Opinion

Federal Bar Update: Southern District amends civil and criminal rules

January 19, 2011
John Maley
Effective Jan. 1, the Southern District of Indiana amended three local rules affecting civil practice, plus Local Criminal Rule 13.1 affecting criminal practice and sentencing (see the court’s website for the text of all rule changes).
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Letters to a New Lawyer: Laying the groundwork for private practice

January 19, 2011
Attorney Donald Doxsee offers advice on opening a private practice.
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Sidebars: Find a little Mardi Gras any time at The Bar

December 22, 2010
Jennifer Lukemeyer, Fred Vaiana
We give The Bar 3 gavels!
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Federal Bar Update: Dec. 1 rule changes now in effect

December 22, 2010
John Maley
As previewed in prior columns, effective Dec. 1 various amendments took effect to the Federal Rules of Civil Procedure (as well as appellate, criminal, and evidence rules).
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Editorial: Election Day 2010 provides cause for concern

December 8, 2010
Editorial Indiana Lawyer
Here's to hoping reason and sanity will prevail, but we're not holding our breath.
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Indiana Judges Association: Protect 'We (All) the People'Restricted Content

December 8, 2010
David Dreyer
Judge David Dreyer writes about judges doing their jobs on controversial topics.
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In-box: Marion County slating system works well

December 8, 2010
A reader writes a letter in support of Marion County's hybrid method of selecting trial judges.
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Techology Untangled: The Android alternative to the iPhone

December 8, 2010
Stephen Bour
Today’s review will discuss the latest Droid phones by Motorola and their Android software.
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Viewpoint: I hope you read this

November 24, 2010
An anonymous young lawyer in Indianapolis discusses her anxiety issues and the Judges and Lawyers Assistance Program.
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DTCI: Medical Negligence vs. Premises Liability

November 24, 2010
From DTCI
When a patient is harmed during a medical procedure, a patient may elect to file a medical negligence claim against his physician and the health care facility in which the procedure occurred. However, when a patient is harmed during a hospitalization, should the claim still be pursued as one of medical negligence or is it more appropriately a premises liability claim?
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Sidebars: Gamba Ristorante consistently top notch

November 24, 2010
Jennifer Lukemeyer, Fred Vaiana
Attorneys give Merrillville's Gamba Ristorante four gavels.
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Editorial: Human trafficking is local issue

November 10, 2010
Editorial Indiana Lawyer
It’s a silent and devastating problem going on right under our noses, and it’s going to take courage and a willingness to ask invasive and uncomfortable questions to stop it.
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Editorial: Ted Boehm not headed toward retirement

October 27, 2010
Editorial Indiana Lawyer
This was one retirement ceremony we were not looking forward to attending, fearing that the gentleman stepping away from the bench would slip away from public life and live quietly with his family, indulging his interests outside the law, while working as a mediator at Van Winkle Baten Rimstidt and senior judging for the Indiana Court of Appeals.
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Sidebars: Landmark serves up more than history

October 27, 2010
Jennifer Lukemeyer, Fred Vaiana
Lukemeyer and Vaiana visit Zaharakos in Columbus, Ind.
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DTCI: Take time to smell flowers along the way

October 27, 2010
Jeffrey Crabill
When the name Rabb Emison comes to my mind, I immediately think of the word “great.”
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Letters to a new lawyer: Some general advice

October 27, 2010
Donald D. Doxsee gives advice in the first letter in an occasional series.
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Technology Untangled: Overcome odd twists to solve tech issues

October 13, 2010
Stephen Bour
Let’s review some technical problems and solutions that have come across my desk in the past few months. It seems like even the apparently straightforward issues often take an odd twist
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Quality of Life: Making significant life changes with purposeRestricted Content

September 29, 2010
Jonna Kane MacDougall
If you have ever considered making a major life change, you know that it isn’t easy.
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Editorial: New justice brings much to appreciate

September 29, 2010
Editorial Indiana Lawyer
The state still needs to address the elephant in the room.
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Federal Bar Update: Client representative at settlement conferences

September 29, 2010
John Maley
In the Southern District of Indiana, settlement conferences are routinely held in most civil cases before the assigned magistrate judge.
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DTCI: Existing duty is prerequisite of negligence

September 29, 2010
From DTCI
To prevail on a claim of negligence, a plaintiff must show that a duty exists, that the duty was breached, and that damages resulted from that breach. It goes without saying that there can be no negligence or liability where there is no duty.
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Editorial: Maybe there's a reason she doesn't just leave

