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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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Courthouse construction to begin in summer

January 1, 2008
Jennifer Nelson
Construction is set to begin this summer on the new federal courthouse in Terre Haute. The project is expected to be complete by summer 2009. The new courthouse will have 14,000 square feet of rentable space and will house the U.S. District Court for the Southern District of Indiana, U.S. Bankruptcy Court for the Southern District, clerks' offices for both courts, U.S. Attorney's Office for the Southern District, U.S. Probation Office, and U.S. Marshals Service. U.S. General Services Administration spokesperson David...
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Marion County senior judge dies

January 1, 2008
IL Staff
A former Marion Superior judge and deputy prosecutor died May 2 after a long battle with cancer. Judge John R. "Jack" Barney Jr., 73, also served as a senior judge for Marion Circuit and Superior courts.Judge Barney, an Indianapolis native, earned his law degree from Indiana University School of Law in 1962 and joined his father's law firm, Barney & Hughes, after graduation. He practiced at the firm, which later became Barney & Barney, until 1984. Judge Barney was a Marion...
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Commission publicly admonishes Circuit judge

January 1, 2008
IL Staff
A Carroll Circuit judge received a public admonition from the Indiana Commission on Judicial Qualifications today in lieu of filing formal disciplinary proceedings. Hon. Donald Currie was arrested in December 2007 for public intoxication after a police officer saw the judge outside of his car near Interstate 65 in Boone County. The judge pleaded guilty to the Class B misdemeanor in Boone Circuit Court and is currently serving a one-year probationary sentence in Boone County. According to the public admonition, both...
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State bar seeks board nominations

January 1, 2008
IL Staff
The Indiana State Bar Association is looking for interested members to fill vacancies on its Board of Governors. Letters of interest to be considered for a nomination are due to the state bar by March 28.Seven districts have vacancies for the term October 2008 through October 2010: districts 2, 3, 6, 7, 8, 9, and 11. Letters of interest and resumes no longer than two pages in length should be sent to Richard S. Eynon, ISBA Nominating Committee, Indiana State Bar...
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COA: Rescue doctrine applies to injured man

January 1, 2008
Jennifer Nelson
In an issue that hasn't been decided by Indiana courts, the Court of Appeals ruled that the "rescue doctrine" applies to people who are injured after stopping to help direct traffic after a car accident or other traffic issue. There is no clear answer in Indiana caselaw or other jurisdictions as to whether someone who helps direct traffic is considered a "rescuer" entitled to a rescue doctrine jury instruction, wrote Judge Michael Barnes in Star Transport, Inc. and Jeffrey Cottingham v. Hervey...
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COA: OK counsel didn't raise Blakely claim

January 1, 2008
Jennifer Nelson
A defendant's appellate counsel was not ineffective for failing to raise a Blakely claim on appeal because raising the issue was outside his counsel's objective prevailing professional norms at the time, ruled a majority of an Indiana Court of Appeals panel today. However, the dissenting judge cited numerous examples of other counsel amending appeals with a Blakely claim during the same time period. In Steven Kendall v. State of Indiana, No. 49A05-0707-PC-391, Kendall appealed the denial of his post-conviction relief petition by...
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COA: Animal seizure allowed without warrant

January 1, 2008
Jennifer Nelson
Police and animal control officers were justified in removing malnourished animals from a property without a warrant, ruled the Indiana Court of Appeals today. The court also overturned a Bartholomew County man's convictions of neglect on four dead horses because of lack of evidence they died of neglect.In Terry Baxter v. State of Indiana, No. 03A04-0710-CR-596, Terry Baxter appealed his convictions of four counts of Class D felony failure to properly dispose of a dead animal, and 12 counts of Class...
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Southern District Court seeking comments

January 1, 2008
IL Staff
The U.S. District Court for the Southern District of Indiana wants to hear from you. The court is seeking public comment on the revision of certain local rules. The proposed revisions look to modify Local Rule 5.1 - general format of documents presented for filing, Local Rule 6.1 - extensions of time, and Local Rule 56.1 - summary judgment procedure. Changes have also been made regarding the discipline imposed by other courts, reinstatement, and the service of papers and other notices.The...
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Supreme Court grants 5 transfers

January 1, 2008
Jennifer Nelson
The Indiana Supreme Court granted five transfers within the past week to cases dealing with traffic stops, life insurance polices, unpaid medical expenses, modification of a custody order, and plea agreements. The high court granted transfer and released its opinion yesterday in Sergio Campos v. State of Indiana, No. 45S03-0804-CR-199, involving a traffic stop and Sergio Campos' arrest after police found drugs in the car. A story in today's Indiana Lawyer Daily covers the Campos case in more detail. The Supreme Court granted...
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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