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Panel to discuss race, death penalty

January 1, 2008
IL Staff
The Black Law Students Association and the American Constitution Society of Indiana University School of Law - Bloomington are sponsoring the program, "Intersection of Race and Jury Composition with the Death Penalty" April 1.Panelists for the program are: Marla Sandys, associate professor of criminal justice at IU - Bloomington; Paula Sites, Indiana Public Defender Council; and Jessie Cook, an attorney in private practice who has dealt with death penalty cases. In addition to discussing the issue of race and the death...
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Indiana State Bar Association files new trust mill suit: Indianapolis company accused of unauthorized practice of law

January 1, 2008
Michael Hoskins
A decade ago, Vesser and Helen Davis met with an estate planning company representative about how to divvy up their assets and their Hamilton County farm. That representative drew on a flipchart, illustrated ways a partnership and corporation could be set up, outlined differences between wills and trusts, explained the probate process, and advised the pair how they could arrange their finances and establish a corporate structure for the family farm business. In the end, they paid thousands of dollars for...
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Chief public defender going to immigration firm

January 1, 2008
Michael Hoskins
When Marion County's chief public defender steps down in February, he plans to work for an immigration and naturalization firm in Indianapolis.David E. Cook, who's been the county's top public defender since 1995, submitted his resignation in December to the Marion County Public Defender's Office. He's continuing in the post until mid-February to allow time for a replacement to be found.On Feb. 18, the 61-year-old attorney plans to join Gresk & Singleton in a new office being built at 10th and...
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Indiana lawyer helped reporter win in Africa

January 1, 2008
Rebecca Berfanger
A case where an African country's government was accused of kidnapping and torturing a journalist was decided on June 5 in favor of the reporter and his family.Indianapolis attorney Dan Byron assisted the Ghana-based Media Foundation for West Africa, which filed the suit on behalf of Chief Ebrima Manneh.Byron spent October and November in Africa and has remained in touch with the foundation's attorneys since then.In what Byron called a "good day for human rights and press rights in West Africa"...
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Juvenile court to be featured in documentary

January 1, 2008
IL Staff
A Lake County juvenile court will once again allow cameras in to capture the inner workings of the court for a nationally broadcast documentary.Indianapolis documentary filmmaker Karen Grau will have access to Judge Mary Beth Bonaventura's courtroom in Crown Point to film and produce six, one-hour documentary programs. The goal of the series is to shed light on the issues facing the courts and children served by the court. Because of the nature of the documentary, the Indiana Supreme Court authorized...
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COA affirms dismissal of complaint

January 1, 2008
Jennifer Nelson
An Anderson man who filed a complaint against the officers that arrested him and two police departments filed his civil action outside of the statute of limitation, the Indiana Court of Appeals ruled April 28.The appellate court agreed with the trial court in Jon S. Johnson v. Stephon Blackwell, et al., No. 49A02-0709-CV-759, that Johnson filed his four-count complaint against two detectives, the Madison County Sheriff's Department, and the Anderson Police Department after the two-year statute of limitations expired. After receiving a...
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COA affirms $17.9 million judgment against firm

January 1, 2008
Michael Hoskins
Two years ago, a jury hit an Indianapolis law firm with a $17.9 million verdict after it found the firm liable for a failed health plan that left 8,200 Hoosier with unpaid medical bills.The Indiana Court of Appeals affirmed an appeal from that general jury verdict and judgment in favor of the state's insurance commissioner, Jim Atterholt. The 37-page opinion, which includes a two-page dissent from Judge Carr Darden, comes in Frederick W. Dennerline III, and Fillenwarth Dennerline Groth & Towe...
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Appeal likely in license-plate fee suit

January 1, 2008
Michael Hoskins
The Indiana Court of Appeals will likely be asked to consider whether the Hoosier license plates proclaiming "In God We Trust" violate the state constitution regarding the fees not attached for motorists.Following a ruling released Thursday by Marion Superior Judge Gary Miller, the American Civil Liberties Union of Indiana plans to appeal on behalf of a Fort Wayne man who sued over the plate a year ago. At issue in Mark E. Studler v. Indiana BMV, No. 49D05-0704-PL-016603, was the $15...
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SCOTUS hears voter ID case

