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State can't cross-appeal sentence under rule

January 1, 2008
Jennifer Nelson
The state may not cross-appeal a sentence for an abuse of discretion or inappropriateness unless the defendant appeals his or her sentence in the appellant's brief, the Indiana Court of Appeals ruled today. The issue of the state filing a cross-appeal of a sentence is a matter of first impression. In Steven McCullough v. State of Indiana, No. 49A02-0711-CR-931, Steven McCullough filed an appeal of his convictions of two counts of criminal confinement, battery, and the finding he was a habitual offender....
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Court: Nontestimonial statements allowed at trial

January 1, 2008
Jennifer Nelson
Statements to police made by a woman who accused a defendant of hitting her should have been admissible during the defendant's trial, the Indiana Court of Appeals ruled April 25.The appellate court determined statements made by Keyona Brooks, in which she said defendant Tracey Lamont Martin struck her in the face while they were fighting in the car before he drove off with her children, should have been considered nontestimonial, and thus admissible at trial.Brooks was not available to testify at Martin's trial...
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Court rules on 'nude in front yard' case

January 1, 2008
Michael Hoskins
Though the front yard of your home may not be considered a "public place," state law prohibits you from standing there naked because that nudity would be visible from a public street or sidewalk, the Indiana Court of Appeals ruled today.In Chad A. Weideman v. State of Indiana, No. 87A01-0801-CR-51, a unanimous three-judge panel determined that Indiana's public nudity statute, Indiana Code Section 35-45-4-1.5(c), is not unconstitutionally vague, but the state failed to present sufficient evidence to prove that a Warrick County...
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SCOTUS quiet on money-laundering case

January 1, 2008
Michael Hoskins
The nation's highest court hasn't yet ruled on an East Chicago case involving money laundering, but that could be because justices are waiting to hear a similar case before making a decision.Indianapolis attorney Todd Vare with Barnes & Thornburg argued before the Supreme Court of the United States Oct. 3, but so far the court hasn't issued a decision on U.S. v. Efrain Santos, No. 06-1005.Ten of the 14 cases argued that month have been ruled on, as well as other...
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UPDATE: SCOTUS limits pro se rights

January 1, 2008
Michael Hoskins
The U.S. Supreme Court has decided that a state may require a criminal defendant who suffers from a mental illness to have a lawyer rather than allowing that person to act as his or her own defense counsel, even when the individual is competent to be tried.Vacating an Indiana Supreme Court ruling from more than a year ago, the nation's highest court today issued its 7-2 ruling in Indiana v. Ahmad Edwards, No. 07-208. Justices remanded the case to Marion Superior Court...
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Mental health, criminal justice training set

January 1, 2008
IL Staff
The National Alliance on Mental Illness Indiana is hosting later this month its Mental Health and Criminal Justice Training program, which is geared toward attorneys, judges, correctional officers, mental-health providers, and others to educate them about mental illness.Session topics include "Categories of Mental Illness," "The View from Inside," and "Interacting and Communicating with Persons with a Mental Illness." Speakers include Dr. George Parker, medical director of the Indiana Division of Mental Health and Addictions, and Timothy Lines, Ph.D., chief psychologist and...
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Deputy Allen County prosecutor dies

January 1, 2008
IL Staff
A deputy Allen County prosecutor died suddenly March 16 after a short illness. John William Archer was 58. Archer, a lifelong Hoosier, was born in Hartford City and earned his bachelor's degree at Wabash College. He earned his J.D. at Valparaiso University School of Law. He spent 20 years in the Allen County Prosecutor's Office and served as section head of the misdemeanor court. Prior to that, he owned Ruby Red Hot Records, a reflection of his love of music. He is survived...
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Tax fraud lands attorney in prison

January 1, 2008
IL Staff
An Indianapolis personal injury lawyer will spend time in prison for committing tax fraud by underreporting his income.U.S. District Judge Larry J. McKinney of the Southern District's Indianapolis Division sentenced Robert E. Lehman to eight months in prison and six months of home detention after he pleaded guilty to making a false federal income tax return.Lehman filed false personal income tax returns with the IRS in 2002, 2003, and 2004, by understating his business income. When he paid his clients from...
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Update: Confirmation doesn't stop court business

January 1, 2008
Michael Hoskins
Business is going on as usual this morning for the U.S. District Court Southern District of Indiana, despite a historic moment that's happened in the court.The U.S. Senate voted unanimously about 5 p.m. Thursday to confirm Magistrate Judge William T. Lawrence as a federal judge, meaning he'll be the Southern District's first-ever magistrate to be elevated to the constitutionally established Article III judge status.Senators took a break from discussion on wiretapping to talk about judicial nominations, and held a roll-call vote...
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Marion County public defender arrested

