Lake County

Lake County murder conviction affirmed

April 4, 2013
Jennifer Nelson
A Lake Superior trial court did not abuse its discretion in refusing to give an accused murderer’s proposed jury instruction regarding the presumption of innocence, the Indiana Court of Appeals held.
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Disciplinary commission seeks suspension of former clerk’s law license

April 3, 2013
IL Staff
More than a month after former Lake County clerk Thomas R. Philpot was sentenced to serve 18 months for theft and mail fraud convictions, the Indiana Supreme Court Disciplinary Commission has requested his law license be suspended by the Supreme Court.
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Sullivan to mediate Lake Superior judge dispute

April 1, 2013
Dave Stafford
Former Justice Frank Sullivan will mediate a dispute over a Lake Superior Court judgeship vacancy, the Indiana Supreme Court ordered Monday.
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Judges reduce sentence due to ineffective trial counsel

March 27, 2013
Jennifer Nelson
The Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed to inform Scott of the correct maximum sentence he could face.
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Lake County judge pro tem appointed to fill Bonaventura vacancy

March 25, 2013
Dave Stafford
Senior Judge Thomas W. Webber Sr. was appointed a judge pro tem late Friday as the Indiana Supreme Court intervened further in a controversy over who will be the next judge of the Lake Superior Court Juvenile Division.
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Supreme Court blocks Lake Superior judge’s transfer bid

March 21, 2013
Dave Stafford
The Indiana Supreme Court on Thursday afternoon issued an emergency order preventing a Lake County judge from taking over the vacancy created when a fellow judge was tapped to lead the Department of Child Services.
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Cedar Lake allowed to dissolve Parks Department, board

March 21, 2013
Jennifer Nelson
A Lake Superior judge erred when she used Dillon’s Rule to determine the scope of the town of Cedar Lake’s legal authority to dissolve its park board and Parks Department, the Indiana Court of Appeals ruled Thursday. The proper legal inquiry is based on the state’s Home Rule Act.
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COA affirms Pennsylvania proper forum for complaint

March 18, 2013
Jennifer Nelson
The Indiana Court of Appeals ruled Monday that a producer of limestone and other products must file its complaint for indemnification in Pennsylvania based on its contract with a trucking company, and not Lake County, Ind.
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Lake County man warned against disparaging bench

March 8, 2013
Dave Stafford
A Lake County man with a history of filing unsupported allegations and derogatory comments in pleadings was rebuffed on his latest appearance before the Indiana Court of Appeals, which warned him against disparaging the bench.
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COA: Court properly denied instruction on innocence

March 5, 2013
Jennifer Nelson
A Lake Superior Court did not abuse its discretion in denying a jury instruction on the presumption of innocence submitted by a man on trial for murder and neglect of a dependent, the Indiana Court of Appeals ruled Tuesday.
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Former Lake County clerk Philpot sentenced

February 25, 2013
IL Staff
A former Lake County clerk convicted of felony theft and mail fraud in the U.S. District Court, Northern District of Indiana will serve an 18-month sentence and pay a fine of $10,000.
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Governor appoints Bonaventura as DCS head

January 31, 2013
IL Staff
Gov. Mike Pence named Lake Superior Juvenile Senior Judge Mary Beth Bonaventura as director of the Department of Child Services Wednesday.
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Lake County leadership makes strides

January 30, 2013
Dave Stafford
Michael Jasaitis gives his family effusive praise for instilling the values that propelled him to the presidency of the Lake County Bar Association. But competitive collegiate Nintendo also might have helped.
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Lake Superior judge to be honored for service at MLK event

January 16, 2013
Jennifer Nelson
Gov. Mike Pence will recognize four people for their service and commitment to the community, including Lake Superior Judge Calvin D. Hawkins, at an event honoring the life and works of Martin Luther King Jr. Thursday at 12:30 p.m. at the Indiana Statehouse.
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Builder allowed to foreclose on lien

December 12, 2012
Jennifer Nelson
The Indiana Court of Appeals found a Lake Superior judge erred in denying a construction company’s request to foreclose on a mechanic’s lien after the client withheld a final payment, claiming faulty work.
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Lake County judge: RTW suit may proceed

October 19, 2012
IL Staff
A challenge to Indiana’s right-to-work law will proceed after a Lake County judge this week rejected the state’s request to dismiss a lawsuit filed by United Steelworkers.
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Judges reaffirm 2 Weinberger patients’ psychological evaluations

October 12, 2012
Jennifer Nelson
In reaffirming a Lake Superior Court decision that granted former doctor Mark Weinberger’s motion that two men suing him undergo psychological examinations, the Indiana Court of Appeals clarified that there is no requirement that a trial court must compel an involuntary psychiatric evaluation when faced with similar facts and circumstances as in the instant cases.
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Appeals court upholds judgment for mortgage company

September 11, 2012
Dave Stafford
A Lake County trial court’s grant of summary judgment for the lender in a foreclosure case was affirmed Tuesday by the Indiana Court of Appeals.
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Appeals court sends dissolution lawsuit back to trial court

August 14, 2012
Dave Stafford
The dissolution of a family-owned limited partnership was remanded to a Lake County court Tuesday after the Indiana Court of Appeals ruled that the trial court erred in allowing some of the partners to pursue a derivative action.
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Doctor owed no duty to release prenatal records to adoptive parents

August 13, 2012
Dave Stafford
A New York couple who adopted a child born in Lake County lost their appeal of an unsuccessful negligence claim against a doctor who did not provide requested prenatal records that would have revealed the child’s significant brain abnormalities before the adoption was finalized.
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Defendant not harmed by refusal to grant mistrial

July 25, 2012
Jennifer Nelson
The Indiana Supreme Court found no harm was done when an uncooperative defendant’s mouth was covered by a bailiff in order to quiet the man, so the trial court correctly denied the defendant’s motion for a mistrial.
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Indiana seeks to overturn EPA decision on air quality in Lake, Porter counties

July 19, 2012
IL Staff
Gov. Mitch Daniels and Indiana Attorney General Greg Zoeller said Wednesday they will appeal the U.S. Environmental Protection Agency’s decision to designate Lake and Porter counties as nonattainment regarding ozone.
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Lake County local rule requires e-filing of certain cases, fee increase implemented

July 11, 2012
Jennifer Nelson
Beginning July 16, all civil collection, civil tort, civil plenary and miscellaneous cases filed in the County Division Courts Room 2 or 3 in Lake County will have to be filed electronically using the county’s new e-filing system. The change is a result of an amendment to Local Rule 45-A.R.16-17.
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Disgraced 'Nose Doctor' keeping lawyers busy

June 20, 2012
Dave Stafford
Dr. Mark Weinberger's silence on 350 medical malpractice claims is providing unique experience for Indiana law firms.
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A 21st century expression of the law

May 23, 2012
Dave Stafford
The 'emoticon defense' raises brows, but it puts a focus on speech rights and school threats.
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  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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