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Law firms strut their mutts, names

January 1, 2008
Michael Hoskins
A handful of law firms made their way to the Indianapolis Humane Society's annual Mutt Strut on Sunday, showing off some clever team names and getting some exercise with their pets.Unofficial figures show that about 4,000 pet owners came to the 2008 event at the Indianapolis Motor Speedway, including seven teams from Indianapolis law firms. Those firms were:•Baker & Daniels - Baker's Dozen•Barnes & Thornburg - Barnes & Terrier•Bingham McHale - Bingham Bulldogs•Findling Garau Germano & Pennington - The Tails of...
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Justices split on rental restriction case

January 1, 2008
Michael Hoskins
In a ruling that could be the first of its kind in the nation, a divided Indiana Supreme Court Thursday afternoon reversed a lower court's ruling that a Kokomo subdivision's covenant restricting rentals violated the federal Fair Housing Act because of potential racial implications.The state's highest court has been quiet on the issue since hearing arguments in October 2006, but it simultaneously decided to grant transfer and issue an opinion in the case of Villas West II of Willowridge v. Edna...
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SCOTUS hears pro se competency case

January 1, 2008
Michael Hoskins
The Supreme Court of the United States heard arguments this morning in its third Indiana case in the past six months, pondering whether defendants found competent to stand trial maintain a right to represent themselves.In its first case of the morning at 10 a.m., justices took on Indiana v. Ahmad Edwards, No. 07-208, delving into what the Sixth Amendment dictates regarding competency standards for pro se litigants. Indiana Solicitor General Thomas M. Fisher argued for the state and shared his time...
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COA travels to Muncie, Oakland City

January 1, 2008
IL Staff
The Indiana Court of Appeals will make stops this week in Muncie and Oakland City to hear arguments in a public intoxication appeal and a negligence suit.On Tuesday, the appellate court visits Pruis Hall at Ball State University to hear arguments in Melissa Christian v. State, 49A02-0803-CR-272, in which Melissa Christian is appealing her Class B misdemeanor public intoxication conviction. She argues that because she was found by police in a parking area adjacent to a private residence, there is insufficient...
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Court affirms probation revocation

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court affirmed the revocation of a man's probation and imposition of a 12-year sentence for his probation violation even though the trial court erred in not allowing him to explain why he missed his mandatory drug screenings. In Brian Woods v. State of Indiana, No.49S04-0808-CR-469, the court examined the concept and implications of a "strict compliance" probation, which Woods was on after previously failing to make mandatory drug screenings. The trial court warned him that if he violated his...
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Justices: Arrest was valid

January 1, 2008
Michael Hoskins
The Indiana Supreme Court has reversed a Marion County judge's ruling that officers from the Indianapolis Metropolitan Police Department don't have arresting authority because they didn't take an official oath following a merger.A unanimous ruling came today in State v. Cheryl Oddi-Smith, 49S00-0710-CR-396, which stems from Marion Superior Judge Rueben Hill's decision involving a three-car accident and subsequent drunk driving arrest a year ago. He ruled that Oddi-Smith's arrest was illegal because the arresting officer was not sworn in after the Jan....
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Justices rule on 'workplace bullying' case

January 1, 2008
Jennifer Nelson
The phrase "workplace bully" was applicable to a plaintiff's claims of assault and is an entirely appropriate consideration in determining issues before a jury, ruled the Indiana Supreme Court April 8. However, the court did not define in the opinion what makes a "workplace bully." The majority of Indiana Supreme Court justices affirmed the trial court jury verdict of $325,000 and judgment on a claim for assault against a surgeon.In Daniel H. Raess, M.D., v. Joseph E. Doescher, No. 49S02-0710-CV-424, Dr. Raess...
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Circuit examines ministerial exception

January 1, 2008
Michael Hoskins
Two former administrators of Salvation Army thrift stores in Indianapolis are appealing their lawsuit against the non-profit organization on grounds that they were wrongly denied overtime pay in violation of a federal labor law.But at issue in their federal case is whether they're classified as "employees" and whether a religious freedom exception barring courts from getting involved in church management can be applied to their employment law claims.The 7th Circuit Court of Appeals heard arguments Wednesday in Steve and Lorrie Schleicher...
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Attorney killed in car accident