January 1, 2008
Michael Hoskins
A Marion County public defender faces felony charges after being arrested Sunday following an undercover child sex sting by the Indianapolis Metropolitan Police Department.Ryan Snyder, 29, was arrested about noon on the south side of Indianapolis, according to a police report. He is accused of using the Internet to set up a meeting with a 15-year-old girl for sex, the report said. A detective posed as the teenager and arrested him, as well as another man during the weekend sting. Police...
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Jury: Ex-Ball State officer not liable in shooting

January 1, 2008
Michael Hoskins
A federal jury decided in less than three hours that a former Ball State University police officer isn't liable in the fatal shooting of a drunken, unarmed student four years ago.An eight-person jury returned Monday evening with a verdict in about 2 ½ hours, after hearing 10 days of arguments and testimony in the case of McKinney v. Robert Duplain in U.S. District Court in Indianapolis. Jurors determined that Duplain wasn't liable for Michael McKinney's death.More than 50 people - mostly...
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Transfer granted in cleanup liability case

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted transfer Wednesday in a case involving environmental cleanup costs and which party would be liable to incur those costs. At issue in Dreaded Inc., v. St. Paul Guardian Insurance Co., et al., No. 49A02-0701-CV-78, is whether St. Paul is liable for environmental cleanup defense costs incurred prior to receiving notice of potential liability from Dreaded about an environmental claim. Dreaded received a claim letter in 2000 from the Indiana Department of Environmental Management demanding the company do...
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COA: Defendant had imperfect, yet fair trial

January 1, 2008
Jennifer Nelson
Defendants are entitled to fair trials, not perfect ones, and the imperfections of one defendant's trial didn't deprive him of a fair trial, ruled the Indiana Court of Appeals. The court upheld the murder conviction of John Myers II, who was convicted two years ago of killing IU student Jill Behrman in 2000. Authoring Judge Cale Bradford wrote in the 44-page opinion, John R. Myers II v. State of Indiana, No. 55A05-0703-CR-148, the court acknowledges there were certain discrete imperfections at Myers'...
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Court split on non-compete geography

January 1, 2008
Michael Hoskins
Geography is the main sticking point that has split the Indiana Supreme Court on determining reasonableness of non-compete covenants as they relate to physicians and medical practices.With its 3-2 ruling March 11 in Central Indiana Podiatry v. Kenneth Krueger, Meridian Health Group PC, No. 29S05-0706-CV-256, the court held that employment contracts between doctors and medical practice groups don't absolutely go against public policy and are enforceable if written reasonably.But views on what's "geographically reasonable" in the latter part of the holding is what...
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COA: teacher within rights in striking student

January 1, 2008
Jennifer Nelson
Relying on caselaw from the 19th century, the Indiana Court of Appeals upheld a trial court's decision to dismiss a battery charge against a teacher for striking a student in gym class. Judges Patricia Riley and Melissa May agreed with the trial court in State of Indiana v. Paula J. Fettig, No. 49A02-0709-CR-807, that gym teacher Fettig was protected from prosecution because state statute gives authority to school personnel to discipline students. Citing Indiana Code Sections 20-33-8-8(b) and 20-33-8-9, Judge Riley wrote...
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Appellate judges to visit Jeffersonville

January 1, 2008
IL Staff
The three-judge panel of L. Mark Bailey, Cale Bradford, and Melissa May travel to southern Indiana to hear arguments before the Sherman Minton Inns of Court in Jeffersonville on April 9. The judges will hear the case Indiana Department of Natural Resources v. Lake George Cottagers Association, No.76A03-0708-CV-381, at 5:30 p.m. at the banquet hall Kye's I, 500 Missouri Ave., Jeffersonville. At issue is who owns the land beneath a dam - the state or the Cottagers Association - and who...
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COA: Husband not entitled to judgment relief

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals reversed a trial court order granting a husband relief from judgment because the order modified the parties' original property settlement, which wasn't allowed under Indiana Statute or Trial Rule 60(B). In Janet L. Dillard v. Donald S. Dillard, No. 36A01-0712-CV-606, Donald Dillard filed for divorce from his wife, Janet Dillard, in July 2006. The parties agreed in December 2006 to a property settlement, which stipulated the marital home would be sold and Donald would receive 25 percent...
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Appeals court in Valparaiso Monday

January 1, 2008
IL Staff
The Indiana Court of Appeals will hear arguments in Valparaiso Monday in a case involving an automobile accident and the statute of limitations to amend a complaint.The panel of Judges John Sharpnack, Nancy Vaidik, and Michael Barnes will be asked to decide in Tim Sinks v. Krista L. Caughey, 49A04-0709-CV-502, whether the trial court erred in denying Sinks' motion to dismiss and allowing Caughey to amend her complaint. Caughey was rear-ended by a pickup truck, and she relied on the information...
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Report: Hoosier tort system 'salvageable'