January 1, 2008
Michael Hoskins
Arguments played out in the Supreme Court of the United States this morning on the legality of Indiana's voter identification law.The nine justices heard an hour of arguments at 10 a.m. in the combined Hoosier cases of Crawford v. Marion County Election Board, No. 07-21, and Indiana Democratic Party v. Rokita, No. 07-25. Both challenge the state's three-year-old voter photo ID law that's been upheld by both U.S. District Judge Sarah Evans Barker and the 7th Circuit Court of Appeals.Stakes are...
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COA sides with Lauth in casino suit

January 1, 2008
Michael Hoskins
Indianapolis commercial developer Lauth didn't breach a joint venture contract or any of its duties with other parties by partnering with the Bloomington-based Cook Group on an Orange County riverboat casino project, the Indiana Court of Appeals ruled today.In a unanimous holding in Lauth Indiana Resort & Casino LLC v. Lost River Development LLC, et al., 29A02-0710-CV-839, the court ruled on an issue of first impression about when a joint venture terminates in situations where the agreements contain no specific termination date,...
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Judge denies motion to reconsider

January 1, 2008
Michael Hoskins
A federal judge took some time this week to defend a previous decision that dropped Indiana as a defendant in a suit filed by a Fort Wayne man who accuses police, prosecutors, and the Allen Circuit Court of discriminating against him.Pro se plaintiff Derrick O. Martin asked U.S. District Judge Philip Simon, Northern District of Indiana, Fort Wayne Division, to reconsider the court's ruling from earlier this year. The judge issued a three-page opinion Wednesday denying the request that claimed the...
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Court to consider juvenile detention funding

January 1, 2008
Michael Hoskins
The Indiana Court of Appeals is considering a case this week that has statewide implications on who must pay to operate juvenile detention facilities - the state or individual counties.Arguments are set April 17 in Marion County and St. Joseph County v. State of Indiana, 73A01-0705-CV-238, a suit the counties brought after Indiana tried to recover about $75 million it spent in operating juvenile detention facilities in those two areas. The court will decide whether the trial court erred in entering a decision...
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Courts may modify custody upon relocation

January 1, 2008
Jennifer Nelson
Trial courts are not required to order a change in custody upon a parental relocation under a 2006 Indiana statute, the Indiana Supreme Court decided today. The high court ruled trial courts are allowed to modify custody arrangements at their own discretion. In Valerie Raich Baxendale v. Samuel Raich, III, No. 64S05-0709-CV-372, the Indiana Supreme Court reversed the Indiana Court of Appeals decision, finding the trial court's balancing of relevant considerations in granting physical custody of A.R. to Raich was not erroneous....
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Federal suit targets new sex-offender law

January 1, 2008
Michael Hoskins
The American Civil Liberties Union of Indiana filed a federal suit Thursday against every state prosecutor and sheriff's office, hoping to stop them from enforcing a new sex-offender law set to begin July 1.Specifically, the class action suit challenges a provision of the new law that will require those registered on the statewide registry to give blanket consent for searches of their computers.The challenge comes less than two weeks after Gov. Mitch Daniels signed into law the measure that hails from...
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Justices to hear 2 arguments

January 1, 2008
Michael Hoskins
The Indiana Supreme Court will hear two arguments Thursday morning.At 9 a.m., justices will hear a direct appeal in David Camm v. State, No. 87S00-0612-CR-499, which comes from Warrick Superior Court and involves a former state trooper convicted two years ago of murdering his family.Camm is serving a life sentence without possibility of parole following his second conviction in the September 2000 murders of his wife and their two children, 7-year-old Bradley and 5-year-old Jill, in southern Indiana. The Indiana Court...
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SCOTUS denies Vanderburgh County case

January 1, 2008
Michael Hoskins
The nation's highest court won't take a Vanderburgh County case decided last year by the Indiana Supreme Court, which by a split vote reinstated the death sentence for a man convicted of murdering his wife and two young children.At its weekly private conference March 28, the U.S. Supreme Court denied certiorari in Paul M. McManus v. State of Indiana, No. 07-8435. After ruling in State of Indiana v. Paul M. McManus, No. 82S00-0503-PD-78, June 27, 2007, the Indiana Supreme Court denied a...
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School, student settle pledge suit

