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Suspended judge faces disciplinary charges

December 10, 2009
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has filed charges against the suspended LaPorte Superior judge who was shot in the head just before taking the bench this year.
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Tax Court sidesteps first-impression issue

December 10, 2009
Jennifer Nelson
Although the Indiana Tax Court had the opportunity to address an issue of first impression, it decided to save its analysis of the issue for another day because the case could be resolved on other grounds.
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Indiana Supreme Court upholds death penalty

December 10, 2009
Jennifer Nelson
The Indiana Supreme Court today upheld the death penalty for a man convicted of killing a woman and her two daughters. In doing so, the high court re-evaluated its stance on what it means when a jury fails to recommend a sentence.
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Attorney files suit against Indiana's JLAP

December 10, 2009
Michael Hoskins
A lawyer in good standing in Kansas is suing Indiana Judges and Lawyers Assistance Program officials, among others, claiming his civil and constitutional rights were violated during his application process to practice law in this state.
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Justices uphold probation revocation

December 9, 2009
Jennifer Nelson
The Indiana Supreme Court disagreed with the Indiana Court of Appeals that the appellate court could review a defendant's appeal - either because it qualified as a rare and exceptional case of great public interest or under Post-Conviction Rule 2. The Supreme Court deemed the man's failure to timely file an appeal to the revocation of his probation as fatal to his claim.
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Supreme Court reverses rape conviction

December 9, 2009
Jennifer Nelson
The Indiana Supreme Court overturned a man's rape conviction because evidence of his 10-year-old conviction of attempted rape of another woman shouldn't have been admitted at trial.
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Hearing officer appointed in prosecutor case

December 9, 2009
IL Staff
A hearing officer has been appointed in Delaware County Prosecutor Mark R. McKinney's discipline case. The Indiana Supreme Court made the appointment of Boone Circuit Judge Steve David in a Dec. 7 order.
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AG uses new law to freeze employee's assets

December 8, 2009
Jennifer Nelson
The Indiana Attorney General is using a new public-accountability law to freeze the assets of the Brownstown clerk-treasurer accused of overpaying herself more than $360,000 in taxpayer money.
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Writers lose appeal against newspaperRestricted Content

December 8, 2009
Jennifer Nelson
Two former editorial writers at Indiana's largest newspaper failed to prove they were the victims of religious discrimination, the 7th Circuit Court of Appeals ruled today.
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COA upholds dismissal of proposed class

December 8, 2009
Jennifer Nelson
Potential plaintiffs who want to join a class action suit seeking redress under the state's Wage Claims Statute must first submit a claim to the Indiana Department of Labor, the Indiana Court of Appeals upheld today.
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Suit filed against Marion County traffic court

December 8, 2009
Jennifer Nelson
A suit filed today claims the Marion County traffic court judge is violating residents' constitutional rights by imposing additional fines on those who unsuccessfully challenge their tickets and closing proceedings to the public.
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Indiana chief justice gets national award

December 8, 2009
Michael Hoskins
Indiana Chief Justice Randall T. Shepard is receiving a national award from the American Judicature Society for his "distinguished judicial service."<
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SCOTUS could clarify Miranda warning rights

December 7, 2009
Michael Hoskins
The nation's highest court is considering an appeal that has the potential to affect every arrest and criminal case in the country, including those in Indiana.
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FBI recognizes lawyer for leadership

December 7, 2009
Rebecca Berfanger
An attorney received an award from the FBI's Indianapolis Office for her support of the FBI's community outreach efforts and for furthering the agency's mission.
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Protective order sought in law examiners case

December 4, 2009
Michael Hoskins
The Indiana State Board of Law Examiners wants a U.S. District judge to issue a protective order stopping the ACLU of Indiana from obtaining what the agency describes as confidential information about bar applicants' answers to questions.
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Court's efforts recognized with 2 awards

December 4, 2009
Jennifer NelsonMore

Judge to discuss intelligent-design ruling

December 3, 2009
IL Staff
The U.S. District judge who made the landmark ruling that the teaching of intelligent design in public schools is unconstitutional will speak at Indiana University Friday.
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City stopped from enforcing adult-business law