January 1, 2008
Michael Hoskins
Indiana's tort system ranks 22nd nationally but is on the way to doing a better job because of laws on the books, according to a comparative study released today by a California research group.The non-profit Pacific Research Institute compared the legal climates of all 50 states' tort systems in its report U.S. Tort Liability Index: 2008 Report http://special.pacificresearch.org/pub/sab/2008/Tort_Index/. A co-author says the group hopes the rankings will encourage state officials and residents to enact tort reforms, or to enforce and defend...
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Court decides Carmel mining case

January 1, 2008
Michael Hoskins
More than a year after hearing arguments in a Carmel mining-regulation case, the Indiana Supreme Court decided Thursday that municipalities can regulate mining and don't have to rely on a zoning process to do so.The unanimous decision came in City of Carmel v. Martin Marietta Materials, Inc., No. 29S04-0611-CV-469. Justice Frank Sullivan authored the ruling in Carmel's favor after considering the validity of a 2005 city ordinance exerting control over the 50-year-old mining operation by regulating issues such as the mine's hours...
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Court: business license fee not a tax

January 1, 2008
Rebecca Berfanger
The Indiana Court of Appeals today affirmed summary judgment for the city of Hammond, where an attorney who practices law there contested an ordinance that would charge a fee to have a business license. The lawyer claimed the fee was tantamount to a tax.In the opinion, David Paul Allen v. City of Hammond, 45A03-0708-CV-372, it states that on July 28, 2005, Allen filed a complaint for declaratory judgment against the city to invalidate the ordinance requiring businesses to have a license....
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Breaking: Court suspends Marion Superior judge

January 1, 2008
Michael Hoskins
The Indiana Supreme Court has suspended Marion Superior Judge Grant Hawkins from the bench until the court is able to decide his final penalty resulting from a disciplinary action against him.Justices issued an order this afternoon suspending Judge Hawkins with pay, effective today. A second order appoints Indianapolis attorney James Osborn as judge pro tempore until justices issue a final resolution. Osborn was elected this year as a new Marion Superior judge and is slated to take the bench in January.This is the...
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UPDATE: Senate acting on magistrate's confirmation

January 1, 2008
Michael Hoskins
The U.S. Senate is about to vote on whether a federal magistrate in Indianapolis will be elevated to a constitutionally established judgeship. The senators started to voted after 4:30 p.m. Around 4:15 p.m. the senators started discussing the nominees in executive session. The session can last up to an hour, after which they will come back for a public confirmation vote. Just before 4 p.m., the U.S. Senate took a break from discussion on wiretapping to move on judicial nominations. A unanimous confirmation appeared on...
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Pro golfer's lawyer promotes new initiative

January 1, 2008
Michael Hoskins
You don't have to be a golf fan to have an interest in the recent PGA tournament at Pebble Beach Golf Course in California.Indianapolis lawyer Joseph Champion at law firm Bingham McHale has a key connection to that tournament and the winning golf pro, Steve Lowry, who walked away with a $1.08 million prize Sunday.The Hoosier attorney has represented Lowry in legal issues such as sponsorships and wealth management, and Champion looks forward to his client's recent tournament victory as a way...
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Investigation goes beyond one case of delay

January 1, 2008
Michael Hoskins
Harold D. Buntin is a focal point of the judicial misconduct investigation into a Marion Superior Court judge and his part-time commissioner, but the Indianapolis man could be just the tip of the iceberg for what's been happening in that criminal court.The nearly dozen charges brought separately Wednesday against Marion Superior Judge Grant W. Hawkins and Master Commissioner Nancy L. Broyles, both assigned to Criminal Court 5 since January 2001, not only deal with a single case of possible wrongdoing but...
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  1. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  2. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  3. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

  4. If our State Government would sue for their rights to grow HEMP like Kentucky did we would not have these issues. AND for your INFORMATION many medical items are also made from HEMP. FOOD, FUEL,FIBER,TEXTILES and MEDICINE are all uses for this plant. South Bend was built on Hemp. Our states antiquated fear of cannabis is embarrassing on the world stage. We really need to lead the way rather than follow. Some day.. we will have freedom in Indiana. And I for one will continue to educate the good folks of this state to the beauty and wonder of this magnificent plant.

  5. Put aside all the marijuana concerns, we are talking about food and fiber uses here. The federal impediments to hemp cultivation are totally ridiculous. Preposterous. Biggest hemp cultivators are China and Europe. We get most of ours from Canada. Hemp is as versatile as any crop ever including corn and soy. It's good the governor laid the way for this, regrettable the buffoons in DC stand in the way. A statutory relic of the failed "war on drugs"

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