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Senator’s push for constitutional convention passes committee

February 20, 2013
IL Staff
Senate President Pro Tem David Long’s legislative initiative calling for a convention to propose amendments to the U.S. Constitution advanced out of the Committee on Rules and Legislative Procedure Tuesday.
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Justices take juvenile sex offender case

February 19, 2013
IL Staff
The Indiana Supreme Court accepted just one case on transfer last week, that of a Lawrence County teen who was ordered to register as a sex offender.
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Bill restricting social media access for sex offenders passes Senate

February 19, 2013
IL Staff
Senate Bill 347, introduced to rectify issues brought up by the 7th Circuit Court of Appeals when it struck down an existing law regulating social media use by registered sex offenders, passed the Senate Monday by a vote of 49-0.
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Justices order new trial for man tried in absentia

February 19, 2013
Jennifer Nelson
A North Carolina man who was convicted of two counts of Class C felony neglect of a dependent by an Elkhart Superior Court while the defendant was on a bus on the way to court will get a new trial, the Indiana Supreme Court concluded Tuesday.
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Man facing deportation loses 2 appeals

February 18, 2013
Jennifer Nelson
A citizen of Ecuador who has lived in the U.S. since he was one year old was unable to convince the Indiana Court of Appeals in separate cases that his counsel’s failure to inform him of the possible deportation consequences of pleading guilty to a crime should result in post-conviction relief.
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Decision could come soon on Don Marsh severance claim

February 18, 2013
Scott Olson
Don Marsh shouldn’t have to wait long to find out if he can collect his entire $4 million severance or whether he’ll have to return the portion he’s already received from Marsh Supermarkets Inc.
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Pro se defendant wins reversal of restitution order

February 18, 2013
Jennifer Nelson
A defendant ordered to repay more than $19,000 that a drug task force spent to investigate his methamphetamine manufacturing will not have to make restitution because the state isn’t a victim under the restitution statute, the Indiana Court of Appeals ruled.
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Long’s constitutional convention legislation before committee Tuesday

February 18, 2013
IL Staff
Senate President Pro Tempore David Long’s resolution and two companion bills calling for states to gather to amend the U.S. Constitution to limit the commerce clause and federal taxing authority will be heard before the Committee on Rules and Legislative Procedure Tuesday.
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Indiana farmer’s case goes before the SCOTUS Tuesday

February 18, 2013
IL Staff
U.S. justices will hear arguments Tuesday morning in the lawsuit brought by Monsanto Co. against Knox County farmer Vernon Hugh Bowman alleging patent infringement.
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7th Circuit Bar seeks Indiana attorneys to honor

February 18, 2013
IL Staff
Each year, the 7th Circuit Bar Association honors members of the legal profession for their pro bono and public service work who are from the host state of the association’s annual meeting. Indiana is hosting the meeting May 5-7 in Indianapolis.
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Woman hit by foul ball strikes out at Court of Appeals

February 15, 2013
Jennifer Nelson
A baseball organization in Lake County is not liable for the injuries a fan suffered when she was hit in the face by a foul ball during a game, the Indiana Court of Appeals ruled Friday.
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COA split on whether judge can order community service in lieu of fines

February 15, 2013
Jennifer Nelson
Two judges on the Indiana Court of Appeals decided that a trial judge didn’t have statutory authority to order an indigent woman to perform community service instead of paying fines and costs of her case, ordering the court to address the issue of imposing fees and costs.
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Judges rule in favor of bank on request to end trust

February 15, 2013
Jennifer Nelson
A beneficiary of a trust couldn’t prove to the Indiana Court of Appeals that the purpose of the trust, created by her mother, was to benefit any grandchildren and because there are no grandchildren, the trust should be terminated.
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Legislation on judicial nominating commission members moves to House

February 15, 2013
Jennifer Nelson
A bill that would require the governor to appoint nonattorney members to the Judicial Nominating Commission from a list of legislator-approved candidates passed the Senate 46-2 Thursday.
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Allen Superior judge to retire in April

February 15, 2013
IL Staff
Judge Stephen M. Sims of Allen Superior Court announced Thursday he will retire April 26 after nearly 20 years on the bench.
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Brown, first African-American elected to statewide office, dies

February 15, 2013
IL Staff
Dwayne M. Brown, 50, the first African-American and youngest person elected to statewide office, died Feb. 12. He served as clerk of the Indiana appellate courts before being removed from office in 1994 amid allegations of ghost employment and sexual harassment.
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Indianapolis police officer’s trial moved to Allen County

