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Justices: No drunk driving on private property

April 9, 2009
Jennifer Nelson
A person driving drunk can be arrested even if they are driving on private property, including their own property, ruled the Indiana Supreme Court Wednesday.
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Appeals court rules on payday-loan interest

April 9, 2009
Jennifer Nelson
Even though the Indiana Court of Appeals concluded a business that provides cash advances waived its claim of right to recover for breach of contract, the judges still considered whether the company could recover a payment with more than 300 percent interest tacked on to it.
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Court reverses interstate surrogate adoption

April 9, 2009
Jennifer Nelson
The Indiana Supreme Court reversed an adoption order granted to a New Jersey man of twin girls born by a surrogate in Indianapolis, ruling the Indiana trial court failed to comply with the Interstate Compact on the Placement of Children.
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Former municipal judge, legal aid counsel dies

April 8, 2009
Jennifer Nelson
A former Marion Municipal Court judge and general counsel of the Indianapolis Legal Aid Society died Monday at the age of 93.
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Judges disagree on estoppel claim

April 8, 2009
Jennifer NelsonMore

Senate gets St. Joe judges bill, with twist

April 8, 2009
Michael Hoskins
The full Indiana Senate will consider in the next week whether St. Joseph Superior judges should be elected or merit-selected and retained by voters. A Senate committee wants the full legislative body to consider that issue, but with a twist: An amendment has been attached to the controversial House Bill 1491.
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Justices uphold death sentence

April 7, 2009
Michael Hoskins
The Indiana Supreme Court has upheld the sentence for a man sentenced to die for the 2001 rape and murder of a 15-year-old girl in southern Indiana.
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Use of bench warrants still not certain

April 7, 2009
Michael Hoskins
Attorneys have settled a federal case that led to the Marion Superior Court scrapping its practice of issuing bench warrants for the arrest of people who'd failed to appear in civil cases, but a statewide investigation of whether state law allows judges to issue these warrants remains ongoing.
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Single larceny rule doesn't apply in case

April 7, 2009
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a man's petition for post-conviction relief, finding the defendant's trial counsel wasn't ineffective for arguing a single larceny rule defense because it wasn't applicable in this case.
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Need remains for GAL/CASA help in Indiana

April 7, 2009
IL Staff
While more than 4,000 Indiana children remain on a waiting list for advocates in cases that involve abuse and neglect, Guardian Ad Litem/Court Appointed Special Advocates programs recruited and trained 911 new volunteers, a 50 percent increase from 2007, according to the 2008 statewide Court Appointed Special Advocates statistics made available today.
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High court rules on recovery issue

April 7, 2009
Jennifer Nelson
Under the statute governing the wrongful death of an unmarried adult with no dependents, the amount recoverable for reasonable medical and hospital expenses necessitated by the alleged wrongful conduct is the total amount ultimately accepted after contractual arrangements with an insurer, Medicare, or Medicaid, and not the total of the charges billed, the Indiana Supreme Court ruled today.
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House OKs feticide bill, sends back to Senate

April 7, 2009
Michael Hoskins
Legislation that would increase the penalty for fetal homicide has made it through the Indiana House of Representatives, and now must go back for approval in the Senate where it originated since some changes were made.
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Indiana firm opens Atlanta office

April 6, 2009
Elizabeth Brockett
Barnes & Thornburg, one of the largest Indiana-based law firms, has opened an office in Atlanta.
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Comment sought on copyright jury instructions

April 6, 2009
IL Staff
The 7th Circuit Pattern Jury Instruction Committee and Copyright Subcommittee are seeking public comment on proposed copyright pattern civil jury instructions for the court.
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COA to hear insurance, attorney fee cases

April 6, 2009
IL Staff
A panel of Indiana Court of Appeals judges will hear arguments Tuesday in Evansville in an insurance coverage case while another panel in Indianapolis will hear arguments in a case involving the division of attorney fees.
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Lecture to focus on mortgage crisis' impact

April 6, 2009
IL Staff
A University of Cambridge legal scholar will offer his thoughts on the U.S. mortgage crisis during the 2009 Snyder Lecture at Indiana University Maurer School of Law  Tuesday.
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Supreme Court grants 3 transfers

April 3, 2009
Jennifer Nelson
The Indiana Supreme Court granted three transfers Thursday to cases involving what manner an appellate court could reverse a revocation of probation, how to calculate guardian ad litem fees, and whether there is a rebuttable presumption that children ages 7 through 14 can't be found contributorily negligent.
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Attorney didn't commit conversion, malpractice

April 3, 2009
Jennifer Nelson
The Indiana Court of Appeals today affirmed the dismissal of conversion and legal malpractice claims filed in LaPorte County against an Illinois attorney following the settlement of a wrongful death claim in Illinois.
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Seminar, CLE on Criminal Justice Act

April 2, 2009
IL Staff
The Indiana Federal Community Defenders will host a seminar for attorneys interested in joining the Criminal Justice Act panel of attorneys to represent indigent clients accused of crimes against the United States.
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Federal judicial nomination hearing draws crowd

April 2, 2009
Michael Hoskins
The Senate Judiciary Committee considered U.S. District Judge David F. Hamilton's nomination for the 7th Circuit Court of Appeals at a Wednesday afternoon hearing.
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Judges: Vehicle stop by cops reasonable

April 2, 2009
Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man's illegal gun possession conviction, ruling the South Bend Police officer who made the traffic stop had reasonable suspicion the car may be linked to a shooting in an apartment complex.
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No vote yet on St. Joe judges bill

April 1, 2009
Michael Hoskins
An Indiana Senate committee debated this morning a bill that would make it so St. Joseph Superior judges are elected rather than chosen by merit selection and later retained by voters.
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Justices affirm cop killer's death sentence

April 1, 2009
Michael Hoskins
A man sentenced to die for fatally shooting a Morgan County sheriff's deputy in 2001 will remain on death row despite his appellate claims he's mentally ill and not eligible for execution.
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Comment sought on ADR rule changes

April 1, 2009
IL Staff
Changes may be coming to the rules governing Alternative Dispute Resolution in Indiana.
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Senate Judiciary holds nomination hearing

April 1, 2009
Michael Hoskins
A busy Congressional calendar has caused the U.S. Senate Judiciary Committee to move its nomination hearing to a room without cameras, which leaves Indiana's legal community in the dark about an Indianapolis-based federal judge's nomination for the 7th Circuit Court of Appeals.
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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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