September 15, 2010
Editorial Indiana Lawyer
Why doesn’t she just leave?
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In-box: IBA's move is a step in the right direction

September 15, 2010
Read a letter to the editor from the Indianapolis Bar Association president about the recently formed PAC for judicial campaign contributions.
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Opinions Sept. 1, 2010

September 1, 2010
Indiana Supreme Court

Suzanne Eads and James Atterhold, Commissioner of the Indiana Department of Insurance v. Community Hospital
No. 45S03-1001-CV-33
Civil. Rules general negligence claims filed with the Indiana Department of Insurance can continue an action already filed in state court relating to medical malpractice issues.
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Editorial: Preservation of judicial impartiality a win

September 1, 2010
Editorial Indiana Lawyer
Here at the newspaper, we don’t like to see anything put the brakes on the sharing of opinions.
More
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  1. Am I the only one who sees that the City is essentially giving away the MSA site AND giving millions to build new buildings on the site when this site would be the perfect place for the Justice Complex? Across from City-County, check; keeping it centrally located, check, etc. It's my understanding that the GM site must be purchased by the City from Motors Liquidation Company. STOP WASTING WHAT WE ALREADY HAVE AND OUR TAX DOLLARS! The Ballard Administration has not been known for it's common sense...never voted for him and never will!

  2. This guy sounds like the classic molester/manipulator.

  3. Louis D. Brandeis was born in 1856. At 9 years of age it would have been 1865. The Brandeis family did not own slaves. My source Louis D. Brandeis: A Life, by Melvin L. Urofsky.