January 1, 2008
Jennifer Nelson
Merrillville defense attorney Garry Weiss, 53, was killed Tuesday night in a car crash in northern Indiana. Police responded to the three-car crash around 10 p.m. Tuesday in Merrillville. The preliminary investigation shows a Jeep Grand Cherokee ran a stop sign and struck two cars, one of which Weiss was driving. The driver of the Grand Cherokee and the two people inside the Chevy Blazer were also killed. Police believe speed was a contributing factor in the crash. Weiss had his...
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Law firm celebrates 100 years with public event

January 1, 2008
IL Staff
The Evansville law firm Kahn Dees Donovan & Kahn is celebrating its 100th anniversary with a special community presentation May 1. The firm has brought in Dr. Daniel Shapiro of the Harvard Negotiation Project to speak at the program, "Negotiation Power at Work and Home: Using Emotions to Turn Conflict into Mutual Gain." Shapiro is a psychologist and lecturer at Harvard Law School and has trained world leaders, corporate managers, and individuals how to negotiate the resolution of international conflict, hostage...
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Court suspends Evansville attorney

January 1, 2008
Michael Hoskins
The Indiana Supreme Court today suspended an Evansville attorney who pleaded guilty to methamphetamine charges and received a six-year sentence in June.In its interim suspension notice dated July 14 In the Matter of Teresa L. Perry, No. 82S00-0806-DI-00307, the court ordered that the attorney is immediately suspended. Perry had been practicing law in the state since November 2000. The order remains in effect until further notice from the court.Perry had pleaded guilty in April to two counts of dealing a controlled...
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Split court chooses suspension, not disbarment

January 1, 2008
Michael Hoskins
The Indiana Supreme Court today suspended a Bloomington attorney for at least three years, though the chief justice and another justice wanted disbarment because this is the lawyer's fourth disciplinary proceeding since being admitted in 1970.The disciplinary decision came in the form of an 11-page per curiam opinion, In the Matter of David J. Colman, No 53S00-0607-DI-248. The court found that Colman engaged in attorney misconduct in several estate planning tasks: by participating in preparation of a will for a non-relative...
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Justices deny transfer in Home Place appeal

January 1, 2008
Michael Hoskins
The Indiana Supreme Court won't consider the annexation battle between Carmel and Home Place.Attorneys received notice March 4 about the court's 5-0 transfer denial in City of Carmel, Indiana v. Certain Home Place Annexation Territory Landowners, No. 29A04-0510-CV-578, which an online docket entry shows the court made Feb. 28.This means the Oct. 17, 2007, decision by the Court of Appeals stands. The appellate court had ruled in favor of Carmel, holding the city adequately proved it could afford to annex the 1.6-square-mile...
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Court denies rehearing, orders execution

January 1, 2008
Michael Hoskins
The Indiana Supreme Court has refused to hear a condemned man's appeal and ordered his execution for May.Justices unanimously agreed this week to not rehear the case of Michael Dean Overstreet, who was convicted of the 1997 disappearance, rape, and strangulation of Franklin College freshman Kelly Eckart. He has been on death row since 2000, and the Supreme Court upheld the sentence in late November. His attorneys asked for a rehearing in January.Now, a docket entry sets the execution date for...
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Court affirms arbitration dismissal

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals today upheld the dismissal with prejudice of a bank's application to confirm an arbitration award regarding credit card debt because the bank failed to follow the proper procedure outlined in the Federal Arbitration Act. In MBNA America Bank v. Aaron Kay, No. 49A02-0711-CV-961, MBNA submitted a purported dispute over credit card debt by Aaron Kay to the National Arbitration Forum. Kay objected to the arbitration. The arbitrator found in favor of the bank and entered the...
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Federal child support act trumps state act

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals ruled today that a federal act supersedes Indiana's statute regarding exclusive jurisdiction over two parties' child support order and affirmed the transfer of exclusive jurisdiction to a California court. In its ruling, the court had to decide whether or not the father still was a resident of Indiana in order to determine if the federal act applied to him. In In re the marriage of Mahmoud M. Basileh v. Arwa G. Alghusain, No. 29A02-0712-CV-1132, the Court of...
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COA reverses order of restitution to county

January 1, 2008
Jennifer Nelson
A nurse practicing in Indiana without a license had her convictions of forgery and practicing nursing without a license upheld April 22, but the Indiana Court of Appeals reversed the trial court order that she pay restitution to the county where she worked. In Rebecca D. Lohmiller v. State of Indiana, No. 08A02-0710-CR-873, Lohmiller appealed her convictions and sentence for six counts of forgery and 21 counts of practicing nursing without a license. The court sentenced her to four years imprisonment with...
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Court interprets revised procedural statute

