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COA affirms resisting police conviction

May 13, 2010
Jennifer Nelson
The Indiana Court of Appeals was hesitant to rely on an Indiana Supreme Court case’s definition of “forcibly resist” because that language doesn’t appear to adequately describe the meaning of the phrase as it has been recently applied.
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Lawyer competition donates 50 tons of food

May 13, 2010
IL Staff
Attorneys from around the state raised more than 50 tons of food through the Attorney General’s annual March Against Hunger competition.
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7th Circuit overrules itself in satellite TV case

May 13, 2010
Michael Hoskins
The 7th Circuit Court of Appeals overruled one of its own decisions from 20 years ago, finding that judges have discretion in whether penalties are imposed on those who steal encrypted television satellite signals or help others take them without paying for the service
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FBI seeks records on prosecutor's deals

May 13, 2010
Cory Schouten
The FBI is collecting records on an Elkhart real estate deal and an Indianapolis drug case, both involving Marion County Prosecutor Carl Brizzi and defense attorney Paul Page.
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Mom may be liable for daughter's accident

May 12, 2010
Jennifer Nelson
The Indiana Court of Appeals judges agreed that a mother may possibly be liable for her daughter’s accident in which she struck a pedestrian with her car after drinking and talking on her cell phone at the time of the accident. The judges didn’t completely agree as to why the mother may be liable.
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Banking attorney confirmed as federal judge

May 12, 2010
Michael Hoskins
The Hoosier legal community has its newest federal judge in the Northern District of Indiana, and now two others up for judgeships in the state’s Southern District await their votes before the full U.S. Senate
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Bar associations statewide mark Law Day

May 12, 2010
Rebecca Berfanger
In April and early May, bar associations around the state and the Indiana Supreme Court celebrated Law Day, which is officially May 1, according to the American Bar Association.
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Fees updated for appellate courts

May 12, 2010
IL Staff
The Indiana Supreme Court published an order April 26 on the fees the state's appellate courts clerk can charge for miscellaneous services.
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DOC to use DNA to fight contraband

May 12, 2010
IL Staff
The Indiana Department of Correction will use technology to analyze DNA samples from prison contraband, thanks to a pilot project believed to be the first of its kind in the U.S.
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We the People team 8th in nation

May 12, 2010
Rebecca Berfanger
High school students who represented Indiana at the 23rd annual We the People congressional hearing competition placed eighth among the teams competing on the national level in Washington, D.C., April 22-27.
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BREAKING: Senate confirms Jon DeGuilio for judge

May 11, 2010
Michael Hoskins
The U.S. Senate today confirmed the nomination of Jon E. DeGuilio for a judgeship on the U.S. District Court, Northern District of Indiana, according to Sen. Evan Bayh's office in Washington, D.C.
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Disciplinary attorneys: Judge experience a bonus

May 11, 2010
Michael Hoskins
Having a trial court judge as the executive leader of the Indiana Supreme Court Disciplinary Commission is a new approach for the state, but those intimately involved with attorney disciplinary matters say it could prove to be a positive change.
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Clinic raises $40,000 at annual event

May 11, 2010
IL Staff
The Neighborhood Christian Legal Clinic in Indianapolis raised more than $40,000 at its annual “Justice for all” event.
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No opinions for 3rd day in a row

May 11, 2010
The Indiana Court of Appeals has not had any published or unpublished opinions posted online since May 6.
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Judge returns to bench following suspension

May 11, 2010
Jennifer Nelson
The LaPorte Superior judge suspended for asking a law enforcement officer to destroy potential evidence in her accidental shooting returned to the bench today.
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Event focuses on corporate voting influence

May 11, 2010
IL Staff
The Indianapolis Lawyer Chapter of the American Constitution Society will host a discussion May 12 about the recent Supreme Court of the United States decision Citizens United.
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Attorney reprimanded for response to harassing calls

May 11, 2010
Michael Hoskins
The Indiana Supreme Court has publicly reprimanded an Indianapolis attorney who responded to harassing phone calls and pre-recorded messages to her unlisted phone number by asking a company representative if he was “gay” or “sweet.”
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BREAKING: Supreme Court taps judge as disciplinary chief

May 10, 2010
Michael Hoskins
The Indiana Supreme Court has chosen former Dearborn Superior Judge G. Michael Witte as the newest executive secretary of the Disciplinary Commission.
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Circuit court upholds Section 8 precedent

May 10, 2010
Jennifer Nelson
The 7th Circuit Court of Appeals declined today to overturn precedent on the due process rights of someone rejected from specific Section 8 housing.
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Court names special judge for Marion County case

May 10, 2010
Michael Hoskins
A Shelby Superior judge will preside over a forgery investigation case involving Marion County GOP Chairman Tom John, after the presiding judge in the state’s largest county recused himself from the matter.
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Indiana's chief justice receives award for diversity efforts

May 7, 2010
Michael Hoskins
The National Black Law Students Association has honored Indiana Chief Justice Randall T. Shepard for his trailblazing work in diversifying the legal community, largely with the creation of the Indiana Conference for Legal Education Opportunity
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Justices rule on legal malpractice procedural issue

May 7, 2010
Michael Hoskins
An Indiana Supreme Court decision allows an Indianapolis attorney and a local law firm to raise a statute of limitations on legal malpractice claims against them.
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7th Circuit affirms judgment in mining case

May 6, 2010
Jennifer Nelson
In a case involving a “richly ambiguous” 1903 deed and a mining company’s claims to “all the coals,” the 7th Circuit Court of Appeals affirmed a District Court’s judgment for defendant landowners.
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Sex offender may file to take name off registry

May 6, 2010
Jennifer Nelson
The Indiana Court of Appeals determined a convicted sex offender may petition to remove his name from the registry, but he filed his petition in the wrong court.
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Officer's work with victims recognized

May 6, 2010
IL Staff
U.S. Attorney Timothy M. Morrison in the Southern District of Indiana gave Cumberland Police Officer Jimmy Laws the 2010 United States Attorney's Carol S. Morris Award for Outstanding Contributions to the Rights of Victims on May 5.
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  1. 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

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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