  4. My name is Matthew Lucas Major, I recently went through a jury trial in Bloomington , In. It was the week of Feb 19-21. Although I have been incarcerated since August 5, 2014. The reason I 'am writing to you sir is on the 21 of February the jury came in with a very excessive and wrongful verdict of guilty on 6 child molesting charges against my daughter who was 9 at the time I was accused. I also had 2 other Felonies one of Intimidation and 1 of Sexual Vicarious Gratification. Judge Marc Kellam on the second day of trial gave me a not guilty on those 2 felonies. The jury was sent out during that time and when brought back Judge Kellam told them to not concern themselves with the 2 Felonies that he ruled on them. They were told to not let evidence they had already heard influence there verdicts. I never in my life touched any child sexually and definitely not with my own daughter. When I was arrested Detective Shawn Karr told me I would be convicted guilty just on my daughters word even without evidence. That's just what happened. my public defender did me so wrong he never once proved to the court and jury all the lies the child told, and Jeremy Noel my public defender could of proven the lies easily. The stories in Serenity's depositions and Forensic interview changed and were not consistent as Prosecutor Darcie Fawcett claimed they were. Yet my attorney never mentioned that. The facts that the child accused me of full penetration in her vagina and rectum was proven lies. Doctor Roberta Hibbard of Riley hospital in Indianapolis confirmed Serenity's hymen intact, no scars, no tearing, no signs of rape to her. Yet my attorney didn't use that knowledge . the DNA was all in my favor. I tell you I will spend my entire life in prison going through rape and beatings etc. even Judge Kellam abused his authority by telling the jurors to listen and believe what the prosecutors side in evidence like my daughters testimony. In one interview with the detectives my daughter got flustered with her mom and said on camera " I'm saying what you told me to mom"!! Yet Mr. Noel said nor did anything to even resemble a defense attorney. Judge Kellam allowed edited version of a taped conversation between the child and her mother. Also Judge Kellam allowed the Prosecutor too bring in to my case a knife found under my seat, the knife wasn't part of my case. She was allowed by my attorney and the judge to put a huge picture of it on the screen and huge picture of my naked privates in a full courtroom and open court. Ms. Fawcett says to jury see how easy Mr. Major could reach the knife and cut his Childs throat. Even though I had no weapons charge against these cases. This gave the jurors prejudice thought against me thinking I threatened her with that knife and how scared she would of been knowing i could get it and kill her. On my sentencing court March 19, 2014 my public defender told Judge Kellam he wish to resign from being my attorney and wished for the court to give me outside council to file a error to trial or appeal. We were denied. Now after openly knowing my public defender don't want to represent me he has to. Well when as parents we make our kids clean a room when they really don't wish to, well the child will but don't mean she will do a good job, that's where I'm at with Mr. Noel. please dont ignore mine and my families pleas for your help . we have all the legal proof you could need to prove Im innocent. Please dont make my spend years in prison innocent when you can fix this wrong. Im not saying Im a perfect man or that I was a perfect dad to my 2 children none of us are. Ive made some bad choices in life and I paid for them. But I didnt ever touch or rape my daughter . I love my children with all my heart. And now through needing attention and a ex-wife who told my granny several times she wish she could put me in prison to get me out of their lives. Well my ex finally accomplished her goal. Sad part is she is destroying our daughter with all this horrific lies and things she taught my daughter to say. My daughter will need therapist to ever hope for a chance of a normal life after what she had done to her by her mom and their side of the family. My daughter told everyone even on stand she had a dream months before i supposedly molested her in this dream I was molesting her and when I finally did it matched her dream perfectly. She admitted to watching movies about little girls being molested and watching U-Tube videos about child molesting all before it happened supposedly to her. Doesn't that sound very unusual that a non molested 9 yr old would need to know so much about being molested? The only reason I could think a 9 year old would need so much information is to be prepared to know what to say and be able to say how it felt what took place etc.. So when questioned by authorities she would be prepared. And there again sir if a parent is pre grooming a 9 year old child she would need intimate details . Like telling her daughter about a couple moles on my private area. The child admitted to sneaking my cell and looking many many times at nudes of me and my girlfriend even one where my penis was entering my girlfriends vagina. In that picture my moles are obvious. Yet when prosecutor showed everyone in court my privates and pictures of the moles she said the only way the child would know about them is if she saw them for herself. My attorney once again said nothing about the pictures my child saw. Or could a ex-wife be able to describe my moles to help her case against getting rid of me? I beg you help me. This is my very existence. Ive lost everything , a good job, a wonderful girlfriend, my freedom, but worse thing Ive lost is my children. They were my reason to get up every morning and strive to be better. The wonderful bond I had with my Serenity is gone. After this I would be afraid to even hug her for fear of what next can they do to me. I'm not afraid to tell you I sit here in this cell and try to hold back my tears. Everyone knows you cant show weakness in prison. My life has already been threatened here at Wabash Valley Prison. After only 3 days of arrival. I was tricked into signing a waiver now Im in G Block General Population with 6 child molesting felony charges. Mrs. Hart as a 18 year old I almost died hooked to machines in hospital almost 1 month and now I know that fear was childish compared to this . I cant help but put emotions in this, after all Mrs. Hart Im human and God help Me I never been more afraid in my life. I didnt hurt my little girl I didnt touch her sexually. As much as it shreds me and fills my mind what Im facing I worry more about my mom and granny because of their great love for me mam they are suffering so deeply. I aint done this things but my loved ones suffering right along beside me and If you take my case you will be in essence freeing them also. I sent momma this letter and asked her to email it to you. I'm scared I have been done so unjustly by our legal system and I need you to fix this and give me freedom. I ask you please don't just ignore my pleas. Here in America its nice to be able to trust our legal justice system, well they destroyed my and my loved ones trust in our justice system . And I'm trusting in You !!! My entire family is suffering this nightmare with me. My 77 year old granny had a stroke and isn't doing so well. My single mother that raised 3 kids alone is dying from Lupus and since my arrest has stayed so sick and weary. Our lives torn to peices by a government I was taught I could trust in. my momma has tried so many innocent project and wrongfully accused and cant get anywhere. please please help me. A quote from the late Nelson Mandela: To be free is not merely to cast off ones chains, But to live in a way that respects and enhances The Freedom Of Others. I have Faith in you and your clinic to cast my chains off and give me freedom I do deserve as a wrongfully accused Man, son, brother, father, friend. Matthew Major DOC# 246179 Cause # : 53c02-1308-FA-000779 God Bless you. Please contact me with your decision so I know you made a life changing decision for me , just please at least write me so I know you care enough about your citizens to respond to cries for your help. You can speak openly with my mother Charlotte Spain (828) 476-0406: 71 Lakeview Dr. Canton, NC 28716 Thank You Matthew Major I know yall get thousands of request and inmates claiming innocence, and each person who are innocent deserve to have organizations like yours willing to fight for them and I give yall so much Thanks and I thank God everyday yall are out there caring enough to help free the innocents. Since discovering firsthand how easily lives and families can be destroyed by Poor Defense attorneys not doing their job . And Prosecutors allowed to do as they please in court

  5. 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.

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