February 15, 2013
IL Staff
The trial of David Bisard, the Indianapolis Metropolitan Police Department officer accused of driving drunk and killing one motorcyclist and injuring two others, will be moved from Marion County to Allen County.
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Jury to begin deliberating in Don Marsh trial

February 15, 2013
Scott Olson
A jury is expected to begin deliberating Friday afternoon whether Don Marsh owes Marsh Supermarkets Inc. more than $3 million in personal expenses he allegedly charged the company while he was CEO.
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Rejection of garnishment request upheld

February 14, 2013
Jennifer Nelson
A collection company seeking to garnish a woman’s wages in order to satisfy an alleged $1,800 debt was unable to convince the Indiana Court of Appeals that the trial court had to issue the garnishment order.
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Judge-backed court staff attorney pilot program bill moves out of committee

February 14, 2013
Jennifer Nelson
Legislation that would create a pilot program administered by the Indiana Judicial Center to assist trial courts when preparing and writing certain motions moved out of the House Committee on Courts and Criminal Code 11-0.
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Judges affirm defendant must register as sex offender as part of probation

February 14, 2013
Jennifer Nelson
A defendant who was convicted of robbery and rape, but whose rape conviction was vacated on double jeopardy concerns, can still be required to register as a sex offender as a condition of his probation, the Indiana Court of Appeals affirmed Thursday.
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Defendant received ineffective trial counsel assistance in murder case

February 14, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a Delaware County man’s post-conviction relief petition finding his trial attorney was ineffective in not ensuring the jury was properly instructed on the elements of murder, voluntary manslaughter and the state’s burden of proof regarding sudden heat.
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Senate president calling for constitutional convention to protect states’ rights

February 14, 2013
Marilyn Odendahl
Declaring that states’ rights are being trampled and the 10th Amendment is in shambles, the leader of the Indiana Senate is calling for a “gathering of states” to amend the U.S. Constitution.
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7th Circuit orders proposed plan of reorganization open to competitive bidding

February 14, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a Southern District Bankruptcy judge Thursday, finding the judge incorrectly ruled that competition was unnecessary in a plan of reorganization involving a shopping center.
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Witnesses: Don Marsh’s expenses never questioned

February 14, 2013
Scott Olson
Lawyers for Don Marsh continue to hammer home their claims that the former supermarket CEO's expenses for lavish travel were widely accepted as normal business costs.
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  1. Oh, the name calling was not name calling, it was merely social commentary making this point, which is on the minds of many, as an aside to the article's focus: https://answers.yahoo.com/question/index?qid=20100111082327AAmlmMa Or, if you prefer a local angle, I give you exhibit A in that analysis of viva la difference: http://fox59.com/2015/03/16/moed-appears-on-house-floor-says-hes-not-resigning/

  2. Too many attorneys take their position as a license to intimidate and threaten non attorneys in person and by mail. Did find it ironic that a reader moved to comment twice on this article could not complete a paragraph without resorting to insulting name calling (rethuglican) as a substitute for reasoned discussion. Some people will never get the point this action should have made.

  3. People have heard of Magna Carta, and not the Provisions of Oxford & Westminster. Not that anybody really cares. Today, it might be considered ethnic or racial bias to talk about the "Anglo Saxon common law." I don't even see the word English in the blurb above. Anyhow speaking of Edward I-- he was famously intolerant of diversity himself viz the Edict of Expulsion 1290. So all he did too like making parliament a permanent institution-- that all must be discredited. 100 years from now such commemorations will be in the dustbin of history.

  4. Oops, I meant discipline, not disciple. Interesting that those words share such a close relationship. We attorneys are to be disciples of the law, being disciplined to serve the law and its source, the constitutions. Do that, and the goals of Magna Carta are advanced. Do that not and Magna Carta is usurped. Do that not and you should be disciplined. Do that and you should be counted a good disciple. My experiences, once again, do not reveal a process that is adhering to the due process ideals of Magna Carta. Just the opposite, in fact. Braveheart's dying rebel (for a great cause) yell comes to mind.

  5. It is not a sign of the times that many Ind licensed attorneys (I am not) would fear writing what I wrote below, even if they had experiences to back it up. Let's take a minute to thank God for the brave Baron's who risked death by torture to tell the government that it was in the wrong. Today is a career ruination that whistleblowers risk. That is often brought on by denial of licenses or disciple for those who dare speak truth to power. Magna Carta says truth rules power, power too often claims that truth matters not, only Power. Fight such power for the good of our constitutional republics. If we lose them we have only bureaucratic tyranny to pass onto our children. Government attorneys, of all lawyers, should best realize this and work to see our patrimony preserved. I am now a government attorney (once again) in Kansas, and respecting the rule of law is my passion, first and foremost.

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