.S. v. Efrain Santos, et al., No. 06-1005, which involved a money-laundering ring in East Chicago. This was one of two money-laundering cases decided by the court today; the other came in Cuellar v. U.S., No. 06-1456, which held that mere concealment of money during a transport is not enough to support...
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President signs new federal IP law: Legislation considers piracy issues, creates 'copyright czar'

January 1, 2008
Michael Hoskins
The United States is stepping up to better protect intellectual property. If there was any doubt before, it's official now with a new law signed by President George W. Bush Oct. 13. Known as the Prioritizing Resources and Organization for Intellectual Property Act of 2008, or PRO IP for short, the law is designed to strengthen existing copyright laws, create civil forfeiture clauses so equipment believed to be used in an IP crime can be seized, and establish a cabinet-level position...
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COA: State can't claim adverse possession

January 1, 2008
Jennifer Nelson
The state can't obtain title to a disputed tract of land through adverse possession because the state can't satisfy the tax requirements in Indiana statute regarding adverse possession, the Indiana Court of Appeals ruled today in a case of first impression.In State of Indiana v. Jeanette Serowiecki, No. 56A04-0710-CV-576, the state appealed the trial court's grant of summary judgment in favor of Jeanette Serowiecki on the state's complaint to quiet title to an 18.6-acre tract of land in Newton County. Serowiecki is trustee...
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Conference to address poverty, globalization

January 1, 2008
IL Staff
How the law and legal associations can lessen the impacts of poverty both at home and abroad will be the focus of a Law, Poverty and Economic Inequality Conference April 3 and 4 at Valparaiso University School of Law.Visiting professor Penelope Andrews organized the conference in response to the various ways globalization has affected poverty through job loss, diminishing labor rights, lower earnings, and an increase in private companies taking over the former responsibilities of governments. The event will consist of...
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U.S. allowed to join Indy case arguments

January 1, 2008
Michael Hoskins
The U.S. Supreme Court will allow the federal government to have a voice in arguments of an Indiana case later this month, testing the competency standards for pro se litigants in criminal cases.On March 14, justices of the nation's highest court granted a motion from the U.S. Solicitor General to participate in arguments as amicus curiae in Indiana v. Ahmad Edwards, 07-208, set for 10 a.m. March 26.At issue is what the Sixth Amendment dictates when determining whether someone found competent...
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Court: 'mistakes' in judge's sentence

January 1, 2008
Jennifer Nelson
The 7th Circuit Court of Appeals vacated the sentence of man convicted of defrauding Medicaid because the District Court judge's sentencing transcript was "laced with apparent mistakes and misunderstandings." In United States of America v. William J. Higdon, No. 07-3951, William Higdon appealed his 60-month sentence imposed by U.S. District Judge Richard Young of the Southern District, Evansville Division. Higdon pleaded guilty to defrauding the Indiana Medicaid program, and the judge and parties agreed the sentencing guideline was 18 to 24 months....
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Moving forward on merit selection: Judiciary, bar association support statewide change

January 1, 2008
Michael Hoskins
An effort that began more than 50 years ago is being resurrected and could eventually reshape how judges are selected throughout Indiana. Stars are aligning for a multi-faceted thrust toward merit selection and retention for all trial judges statewide, an endeavor that's been brewing behind the scenes for years but is now gaining more steam from the state's judiciary and largest bar associations. While no guarantee exists that lawmakers would even consider such a change, key players supporting the concept in...
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Grant available for Family Court Project

January 1, 2008
Jennifer Nelson
A one-year grant of up to $40,000 is available to launch a Family Court Project. The grant is an opportunity for county governments to get funding for a project that provides judicial coordination of multiple cases involving the same family. Last year, only two new projects received funding for the 2008 year, so the Indiana Supreme Court had an extra $40,000 to include in the 2009 budget, said Loretta Olesky, Family Court manager. Typically, the grants run on two-year cycles; however,...
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Judge crosses out cell tower dispute

January 1, 2008
Michael Hoskins
A federal suit is going back to Jeffersonville to decide whether a wireless carrier can put up a cell tower disguised as a Baptist church cross.U.S. District Judge Sarah Evans Barker Thursday remanded the case Sprint Spectrum v. City of Jeffersonville Board of Zoning Appeals, No. 4:05-cv-00154-SEB-WGH, issuing a final judgment and denying cross-motions for summary judgment from both parties. The nearly three-year-old suit was filed in the Southern District of Indiana New Albany Division.Sprint wanted to build a "stealth facility"...
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Courts can review public school financing

January 1, 2008
Michael Hoskins
Hoosier courts have the authority to review the state's school financing formula to determine whether Indiana is meeting a constitutional requirement to provide a quality public education for all students, the Indiana Court of Appeals ruled May 2.A 2-1 ruling from the COA revives the public education financing case of Joseph Bonner, et al. v. Mitch Daniels, et al., No. 49A02-0702-CV-188, which presents an issue of first impression. Nine public school students and their families from eight different school systems throughout the...
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7th Circuit upholds convictionRestricted Content

December 26, 2007
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a defendant's conviction and sentence for selling a firearm to a felon, ruling the wording of his indictment did not require the government to prove he knew about the gun buyer's past convictions
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ACLU: Full court should rehear prayer case

November 15, 2007
Michael Hoskins
The American Civil Liberties Union of Indiana wants the full 7th Circuit Court of Appeals to reconsider a case involving legislative prayer.
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7th Circuit rules on garnished 'Sidewalk Six' moneyRestricted Content

September 5, 2007
Michael Hoskins
One of East Chicago's so-called "Sidewalk Six" convicts is the subject of a 7th Circuit Court of Appeals ruling today, though the case more accurately centers on the $25 million in restitution he was ordered to repay and whether those garnishments should be considered marital assets during his subsequent divorce proceedings.
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3 names for the governor

May 11, 2007
Michael Hoskins
It's now up to Gov. Mitch Daniels to decide who will be the next Indiana Court of Appeals judge.
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AG argues automated dialing statute in 7th Circuit

April 3, 2007
Michael HoskinsMore

Marion judges choose court administrator

January 1, 2007
Michael Hoskins
An Indianapolis law firm partner who has led three state agencies is the new administrator for Marion County courts. On Monday, the four-judge executive committee chose Glenn R. Lawrence to fill the position, which has been vacant since the former administrator Ron Miller resigned in late March. Since then, Senior Judge Richard Good has been filling in as interim administrator.The committee offered Lawrence the $93,500-salary job Monday afternoon, according to presiding Superior Judge Gerald Zore. Judges had received about 20 applications...
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Former lawmaker, public defender champion dies

January 1, 2007
Michael Hoskins
A former state senator who'd served the legal community as a public defender and lobbyist for the Indiana Trial Lawyers Association has died.Robert Hellmann, D-Terre Haute, died late last week at his home after a yearlong battle with cancer. He was 60.Once minority leader in the Indiana Senate, Hellman had been a part of state government since the early 1980s. He was a member of the House of Representatives for four years before being elected to the Senate in 1986, where...
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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

  3. The story that you have shared is quite interesting and also the information is very helpful. Thanks for sharing the article. For more info: http://www.treasurecoastbailbonds.com/

  4. 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...

  5. 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

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