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Public defender's office goes green

February 24, 2010
IL Staff
The Office of the Public Defender of Indiana is now an American Bar Association Law Office Climate Challenge Partner.
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7th Circuit: Officer entitled to qualified immunity

February 24, 2010
Jennifer Nelson
Because Indiana's conversion statute doesn't appear to have an implied-consent defense, the 7th Circuit Court of Appeals ruled a couple's excuse for possessing another person's camping gear was irrelevant to the probable-cause determination to arrest them.
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Workshop examines foster care

February 24, 2010
IL Staff
Child Advocates and the Marion Superior Court's Juvenile Division are hosting a workshop this week in Indianapolis to examine why more African-American children are in the county's foster care than other races.
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Attorney will shave head in honor of son

February 23, 2010
Jennifer Nelson
An attorney hopes people will ask her why she's bald.
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High court defines 'briefly'

February 23, 2010
Jennifer Nelson
In two cases involving a statutory defense to possession or dealing of drugs within 1,000 feet of a school, the Indiana Supreme Court defined the term "briefly" and ruled on whether the defendants were briefly near schools when they committed their crimes.
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Schools sue over state funding formula

February 23, 2010
Jennifer Nelson
Three Indiana school districts are suing the state over the Indiana's per-pupil school-funding formula.
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Courthouse to be named after justice

February 22, 2010
IL Staff
The Lake County Superior Courthouse in Gary will soon have a new name to honor an Indiana Supreme Court Justice.
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7th Circuit: amendment applies to all mortgages

February 22, 2010
Jennifer Nelson
A 2007 amendment allowing recorded mortgages with certain technical defects to provide constructive notice, as if the mortgages were properly recorded and acknowledged, applies to all mortgages regardless of when they were recorded, the 7th Circuit Court of Appeals ruled Friday.
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Indiana joins Asian carp lawsuit

February 22, 2010
IL Staff
The Indiana Attorney General is joining in the legal dispute over Asian carp in Lake Michigan. Attorney General Greg Zoeller filed an amicus brief on Friday in the lawsuit with the United States Supreme Court in Michigan's lawsuit against Illinois and the U.S. Army Corps of Engineers.
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Lawmakers criticize traffic court fines

February 19, 2010
Michael Hoskins
A legislative committee this week unanimously approved a bill that would cap the fines a court could assess for traffic violations.
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AG opposes East Chicago settlement terms

February 19, 2010
IL Staff
Indiana's Attorney General opposes a proposed settlement between the city of East Chicago and a developer regarding riverboat casino revenues because it would grant additional money to that developer at a time when the state is suing to open up the financial books.
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Committees wrapping up business

February 19, 2010
Michael Hoskins
With legislative deadlines fast approaching for the Indiana General Assembly, lawmakers have reached crunch time in moving legislation through for consideration before the short session comes to a close.
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Judges split on endangerment issue

February 19, 2010
Jennifer Nelson
The Indiana Court of Appeals found the state proved a defendant had driven drunk, but the judges disagreed as to whether the state showed the man had endangered others with his driving.
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Rush County courts join Odyssey

February 19, 2010
IL Staff
The Rush Superior and Circuit Courts and clerk's office have gone online on Odyssey, the Indiana Supreme Court's case management system.
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Police animal amendment moves to full House

February 19, 2010
Jennifer Nelson
The proposed amendment making it a Class D felony for someone who kills a police animal while driving drunk has found a home in legislation.
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DCS to appeal injunction on rate cuts

February 19, 2010
Jennifer Nelson
The Indiana Department of Child Services wants the 7th Circuit Court of Appeals to review a judge's decision to temporarily stop DCS rate cuts.
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COA reverses finding IDEM breached agreement

February 18, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed the finding that the Indiana Department of Environmental Management breached a settlement agreement because the trial court didn't have subject matter jurisdiction to determine whether it committed a breach.
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Proof of service is state's burden

February 18, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed an invasion of privacy conviction today because the state didn't prove the defendant knew he was the subject of an active protective order. The appellate court also concluded that notice of a protective order should come from the state.
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AG files suit to recover taxpayer money

February 18, 2010
IL Staff
The Indiana Attorney General has filed a complaint in St. Joseph Circuit Court to recover public money that the former Lakeville clerk-treasurer allegedly spent on personal items like movie rentals and satellite television.
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Commission starts review process for new disciplinary chief

February 18, 2010
Michael Hoskins
More than 20 people have applied for the top executive post of the Disciplinary Commission, and the commission now may allow others to apply while it begins a review process expected to take at least two months.
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High court clarifies preliminary injunction issue

February 17, 2010
Jennifer Nelson
The Indiana Supreme Court issued an opinion today explaining its reasoning for granting a permanent writ of mandamus last year against Clark Circuit Court.
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Trial court didn't have personal jurisdiction over serviceman

February 17, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed part of a dissolution decree after finding the Marion Superior Court lacked personal jurisdiction over the husband who was in the military overseas.
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COA allows woman to establish maternity

February 17, 2010
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of an agreed petition to establish paternity and maternity of a child who was born of a surrogate, finding equitable relief should allow the biological mother to establish she is in fact the baby's biological mother.
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Indy firm presents film about civil rights lawyer

February 16, 2010
IL StaffMore

Judge wins national award for drug court

February 16, 2010
Jennifer Nelson
Noble Superior Judge Michael J. Kramer was nationally recognized for his work as judge of the Noble County Drug Court. Judge Kramer was named an Advocate of the Year at the Community Anti-Drug Coalitions of America's National Leadership Forum in Washington, D.C. He received the award at a luncheon Thursday.
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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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