January 1, 2008
Michael Hoskins
The Indiana Court of Appeals has found strong and compelling evidence to apply retroactivity to a procedural state statute lawmakers changed last year following a ruling from Indiana Supreme Court.In Mark Hurst v. State of Indiana, No. 64A03-0710-CR-490, the appellate court affirmed a Porter Superior judge's ruling that the court properly amended charging information 15 months after the original omnibus date, that sufficient evidence of seriously bodily injury existed to support a felony battery conviction, and that Hurst was properly sentenced to...
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High court affirms summary judgment for bank

January 1, 2008
Jennifer Nelson
A bank that opened an account for a man who used it to fraudulently deposit checks wasn't required under Indiana Code to exercise ordinary care when opening the account, ruled the Indiana Supreme Court. At issue in Auto-Owners Insurance Company v. Bank One, et al., No. 49S04-0701-CV-27 is whether Bank One violated Section 405 of the Indiana Uniform Commercial Code by not exercising ordinary care when it allowed Kenneth B. Wulf to open a fraudulent account. Wulf was a resident adjustor for...
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Northern District seeks comment on local rule

January 1, 2008
IL Staff
The U.S. District Court for Northern District of Indiana is accepting public comment on the revision of Local Rule 72.1 - again. The Local Rules Advisory Committee recommended the revision of the local rule and had a period of public comment. Due to a clerical error, the revision of the rule wasn't completed. Now, the corrected proposed Local Rule 72.1 is available free of charge at www.innd.uscourts.gov or at the Northern District Court's divisional offices. Comments will be accepted through Sept....
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High court: 'Contact' must be clearly defined

January 1, 2008
Michael Hoskins
The Indiana Supreme Court has determined what kind of "contact" a convicted child molester can have without violating probation.In the court's 4-1 decision April 2 in Theron W. Hunter v. State of Indiana, No. 69S01-0708-CR-332, the justices reversed Ripley Circuit Judge Carl Taul's 2006 ruling to revoke Hunter's probation. The case is remanded with instruction to reinstate the probation.Hunter was convicted in 2000 of felony child molesting and sentenced to eight years, with four years suspended. He was released in July 2006 and placed...
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Court: Company must pay for suit

January 1, 2008
Jennifer Nelson
The Indiana Court of Appeals has ordered a company that brought a frivolous lawsuit to pay for the attorney fees and other costs of the defending party. In Natare Corporation v. Cardinal Accounts, Inc., 49A05-0704-CV-210, the Court of Appeals granted Natare's motion to tax costs regarding a suit against them brought by Cardinal Accounts. The trial court reinstated Cardinal's complaint, which sat in limbo for months because Cardinal made no action in the case. When Natare appealed the complaint, the Court of...
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Judges go back to school

January 1, 2008
Michael Hoskins
If your local judge wasn't on the bench the latter part of the week, it may be that he or she took some time to go to judicial school. The 2008 Spring Judicial College was Wednesday through today, offering jurists statewide a chance to brush up on certain areas of law or particular issues of interest. An estimated 250 Hoosier jurists converged on Indianapolis, coming and going for some or all of the annual college, Chief Justice Randall T. Shepard said."It's...
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Judges affirm juvenile adjudication case

January 1, 2008
Michael Hoskins
A 17-year-old male drove by the Indiana State Fairgrounds in a sports car last year with DVD-recorded nude and sexually explicit scenes playing on a video screen visible from the rearview window.Today, the Indiana Court of Appeals affirmed his adjudication as a delinquent juvenile for disseminating matter harmful to minors, an offense that would be a felony if committed by an adult. The court held that minors had visible access to the videos and that was sufficient evidence.In M.S. v. State...
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State must arbitrate with tobacco companies

January 1, 2008
Jennifer Nelson
States involved in a settlement agreement with certain tobacco companies to recover health care costs for smoking-related illnesses must participate in a single, national arbitration panel when arbitrating issues, ruled the Indiana Court of Appeals today. In State of Indiana, ex rel., Stephen R. Carter, Attorney General of Indiana v. Philip Morris Tobacco Company, et al., No. 49A02-0706-CV-494, the state appealed the trial court order requiring Indiana to arbitrate with Philip Morris and other tobacco companies the decision of the independent auditor...
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  1. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  2. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  3. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  4. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  5. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

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