December 3, 2009
Michael Hoskins
A federal judge has granted a preliminary injunction to an adult bookstore in Indianapolis, temporarily stopping the city from enforcing a 2002 ordinance that regulates adult businesses.
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COA adopts 'site-specific' approach

December 3, 2009
Jennifer Nelson
For the first time, the Indiana Court of Appeals adopted a site-specific approach to rule on an insurance case with multiple policies in several states. The appellate court had been following a uniform-contract-interpretation approach when ruling on choice of law questions in contract actions.
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Disciplinary Commission seeks agency head

December 2, 2009
Michael Hoskins
Indiana needs a new face for lawyer discipline, and applications are being accepted from anyone interested in the job.
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Health law roundtable event, CLE Dec. 10

December 2, 2009
IL Staff
Indiana University School of Law - Indianapolis, Hall Center for Law and Health, and the American Antitrust Institute will present a roundtable discussion on the future of antitrust enforcement in light of changes in the health-care landscape.
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Town officials now face federal charges

December 2, 2009
IL Staff
Some former Chesterfield town employees accused by the Indiana Attorney General of defrauding their town government now face federal charges.
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Justices rule on constructive discharge issue

December 2, 2009
Jennifer Nelson
The Indiana Supreme Court decided Tuesday that a claim for constructive retaliatory discharge falls within the state's public policy exemption to the employment-at-will doctrine.
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High court splits in hospital negligence suit

December 1, 2009
Jennifer Nelson
The Indiana Supreme Court split on whether a hospital was negligent in letting a woman with injuries possibly caused by domestic violence leave with her alleged abuser, who killed her on the way home after being discharged.
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Justices draw bright line on children's fault

December 1, 2009
Jennifer Nelson
Indiana law recognizes a rebuttable presumption that children ages 7 to 14 aren't capable of contributory negligence, the state's Supreme Court has confirmed.
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  1. The sad thing is that no fish were thrown overboard The "greenhorn" who had never fished before those 5 days was interrogated for over 4 hours by 5 officers until his statement was illicited, "I don't want to go to prison....." The truth is that these fish were measured frozen off shore and thawed on shore. The FWC (state) officer did not know fish shrink, so the only reason that these fish could be bigger was a swap. There is no difference between a 19 1/2 fish or 19 3/4 fish, short fish is short fish, the ticket was written. In addition the FWC officer testified at trial, he does not measure fish in accordance with federal law. There was a document prepared by the FWC expert that said yes, fish shrink and if these had been measured correctly they averaged over 20 inches (offshore frozen). This was a smoke and mirror prosecution.

  2. I love this, Dave! Many congrats to you! We've come a long way from studying for the bar together! :)

  3. This outbreak illustrates the absurdity of the extreme positions taken by today's liberalism, specifically individualism and the modern cult of endless personal "freedom." Ebola reminds us that at some point the person's own "freedom" to do this and that comes into contact with the needs of the common good and "freedom" must be curtailed. This is not rocket science, except, today there is nonstop propaganda elevating individual preferences over the common good, so some pundits have a hard time fathoming the obvious necessity of quarantine in some situations....or even NATIONAL BORDERS...propagandists have also amazingly used this as another chance to accuse Western nations of "racism" which is preposterous and offensive. So one the one hand the idolatry of individualism has to stop and on the other hand facts people don't like that intersect with race-- remain facts nonetheless. People who respond to facts over propaganda do better in the long run. We call it Truth. Sometimes it seems hard to find.

  4. It would be hard not to feel the Kramers' anguish. But Catholic Charities, by definition, performed due diligence and held to the statutory standard of care. No good can come from punishing them for doing their duty. Should Indiana wish to change its laws regarding adoption agreements and or putative fathers, the place for that is the legislature and can only apply to future cases. We do not apply new laws to past actions, as the Kramers seem intent on doing, to no helpful end.

  5. I am saddened to hear about the loss of Zeff Weiss. He was an outstanding member of the Indianapolis legal community. My thoughts are with his family.

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