Legal News

Indy law renamed in honor of $24 million donor

December 1, 2011
Jennifer Nelson
Effective today, the Indiana University School of Law – Indianapolis will be called Indiana University Robert H. McKinney School of Law.
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7th Circuit affirms ruling against woman kicked out of public housing

December 1, 2011
Jennifer Nelson
A woman who challenged the Housing Authority of South Bend’s decision to terminate her lease for federally subsidized public housing because of criminal activity lost her appeal before the 7th Circuit Court of Appeals.
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Appellate court upholds criminal recklessness conviction

December 1, 2011
Jennifer Nelson
The Indiana Court of Appeals determined there was sufficient evidence to uphold a man’s conviction of criminal recklessness regarding his firing of a gun.
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Court seeks comment on changes to civil local rules

December 1, 2011
IL Staff
The U.S. District Court, Southern District of Indiana, is seeking comment on proposed amendments to dozens of its local rules. If adopted, the amendments will become effective Jan. 1, 2012.
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Technical issues interrupt COA webcasts

November 30, 2011
IL Staff
The Indiana Court of Appeals will not have any webcast videos, and potentially no audio, for at least several days, the court announced Wednesday.
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'Inextricably intertwined' exception appropriate under state constitution

November 30, 2011
Jennifer Nelson
The Indiana Supreme Court ruled Wednesday that under Article 1, Section 13 of the Indiana Constitution, the right to counsel is violated only where a different offense is inextricably intertwined with the charge on which counsel is already representing the defendant.
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Judges find ex post facto claim waived

November 30, 2011
Jennifer Nelson
The man who raised a constitutional challenge to the propriety of his conviction of failing to register as a sex offender waived his ex post facto claim when he entered into a plea agreement, the Indiana Court of Appeals held Wednesday.
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Changes to federal courts effective Thursday

November 30, 2011
IL Staff
Several changes are coming to the United States Bankruptcy Court for the Southern District of Indiana and the U.S. District Court in the Northern District of Indiana Thursday.
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Application process open for federal defense panel

November 30, 2011
IL Staff
The United States District Court for the Southern District of Indiana is accepting applications from attorneys interested in serving on the court’s Criminal Justice Act panel for the Indianapolis and Terre Haute divisions.
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Majority reverses Hopper advisement created last year

November 29, 2011
Jennifer Nelson
A divided Indiana Supreme Court has reversed its 2010 decision to require pro se defendants be informed about the dangers of pleading guilty without an attorney. Two of the justices who originally voted to create the “Hopper advisement” found themselves in the minority on the high court’s decision on rehearing.
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Marion County judge admonished for fundraising flyer

November 29, 2011
Michael Hoskins
The Indiana Commission on Judicial Qualifications has admonished a Marion Superior judge for mailing a questionable re-election fundraising flyer that it says put the judiciary in a negative light and implied that justice is for sale.
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COA addresses impact of guilty pleas on immigration status

November 28, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a man’s petitions for post-conviction relief, finding his attorneys’ failure to advise him of adverse immigration consequences of pleading guilty did not prejudice his defense.
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Appellate judges travel to Indianapolis high school

November 28, 2011
IL Staff
The Indiana Court of Appeals will hear arguments in Christopher Bryant v. State of Indiana Tuesday at Lawrence North High School in Indianapolis.
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Judge grants limited class certification in stage collapse lawsuit

November 28, 2011
Michael Hoskins
While she said she doubts the plaintiffs can win their case, U.S. Judge Sarah Evans Barker is allowing limited class certification in a lawsuit challenging the state’s $5 million damage liability cap. Plaintiffs incurred injuries in the Indiana State Fair stage collapse Aug. 13.
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7th Circuit cautions against 'ostrich-like' advocacy

November 23, 2011
Michael Hoskins
Warning appellate lawyers not to ignore precedent, a 7th Circuit Court of Appeals decision today issues a short but clear message to not use “ostrich-like” tactics when briefing and arguing cases.
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COA delves into grammar in reversing trial court

November 23, 2011
Jenny Montgomery
The Indiana Court of Appeals issued three opinions Wednesday that dissect the grammar of a state statute in reversing a trial court’s decision regarding sentence enhancements.
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7th Circuit rules on Indiana's prison grievance process

November 23, 2011
Michael Hoskins
Addressing a question for the first time about prison inmate complaints, the 7th Circuit Court of Appeals held that a prisoner's participation in internal affairs investigations isn’t an alternative for the administrative process an inmate must follow in filing a grievance.
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Supreme Court rules town can regulate aquifer's water use

November 23, 2011
Michael Hoskins
Underground aquifers are “watercourses” as defined by state law and as a result the Indiana Supreme Court says community officials have the ability to reasonably regulate how that water is taken out and used by other local governments.
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Holiday court closures, bankruptcy court changes

November 23, 2011
IL Staff
Indiana’s courts will be closed Thursday in honor of Thanksgiving. However, some court offices will be available to handle emergencies on Friday.
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Starting over

November 23, 2011
Jenny Montgomery
Project GRACE helps ex-offenders overcome barriers to employment.
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Targeting stolen moneyRestricted Content

November 23, 2011
Michael Hoskins
AG says lawsuits against  public officials show need  for better oversight.
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Unifying Indiana courtsRestricted Content

November 23, 2011
Michael Hoskins
Unification of courts is leading to greater efficiency and cooperation.
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Year-end rush for CLE set to begin

November 23, 2011
Jenny Montgomery
Bar associations and law firms prepare for the year-end CLE rush.
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Stopped short

November 23, 2011
Jenny Montgomery
State tuition law creates chasm between undocumented immigrants and college.
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Judge rejects dental coverage cap

November 23, 2011
Michael Hoskins
Ruling puts Medicaid dental program in jeopardy.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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