Legal News

COA: Judge can cite statutes and facts not in CHINS petition

July 6, 2011
Michael Hoskins
The Indiana Court of Appeals has found that a Hendricks Superior judge didn’t step outside his authority when referencing statutes and facts not specifically cited in a Department of Child Services petition alleging two minor boys were Children in Need of Services.
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Supreme Court suspends Gary attorney

July 6, 2011
Jenny Montgomery
The Indiana Supreme Court has suspended a Gary attorney who has been the subject of suspension or reprimand three times since 1992.
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Court awarding grants for CHINS, parental termination programs

July 6, 2011
IL Staff
The Indiana Court Improvement Project is giving out up to $350,000 in grants aimed at helping children and families who are navigating through the state’s child welfare system.
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Are you a happy lawyer?

July 6, 2011
Kelly Lucas
Are they unhappy as lawyers, or are they just unhappy with the direction their legal careers have taken? A recent poll by the Indiana Lawyer asked the question, “If you had it all to do over again, would you still become a lawyer?” Results revealed that less than half could affirmatively say they were happy in their chosen profession.
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What are lawyers' pet peeves when it comes to legal writing?

July 6, 2011
Jenny Montgomery
In April, a Missouri attorney filed an eight-page motion seeking clarification of the opposing counsel’s pleading. Attorney Richard D. Crites criticized his opponent’s grammar, use of apostrophes, and lack of detail, writing in his motion that the pleading “is the worst example of pleading that Defendant’s attorney has ever witnessed or read.”
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The merits of medical patents

July 6, 2011
Jenny Montgomery
In April, the U.S. Court of Appeals for the Federal Circuit heard arguments in a case that raises fundamental questions about the patentability of human genes. In June, the U.S. Supreme Court agreed to take on a patent case in which the central issue is the patentability of a medical process. Both cases could have far-reaching effects – in medicine, in law, and in academia.
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Lawmakers examine issues raised in Barnes

July 6, 2011
Michael Hoskins
As the Indiana Supreme Court decides whether it will revisit a controversial ruling that’s generated public protest since it came down in May, legislators are discussing what they might do to reduce the impact of the justices’ ruling on resisting police entry into one’s home.
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Defining decisions on legal lexicon

July 6, 2011
Michael Hoskins
A single word might determine the fate of a case before one of Indiana’s highest courts, so it’s no surprise that judges will often turn to dictionaries to help interpret what a word and statute might mean.
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I-9 audits present legal concerns for businesses

July 6, 2011
Jenny Montgomery
Indiana’s chapter of the National Federation of Independent Business issued a press release June 23, urging Indiana businesses to prepare for I-9 audits. U.S. Immigration and Customs Enforcement has stepped up its audits of businesses nationwide in an effort to crack down on the employment of unauthorized immigrant workers.
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Indiana judges to present at pro bono event

July 6, 2011
IL Staff
Indiana Supreme Court Justice Frank Sullivan, appellate Judge Nancy Vaidik and lawyers and judges from Pro Bono District One will be among the presenters at a daylong event July 22 at Valparaiso University School of Law. The event, “A Potpourri of Timely Topics,” is co-sponsored by the law school and NWI Volunteer Lawyers.
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Legal trend utilizes AG experience

July 6, 2011
Michael Hoskins
When he was the state’s top prosecutor, former Indiana Attorney General Jeff Modisett saw the beginning of a trend that’s now become a focus of his practice.
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Federal anti-streaming bill has broad implications

July 6, 2011
Michael Hoskins
Putting a video on YouTube and embedding that video onto another site could be all it takes to commit a felony under a statutory amendment before the U.S. Senate.
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Video game maker wins IP suit

July 6, 2011
Michael Hoskins
U.S. District Judge Jane Magnus-Stinson shot down a lawsuit brought by heirs of bank robber John Dillinger that challenges how his name is used in video games based on the movie “The Godfather.”
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Indiana Bar Foundation announces new board

July 6, 2011
IL Staff
New Albany attorney J. Mark Robinson has been named president-elect of the Indiana Bar Foundation, and Michael Bishop will become the new board president. The positions were named at the foundation’s June 17 meeting.
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The law of art

July 6, 2011
Jenny Montgomery
Katie Zarich, deputy director of public affairs for the Indianapolis Museum of Art, had worked for the IMA for a year when she decided to go to law school. She applied only to Indiana University School of Law-Indianapolis, knowing that she wanted to continue working for the museum as she attended class at night.
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Hammond traffic judge faces misconduct charges

July 6, 2011
Michael Hoskins
Hammond City Judge Jeffrey A. Harkin faces three misconduct charges for operating an illegal traffic school deferral program and dismissing cases without collecting required fees, as well as dissuading one litigant from contesting a seatbelt violation in court.
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Justices keep pace with past years' activity

July 5, 2011
Michael Hoskins
In the final days before its fiscal calendar year ended, the Indiana Supreme Court kept pace with past years’ activity levels.
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Pharmacy group sues over state's Medicaid fee cut

July 5, 2011
Michael Hoskins
A non-profit group for local pharmacies statewide is suing the state’s Medicaid office in federal court, attempting to block cuts to the fees given to local pharmacies participating in the Medicaid program.
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Indiana securities attorney dies

July 5, 2011
Michael Hoskins
Prominent Indiana trial attorney Thomas A. Hargett, who obtained a $262 million jury verdict against a securities company nearly a decade ago, died last week after battling cancer.
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New law allows for restricted record access for certain crimes

July 1, 2011
Michael Hoskins
A change in state law that starts Friday allows non-violent offenders to have their criminal records sealed for misdemeanor and Class D felonies. An Indianapolis man is already filing a petition asking the Marion Superior Court to limit access to records involving two money conversion convictions.
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Permanent retroactivity applied to crack-cocaine sentence reductions

July 1, 2011
Michael Hoskins
Thousands of federal inmates nationally and more than 200 from Indiana could get time shaved off their prison terms for crack-cocaine convictions, after the U.S. Sentencing Commission voted to make reductions retroactive starting later this year.
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Appeals court reverses District Court on overtime pay

July 1, 2011
Jenny Montgomery
The 7th Circuit Court of Appeals has reversed a District Court’s finding that a tow truck driver was not entitled to overtime pay.
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Anti-terrorism simulation documentary wins Emmy Award

July 1, 2011
IL Staff
A documentary about the 2009 anti-terrorism simulation exercise hosted by Indiana University School of Law-Indianapolis won an Emmy Award.
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Hammond traffic judge faces misconduct charges

June 30, 2011
Michael Hoskins
Hammond City Judge Jeffrey A. Harkin faces three misconduct charges for operating an illegal traffic school deferral program and dismissing cases without assessing required fees, as well as dissuading one litigant from contesting a seatbelt violation in court.
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Court orders new arson trial

June 30, 2011
Jennifer Nelson
The Indiana Court of Appeals ordered a new trial for a man convicted of arson because the trial court erred in letting the state amend the charging information after it had read the original charges to the jury.
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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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