Legal News

Longtime Kosciusko County judge dies

July 22, 2011
IL Staff
A former judge in Kosciusko County died Wednesday. Hon. C. Robert “Bob” Burner was 81.
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Circuit Court affirms admission of drugs, sentence

July 22, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals rejected a man’s argument that his past conviction of vehicular flight isn’t a crime of violence, citing a recent decision by the United States Supreme Court on that matter.
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Judge approves proposed settlement agreement

July 22, 2011
Jennifer Nelson
A federal judge has approved a proposed settlement agreement in a class-action lawsuit against the Indiana Family and Social Services Administration alleging that an agency policy that doesn’t allow certain Medicaid waiver enrollees to apply for services other than what’s been approved by their case manager is in violation of federal Medicaid law.
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Former appellate court judge dies

July 21, 2011
Jenny Montgomery
The Hon. Robert H. Staton, who was an Indiana appeals court judge for nearly 30 years, died July 18. He was 86.
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7th Circuit finds remand to be unreviewable

July 21, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals looked at the issues of removal and remand in the context of bankruptcy in a case July 21 and found the bankruptcy court’s decision to remand a case to state court is unreviewable.
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Justices reduce sentence of man found asleep in office

July 21, 2011
Jennifer Nelson
Four of the five Indiana Supreme Court justices decided that the man found asleep in the waiting room of a dental office – who had an empty handgun on him – should only be sentenced to 20 years for the crime instead of 40 years.
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Valparaiso professor to receive animal law award

July 21, 2011
IL Staff
Valparaiso University School of Law Professor Rebecca J. Huss will be given the Excellence in the Advancement of Animal Law Award at the American Bar Association’s annual meeting in August.
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Indiana man takes lawyer-admission case to 7th Circuit

July 20, 2011
Michael Hoskins
A Fort Wayne man who claims he’s being prevented from becoming an Indiana attorney because of his religious beliefs is asking the 7th Circuit Court of Appeals to decide whether a lower federal court properly dismissed his case.
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Governor names new public access counselor

July 20, 2011
IL Staff
Gov. Mitch Daniels has appointed Joseph Hoage as Indiana public access counselor. He replaces Andrew Kossack, who recently resigned to take a position with the Indiana Department of Education.
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Trial court shouldn't have struck expert witness affidavit

July 20, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed summary judgment for a doctor in his attempt to collect an unpaid medical bill, finding the trial court erred when it struck the affidavit of an expert witness designated by the defendant.
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COA rules man is not guilty by reason of insanity

July 20, 2011
Jennifer Nelson
Examining the issue of whether a defendant’s mental disease brought on by years of drinking could support an insanity defense, the Indiana Court of Appeals concluded the man’s psychosis was a mental defect under Indiana Code and he should have been found not guilty by reason of insanity.
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Fight over judicial salaries raises separation of powers questionsRestricted Content

July 20, 2011
Michael Hoskins
Questions arise as to whether legislative or executive branch tinkering with judicial salaries interferes with the courts’ constitutional duties and infringes on judicial independence.
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Ruling against local planning, zoning officials has statewide implicationsRestricted Content

July 20, 2011
Michael Hoskins
Deciding where the planes fly in or out of an airport and how land and buildings are used on airport grounds became the pivotal issue in a recent lawsuit in Marion Superior Court.
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Class action alleges UPLRestricted Content

July 20, 2011
Michael Hoskins
The plaintiffs' lawyers will use the United Financial decision from the Indiana Supreme Court to make their argument.
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Law school unveiling joint JD/MD degree

July 20, 2011
Jenny Montgomery
Indiana University School of Law – Indianapolis and the IU School of Medicine have partnered to create the first joint JD/MD degree program in the state. Educators are fine-tuning the details of the program and plan to begin promoting it soon.
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Hail creates firestorm for State Farm

July 20, 2011
Michael Hoskins
Hailstorm damages more than property, resulting in $14.5 million defamation verdict against the insurer.
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Lawyers look to Internet, social media for cluesRestricted Content

July 20, 2011
Jenny Montgomery
Surveying social media is becoming more common in trial preparation.
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SCOTUS asked to hear stun-belt case

July 20, 2011
Michael Hoskins
When the Supreme Court of the United States returns for its new term beginning in October, Indiana will likely learn whether the high court will hear a case relating to a stun-belt restraint used here during a convicted murder’s trial.
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Appellate judges rule on court warrant officer's claim

July 19, 2011
Michael Hoskins
The Indiana Court of Appeals ruled an Anderson City Court judge didn’t wrongly reassign a police warrant officer from his courtroom because the two didn’t share an employee-employer relationship that would allow for a suit under the Indiana Wage Claim Statute.
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Golf course manager suing DuPont over herbicide

July 19, 2011
Scott Olson
An Indianapolis-based golf course manager is leading a national class-action lawsuit charging that a herbicide manufactured by DuPont is killing trees and other vegetation.
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Circuit Court upholds ban on pen-pal solicitation by inmates

July 19, 2011
Jennifer Nelson
The First Amendment rights of Indiana inmates aren’t being violated by a ban instituted by the Department of Correction on advertising for pen-pals and receiving materials from resources that allow people to advertise for pen-pals, the 7th Circuit Court of Appeals held Tuesday.
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New program to study mediation in custody disputes

July 19, 2011
IL Staff
A joint project between the University of Notre Dame Law School’s legal aid clinic and the College of Arts and Letters’ Center for Children and Families will examine the effectiveness of mediation in child custody disputes – specifically the success of educational programs required by the courts and whether the type of mediation used makes a difference.
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Appeals court splits on new sentence modification issue

July 18, 2011
Jennifer Nelson
An inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced, not re-resentenced after a successful appeal.
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Judge: Man did not commit attempted child exploitation

July 18, 2011
Jennifer Nelson
The Indiana Court of Appeals split on whether a man committed attempted child exploitation when he tried to take pictures up teenagers’ skirts at a mall using a camera attached to his shoe.
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Foster Family day July 20 at museum

July 18, 2011
IL Staff
The Indiana Department of Child Services is teaming up with the Indianapolis Colts and The Children’s Museum of Indianapolis for an event for Indiana foster families July 20. Licensed foster families will receive free admission and will be able to visit with the Colts’ mascot and get autographs from Colts cheerleaders.
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  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

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  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

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