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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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Lawyers assist vets; benefit Feb. 29

January 1, 2008
Rebecca Berfanger
Veterans of Valor, an organization to assist injured veterans and supported by a number of Indianapolis attorneys, will sponsor a fundraiser and open house Feb. 29 in Greenwood.The event will feature a presentation of the organization's recently released Web site, www.veteransofvalor.org, as well as information about different ways to get involved.The organization is seeking volunteers who can make a long-term commitment and those who only have enough time to help with short-term projects. Because the organization is relatively new, there are...
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Restitution continues beyond probation period

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court affirmed today that trial courts must inquire about a defendant's ability to pay when they order restitution as a condition of probation or a suspended sentence and a restitution obligation continues beyond the end of a probationary period. However, in Jeffrey Pearson v. State of Indiana, No. 45S03-0712-CR-574, the high court affirmed the trial court's order for Pearson to pay at least $150 a month in restitution as a condition of his probation even though the trial court...
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Professor entitled to unemployment benefits

January 1, 2008
Jennifer Nelson
University professors who do not have their fixed-termed contracts renewed after the contract expires are entitled to unemployment benefits because their resulting unemployment isn't voluntary, ruled the Indiana Supreme Court Tuesday. In Indiana State University v. William C. LaFief, et al., No. 93S02-0801-EX-17, William LaFief was hired by Indiana State University as an assistant professor for one academic year and was reappointed for the following year. After his second academic year at the university, LaFief was told by the school he would...
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Nominees sought for Indianapolis civic award

January 1, 2008
IL Staff
The Indianapolis Mayor's Office is currently accepting nominations for the Charles L. Whistler Award.The award is named after a Baker & Daniels senior partner, Whistler, who gave his time and abilities to the Indianapolis community. At the time of his death in 1981, he was chairman of the Greater Indianapolis Progress Committee's Urban Growth and Revitalization Task Force, and the White River State Park Citizen's Advisory Committee. Nominations are open to anyone in Indianapolis except currently appointed government employees and public...
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Law student runs for human rights: IU Law - Indianapolis organization recipient of 3L's fundraising efforts

January 1, 2008
Rebecca Berfanger
The International Human Rights Law Society at Indiana University School of Law - Indianapolis will have more money to work with now than its $375 budget from the beginning of the school year, thanks to the organization's vice president. The IHRLS is the student group that has researched, written, and presented shadow reports to experts for the United Nations Human Rights Council. Funds for the organization bring international human rights experts to speak at the school, present movie nights that are...
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Court allows relief under Crime Victims Statute

January 1, 2008
Jennifer Nelson
Contract provisions that exempt a party from liability under the Indiana Crime Victims Statute are void when the party violates public policy, the Indiana Court of Appeals ruled Friday. In The State Group Industrial (USA) Unlimited v. Murphy & Associates Industrial Services, No. 82A04-0703-CV-158, State Group appealed the trial court judgment denying the company's request for relief under Indiana Code 34-24-3-1, the Crime Victims Statute. The trial court awarded State Group actual damages, but denied relief under the statute based on a...
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Lawmakers pick summer study topics

January 1, 2008
Michael Hoskins
State lawmakers have announced what topics they'll explore before the 2009 legislative term begins.On tap: immigration, administrative law judge powers, Indiana's alcoholic beverage laws, and a variety of other legal issues.The Indiana Legislative Council Thursday created multiple new interim study commissions that will meet this summer. What they recommend helps set the stage for the next session. Legislative leaders will appoint lawmakers to the panels in coming weeks, and most must make recommendations to the General Assembly by Nov. 1.One of...
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COA says how to admit DNA testing analysis

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals upheld a defendant's convictions of child molesting and used the opinion to establish how documents explaining the underlying analysis of DNA testing may be admitted at a criminal trial.In hearing the appeal of Richard Pendergrass v. State of Indiana, No. 71A03-0712-CR-588, the appellate court discovered after a thorough review of caselaw that there was no precedent in place to establish the admittance at a criminal trial of those documents. Richard Pendergrass appealed his child molesting convictions, arguing...
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SCOTUS upholds Indiana voter ID law

January 1, 2008
Michael Hoskins
Indiana's law requiring voters to show photo identification before casting a ballot is constitutional, the U.S. Supreme Court ruled this morning.The nation's high court issued its decision at 10 a.m. on the pair of consolidated cases, William Crawford, et al. v. Marion County Election Board, et al., No. 07-21, and Indiana Democratic Party, et al. v. Todd Rokita, No. 07-25. The decision comes just a week prior to Indiana's primary on May 6, upholding the strictest voter ID law in the...
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Judge: 'I didn't lie ...': Marion Superior jurist faces disciplinary panel

January 1, 2008
Michael Hoskins
Marion Superior Judge Grant W. Hawkins is used to spending his days in court. But on Oct. 6 and 7, he wasn't on the bench; the jurist was the one being judged. Already, his former part-time commissioner has resigned and been permanently banned from any judicial role because of this issue, and Judge Hawkins is battling 11 misconduct charges against him that could mean his judicial career is on the line. But before he finds out his fate, the judge is...
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State submits SCOTUS brief in pro se case

January 1, 2008
Michael Hoskins
Trial courts should be able to deny criminal defendants the right to represent themselves when that person can't communicate coherently with the court or jury, the Indiana Attorney General's Office wants the nation's highest court to decide.The state submitted a brief this week to the Supreme Court of the United States, which will hear arguments March 26 in the Hoosier-based pro se case of Indiana v. Ahmad Edwards, No. 07-208. You can view the 74-page brief online here.Dating to July 1999,...
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COA affirms order to enjoin

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals affirmed a judgment enjoining some members of a class action suit from pursuing a quiet title action, finding the agreements of a settlement disposed of all claims in property between the class and a company.In Fern E. Firestone, et al. v. American Premier Underwriters Inc. and U.S. Railroad Vest, Corp., No. 06A01-0804-CV-199, the appellate court had to determine whether the trial court erred in ruling that claims brought by Wayne E. Boyd and Bunker Farms to...
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Law student turns 6 today

January 1, 2008
Rebecca Berfanger
While Feb. 29, which happens every four years, marks just another day for most, a first-year law student at Indiana University School of Law - Indianapolis will celebrate his sixth birthday today.Mike Doversberger, an Elkhart native born Feb. 29, 1984, said he might use the birthday as a way to break the ice at a job interview today. Later, he will celebrate with friends and family."I like to put it on the resume that I graduated from Notre Dame (undergrad) before...
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  1. I can understand a 10 yr suspension for drinking and driving and not following the rules,but don't you think the people who compleate their sentences and are trying to be good people of their community,and are on the right path should be able to obtain a drivers license to do as they please.We as a state should encourage good behavior instead of saying well you did all your time but we can't give you a license come on.When is a persons time served than cause from where I'm standing,its still a punishment,when u can't have the freedom to go where ever you want to in car,truck ,motorcycle,maybe their should be better programs for people instead of just throwing them away like daily trash,then expecting them to change because they we in jail or prison for x amount of yrs.Everyone should look around because we all pay each others bills,and keep each other in business..better knowledge equals better community equals better people...just my 2 cents

  2. 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?

  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.

  4. 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.

  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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