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Gingerich trial stirs juvenile advocates

October 24, 2012
Dave Stafford
Sentenced at 12 for conspiracy to commit murder, Paul Henry Gingerich's appeal claims due process violations.
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SCOTUS decision on seed use may affect farming practices

October 24, 2012
Marilyn Odendahl
The doctrine of patent exhaustion is at the center of a Knox County dispute involving Monsanto Technology over the use of seeds.
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Lawyers capture beauty of courthouses in their art

October 24, 2012
Marilyn Odendahl
Indiana attorneys use photographs, paint to preserve art and history of courthouses.
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Vinovich takes the helm of Indiana State Bar Association

October 24, 2012
Marilyn Odendahl
The incoming president will launch 3-year initiative to focus on member benefits, diversity and governance.
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Lawyers say Conour skipped workers' comp lien payments

October 24, 2012
Dave Stafford
As damages claimed against the former attorney rise, William Conour is still without counsel as his federal trial is delayed.
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ISBA-led art project to honor former chief justice

October 24, 2012
IL Staff
The Indiana State Bar Association Leadership Development Academy is calling upon artisans to design a work of public art that will both honor a leader in the Indiana judiciary and invite children to play.
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Lucas: More information is needed when judging the judges

October 24, 2012
Kelly Lucas
Up the street and around the corner from my Broad Ripple house, a yard sign caught my eye that didn’t involve the usual Democrat versus Republican political rhetoric. This simple, hand-painted sign called for the ouster of Supreme Court Justice Steven David.
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Start Page: why the fax won't die

October 24, 2012
Kim Brand
The modern fax machine was introduced in 1964 by Xerox. Fast forward to today. Unless you use a typewriter, there are no other machines in your office that have remained essentially unchanged in form and function for almost 50 years. Fax is ubiquitous, reliable, simple and cheap. Why would you want to mess that up?
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Small law firm sees faith in class-action suit pay off

October 24, 2012
Greg Andrews
A federal judge appears likely to approve the largest class-action settlement ever to come out of a local court, and DeLaney & DeLaney, a small Indianapolis law firm that helped press the case, is poised to profit handsomely.
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Lady Justice gets 'green' makeover

October 10, 2012
Marilyn Odendahl
The greening – literally – of the rooftop of the Indianapolis federal courthouse is part of a $66.8 million upgrade of the building with funds coming from the American Recovery and Reinvestment Act. Work on the roof along with additional upgrades to increase the energy efficiency of the facility as well as to improve the public safety system began in December 2009 and was substantially complete on Aug. 27, 2012, according to the U.S. General Services Administration.
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Too little diversity among attorneys

October 10, 2012
Marilyn Odendahl
St. Joseph County Bar Association Diversity Committee recently organized a Diversity and Inclusion Summit to shed light on the low number of minorities in the law and bounce around ideas about attracting more minorities, women, and gays and lesbians to the practice of law.
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Indiana Department of Child Services urged to set course for new direction

October 10, 2012
Marilyn Odendahl
With a new governor taking over Indiana’s executive branch in January, what changes, if any, will come to the Department of Child Services are unknown. However, some contend that should not stop the agency from addressing criticism and implementing new policies or programs now.
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After 5 years, state court data system Odyssey isn't halfway home

October 10, 2012
Dave Stafford
In the Greek epic “The Odyssey,” Homer’s hero Odysseus takes 10 years to return home after the Trojan War. Indiana’s Odyssey might take longer to reach its goal. Odyssey, the state-backed court case management system that aims to connect and modernize more than 400 trial courts, is continuing its laborious progress, locality by locality.
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Death penalty foe Foster pumps up federal defenders

October 10, 2012
Dave Stafford
Taking charge at Indiana Federal Community Defenders Inc. in the Southern District, Monica Foster's seeking, and getting, bigger caseloads.
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From iPhones to networks, law firm spending on systems ticks up

October 10, 2012
Dave Stafford
If your firm hasn’t bought you a new smartphone, provided better remote access options, or replaced an aging monitor lately, you might nudge the purchasing department.
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Attorneys discover predictive coding

October 10, 2012
Marilyn Odendahl
In the world of searching for relevant documents in the recesses of email inboxes and hard drives, a new high-tech tool has appeared that, despite causing trepidation among some attorneys, will likely become commonly used during the discovery process to tame the growing volumes of data.
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Nordstrom: Book offers little insight for experienced trial attorneys

October 10, 2012
Rodney Nordstrom
Rodney Nordstrom reviews "Winning the Jury's Attention: Presenting Evidence from Voir Dire to Closing."
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Dean's Desk: Pro bono projects broaden opportunities, instill values

October 10, 2012
Hannah Buxbaum
Preparing students for the rigors and complexity of today’s legal profession requires schools to focus not only on doctrinal analysis, but also on the complete set of professional competencies that successful lawyers require. Toward that end, the faculty at the I.U. Maurer School of Law has adopted a series of initiatives aimed at expanding the range of experiential learning opportunities available to our students.
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Lucas: Nominations for 2013 Leadership in Law awards being accepted

October 10, 2012
Kelly Lucas
I encourage you to nominate an up-and-coming lawyer or distinguished barrister who you admire. Time is limited, and I realize that when it comes to discretionary projects like completing a nomination form, while our intentions are good, our follow-through can fall short. But there is something about the feeling derived from taking the time – or making the time – to do something like this that is so satisfying.
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Technology Untangled: Send and receive large files with ease

October 10, 2012
Stephen Bour
Using attachments in email is a common and simple method for sending files. There is, however, a problem when those attachments get too large. That is because there are file size limits on most email services for both sending and receiving attachments.
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Loretta Rush is Indiana's next justice

September 26, 2012
Dave Stafford
Colleagues say the Supreme Court appointee brings life balance, temperament and skill to the job.
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Zoeller, senators at odds over immigration law

September 26, 2012
Dave Stafford
Indiana lawmakers seek to intervene with aid of Kansas official Kris Kobach.
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ILS Medical Legal Partnership gives Midtown clients access to legal services

September 26, 2012
Marilyn Odendahl
Indiana Legal Services' clinic helps clients at Midtown Community Mental Health Center navigate through legal entanglements that can ensnare them.
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Victim funds create legal, public policy issues

September 26, 2012
Dave Stafford
Kenneth Feinberg, an authority on victim compensation funds, says circumstances warranting these types of programs are "rare."
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Remedy is not easy in securities fraud cases

September 26, 2012
Marilyn Odendahl
Plaintiffs must meet a high standard after filing complaint to get to the discovery stage.
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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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