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Farmers worry over reach of EPA water rules

May 12, 2015
 Associated Press
Government rules to clarify which streams, tributaries and wetlands should be protected from development and pollution are fueling political anger in the country's heartland.
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COA issues new opinion in bail case involving self-defense claim

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals has issued a new opinion in its decision involving a man charged with murder who sought to be released on bail, but was denied. The judges again held that James Satterfield should be allowed to present evidence of self-defense at a new bail hearing.
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Audit: Indiana Bureau of Motor Vehicles used ambiguous fees

May 12, 2015
 Associated Press
The Indiana Bureau of Motor Vehicles lacks oversight, uses a complex fee schedule that leads to inconsistent charges for the same transactions and may have overcharged motorists more than previously disclosed, according to an independent audit released Monday.
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SEC hits ITT Educational, execs with fraud charges

May 12, 2015
IBJ Staff, J.K. Wall
The Securities and Exchange Commission is suing ITT Educational Services Inc. and its top two executives for fraud, the agency announced Tuesday.
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Journey’s Account Statute does not save woman’s complaint against DOC

May 12, 2015
Jennifer Nelson
A transgendered inmate of the Department of Correction lost before the Court of Appeals in a case seeking personal injury damages from the DOC. The inmate's instant complaint is time-barred and not saved by the Journey's Account Statute, the COA held.
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Revised sentencing statute not applicable to defendant, COA holds

May 12, 2015
Jennifer Nelson
Because a man committed his crime in 1999, well before the effective date of the new Indiana criminal code, the new sentencing statute does not apply to him, the Indiana Court of Appeals held Tuesday.
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Woman’s lien takes priority in property sold at tax sale

May 12, 2015
Jennifer Nelson
The Indiana Court of Appeals determined Tuesday that a woman who obtained a judgment lien in 2006 against a co-owner of a property later sold in a tax sale has priority over other claims for the tax sale surplus and that she made a timely claim for the surplus.
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Outlaws member had no legal interest in forfeited properties

May 12, 2015
Jennifer Nelson
A member of the Outlaws Motorcycle Club who claimed an interest in property forfeited to the government after two fellow members pleaded guilty to racketeering charges did not have an interest under the law, the 7th Circuit Court of Appeals affirmed Monday.
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PCR court erred in determining woman violated probation

May 11, 2015
Jennifer Nelson
A post-conviction court incorrectly calculated when a woman’s probation ended, so it erred in finding that she violated probation after the probationary period was complete, the Indiana Court of Appeals ruled.
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Gov. Mike Pence passes law to address vacant housing

May 11, 2015
 Associated Press
City officials in Indianapolis are applauding a law that Indiana Gov. Mike Pence signed last week that won't let municipalities hold banks responsible for upkeep on vacant homes.
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Indiana, not Canada, has jurisdiction over child custody dispute

May 11, 2015
Jennifer Nelson
An Indiana court retains jurisdiction over matters involving a child conceived in Indiana but born in Canada after her mother returned to Canada following the breakup of her one-month marriage to the child’s father, the Indiana Court of Appeals ruled Monday. It affirmed the award by the Indiana court that father have custody of the girl.
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Prosecutor prefers county investigate rapes at Notre Dame

May 11, 2015
 Associated Press
Students at the University of Notre Dame who have been told for years to report sexual assault cases to campus police have the option of reporting such cases directly to the St. Joseph County Special Victims Unit, a prosecutor said.
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Justices decline to review $1.4M verdict against Walgreen

May 11, 2015
Dave Stafford
The Indiana Supreme Court will not review a $1.4 million jury award against Walgreen Co. in favor of a woman whose private prescription records were disclosed to a third party by a pharmacist.
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Judicial estoppel does not apply to juvenile delinquency proceedings, COA rules

May 11, 2015
Jennifer Nelson
A teen who argued that the rationale for applying judicial estoppel against the state in criminal proceedings should not apply in juvenile delinquency proceedings lost his appeal Monday before the Indiana Court of Appeals.
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COA rejects former guardians’ arguments on rehearing

May 8, 2015
Jennifer Nelson
An elderly man's former temporary guardians were unable to convince the Indiana Court of Appeals that it erred in overturning an award to them of $15,000 after finding potential misconduct by the guardians.
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Court seeks comment on reappointment of federal magistrate

May 8, 2015
IL Staff
The U.S. District Court in the Northern District of Indiana wants to hear from the bar and public as to whether a current magistrate judge should be recommended for reappointment.
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Indiana University law schools announce May 9 commencement speakers

May 8, 2015
IL Staff
A former U.S. ambassador to Costa Rica and the current general counsel at The Home Depot will address graduates Saturday at Indiana University Robert H. McKinney School of Law and IU Maurer School of Law, respectively.
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Sheriff: Federal oversight could end soon at Indiana jail

May 8, 2015
 Associated Press
A sheriff in northwest Indiana says a county jail could be released from oversight by the U.S. Department of Justice later this year.
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Convictions upheld for man who battered girlfriend, relative at family reunion

May 7, 2015
Jennifer Nelson
The Indiana Court of Appeals found that the victim of a battery at a family reunion was related to the perpetrator under Indiana statute, so the defendant’s Level 6 felony battery conviction was affirmed Thursday.
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Fort Wayne attorney to be magistrate in Allen Superior Court

May 7, 2015
IL Staff
Fort Wayne attorney David M. Zent has been named a magistrate judge in the Allen Superior Court Criminal Division. His first day on the bench is expected to be June 1.
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Court erred in concluding it lacked jurisdiction over military husband

May 7, 2015
Jennifer Nelson
The Indiana Court of Appeals sent a divorce case back to the trial court Thursday because the trial court erred in concluding that it lacked jurisdiction over the husband on division of property and spousal maintenance issues.
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Auto theft conviction of man who did not return rental car upheld

May 7, 2015
Jennifer Nelson
A Porter County man convicted of auto theft argued that his failure to return a rental car was a civil case and misunderstanding with the rental company, but the Court of Appeals upheld his Class D felony conviction.
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IU Maurer to hold Baier naming ceremony Friday

May 7, 2015
IL Staff
Indiana University Maurer School of Law will hold a dedication ceremony for the law school building Friday, which is being renamed Baier Hall in recognition of alum Lowell E. Baier. Baier recently made a $20 million estate gift to the Bloomington law school.
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New magistrates approved for 7 counties

May 6, 2015
Marilyn Odendahl
Seven Indiana counties have been given approval to appoint new magistrate judges to their local courts. Gov. Mike Pence signed House Enrolled Act 1110 on May 5.
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Bock receives Center for Public Trust ethics honor

May 6, 2015
Dave Stafford
Indianapolis attorney and U.S. Anti-Doping Agency general counsel William Bock III, who was part of the team that exposed cyclist Lance Armstrong's use of performance-enhancing substances, is one of four Americans selected to receive an award recognizing ethical leadership in the business and professional communities.
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  1. 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.

  2. 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.

  3. 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)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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