January 1, 2008
Michael Hoskins
Within a week of filing a federal lawsuit, a settlement has been reached on a case involving a high school student who was punished for not standing during the Pledge of Allegiance.The Franklin Community School Corp. superintendent said the American Civil Liberties Union of Indiana has agreed to drop the lawsuit. The school district will pay the student's $1,000 in attorney fees, clear his school record, and not require participation by standing or any other way during the Pledge of Allegiance...
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Court rules on 2 water-related cases

January 1, 2008
Michael Hoskins
The Indiana Court of Appeals decided two environmental cases today involving issues pertaining to lake levels and the rights lakefront property owners enjoy.In Center Townhouse Corp., et al. v. City of Mishawaka, No. 71A04-0612-CV-707, the court tackled an issue it hasn't specifically dealt with before and decided not to expand Indiana's riparian rights, or those privileges extended to waterfront property owners, to include the right of unobstructed view of the water.A group of eight townhome owners brought an inverse condemnation action against...
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SCOTUS set to start term

January 1, 2008
Michael Hoskins
Next week will be a big one for Indiana in the Supreme Court of the United States.The nation's highest court will hear six arguments next week, including a much-anticipated and publicized case involving Indiana's voter identification law, and another state's case that has Hoosier interest on the constitutionality of lethal injections.On Tuesday, the justices will take on a pair of Indiana cases. The combined cases are Crawford v. Marion County Election Board, No. 07-21, and Indiana Democratic Party v. Rokita, No....
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Appeal moot, but attorney fees allowed

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals dismissed an appeal as moot but awarded the defendant appellate attorney fees and costs because the plaintiff engaged in procedural and substantive bad faith during the appeals process. In Samuel Lesjak v. New England Financial, No. 29A02-0706-CV-499, Lesjak appealed the trial court's order that he arbitrate a claim filed against him by New England Financial in a forum other than the National Association of Securities Dealers. Lesjak worked for New England Securities as a broker/dealer. He registered...
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Update: New obscene materials law struck down

January 1, 2008
Michael Hoskins
On the day it was supposed to take effect, an Indianapolis federal judge struck down in its entirety a new law that would have required bookstores, retailers, and others to register with the state and pay a fee to sell any sexually explicit material.U.S. District Judge Sarah Evans Barker issued a ruling Tuesday in Big Hat Books, et al. v. Prosecutors, No. 1:08-CV-00596, which challenged the constitutionality of House Enrolled Act 1042 passed earlier this year by the Indiana General Assembly....
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Headline: Subtitle

January 1, 2008
IL Staff
  Affirms Beer's convictions and sentence for three counts of dealing cocaine, unlawful possession of a firearm by a serious violent offender, possession of cocaine with the intent to deliver, and maintaining a common nuisance.
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Chief public defender delays departure

January 1, 2008
Michael Hoskins
Expect to see David E. Cook's face at the Marion County Public Defender Agency a little longer than anticipated.The chief public defender is delaying for a month his departure - originally planned for Feb. 15 - to help make sure the agency has adequate leadership while its board of directors searches for a successor. Cook is stepping down after 12 years as the county's top public defender to work for immigration firm Gresk & Singleton in Indianapolis.Because the agency needed leadership...
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COA: Offender residency law not OK

January 1, 2008
Michael Hoskins
The Indiana Court of Appeals today upheld a lower court's ruling that the state's law prohibiting violent and child sex offenders from living within 1,000 feet of a school or public area where children congregate is unconstitutional.The ruling came in State of Indiana v. Anthony W. Pollard, No. 05A02-0707-CR-640. Judges heard arguments in the case March 31. The state argued that Indiana Code Section 35-42-4-11 was not considered ex post facto law as applied to Pollard, but the appeals court disagreed and...
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Indiana: 'model' for judicial accountability

January 1, 2008
Jennifer Nelson
A national watchdog group has ranked Indiana seventh in the nation for how it holds its state and federal judges accountable.The Washington, D.C.-based nonprofit, nonpartisan organization HALT, Inc. - Help Abolish Legal Tyranny - gave the Hoosier state's program a "C+" on its report card, which it claims is the first study of its kind in the nation. Both Indiana and Nevada received the 7th-place ranking. A press release about the state's ranking cited Indiana as "exemplary" in some respects including...
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  1. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

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  3. 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.

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  5. 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!

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