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160 pass February bar exam

April 29, 2014
IL Staff
The Indiana Board of Law Examiners has released the names of the 160 people who passed the February 2014 bar exam.
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Plea bars man from credit for time served on electronic monitoring

April 28, 2014
Jennifer Nelson
Because a man entered into a plea agreement that he was not entitled to credit for the time he was on electronic monitoring as a condition of bond, the Indiana Court of Appeals affirmed his 14-year sentence.
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COA heads to northern Indiana for ‘Appeals on Wheels’

April 28, 2014
IL Staff
The Indiana Court of Appeals will travel to northern Indiana Wednesday to hear arguments in Lake and St. Joseph counties involving two criminal cases.
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Suspended lawyer warned against ‘frivolous’ pleadings

April 28, 2014
Dave Stafford
A federal judge has warned a suspended attorney to stop filing frivolous motions in an unsuccessful suit alleging police misconduct against the city of Gary and other defendants.
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Indy picks former GM site for new criminal justice complex

April 28, 2014
IBJ Staff
The city of Indianapolis announced April 25 that it is asking development teams to use part of the former GM Stamping Plant property west of downtown in its proposals for a new criminal justice center.
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Gambler scores partial victory before Tax Court

April 25, 2014
Jennifer Nelson
The Indiana Tax Court Thursday granted an alleged professional gambler’s motion to compel the Department of State Revenue to comply with nearly all of his discovery requests in his quest to deduct certain business expenses.
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Judges decline to revise man’s 60-year molestation sentence

April 25, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a man’s argument to revise his sentence for molesting the daughters of his ex-girlfriend to be served concurrently instead of consecutively because of his age and he is paraplegic.
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Bankruptcy filings drop in Indiana

April 25, 2014
IL Staff
Bankruptcy filings in the U.S. Bankruptcy Courts, Northern and Southern Districts of Indiana, fell for the 12-month period ending March 31 as compared to the same time in 2013, according to the United States Courts.
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COA reissues expungement opinion

April 24, 2014
Jennifer Nelson
The Indiana Court of Appeals reissued its decision finding the trial court should have granted a man’s petition for expungement. The court originally handed down the opinion in Taylor v. State, 45A03-1310-CR-406, April 17.
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Woman’s conviction for threatening apartment manager upheld

April 24, 2014
Jennifer Nelson
The Indiana Court of Appeals upheld a woman’s intimidation conviction Thursday, finding the evidence supports the charge that she threatened the manager of the apartment complex where she lived.
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Court upholds man’s molestation convictions

April 24, 2014
Jennifer Nelson
Finding no juror misconduct or any fundamental error in the admission of certain testimony during a man’s trial for molesting his daughter, the Indiana Court of Appeals upheld his multiple molestation convictions. He will also have to file a petition for post-conviction relief to challenge his habitual offender adjudication.
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ABA: Lawyers should not contact jurors through social media

April 24, 2014
Jennifer Nelson
Attorneys can look at a juror’s public Facebook page but shouldn’t message the juror through the Internet or social media and try to access a private account, according to a formal opinion released Thursday by the American Bar Association.
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Justice Department outlines new clemency initiative

April 23, 2014
IL Staff
The U.S. Department of Justice Wednesday announced its initiative to encourage qualified federal inmates to petition to have their sentences commuted or reduced by the president of the United States.
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Judges uphold man’s conspiracy conviction

April 23, 2014
Jennifer Nelson
Although the state charged a man with the non-existent crime of “conspiracy to commit attempted armed robbery,” the record shows Matthew Wilhoite was actually convicted of conspiring to commit armed robbery. As such, the Indiana Court of Appeals rejected his claim he was convicted of a crime that doesn’t exist.
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COA adopts rule allowing for partial subordination of 1st lienholder’s interest

April 23, 2014
Jennifer Nelson
The Indiana Court of Appeals Wednesday decided the state should follow the majority rule on agreements to modify the priority of liens securing interests in a borrower’s assets.
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Judges affirm ex-wife’s cut of lottery winnings

April 23, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a woman’s contention that she should be entitled to more than 2.5 percent of her ex-husband’s lottery winnings based on his admission that 70 percent distribution would be “fair and equitable.”
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COA: Search of passenger not unconstitutional

April 23, 2014
Jennifer Nelson
The Indiana Court of Appeals rejected a woman’s claim that drugs found in her possession should not have been admitted at trial because a police search of her after a traffic stop violated the federal and state constitutions.
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SCOTUS upholds Michigan affirmative-action ban

April 23, 2014
IL Staff
The Supreme Court of the United States by a vote of 6-2 Tuesday upheld Michigan’s constitutional amendment banning the use of affirmative action by its public universities.
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Motions in marriage lawsuits attack non-recognition of same-sex unions

April 23, 2014
Marilyn Odendahl
Claiming they have a fundamental right to marry, same-sex couples married outside of Indiana have filed separate motions asking the court to grant summary judgment in favor of their challenges to Indiana’s marriage law.
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Court video project exposes problems

April 23, 2014
Dave Stafford
The Supreme Court wanted feedback on a pilot project using an audio-video record as the official appellate transcript in three Indiana courts. Lawyers at a recent discussion on the topic appear to favor pulling the plug.
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Rise of the zombie house

April 23, 2014
Marilyn Odendahl
When a bank files a motion to set aside a foreclosure judgment, often the courts consider the filing good news, assuming the lender and the homeowner have reached a settlement. But things aren’t always what they seem, and courts can be at risk of being duped.
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Ruling may hint at future of Indiana's marriage law

April 23, 2014
Marilyn Odendahl
Although the plaintiffs’ attorneys and the Indiana attorney general both emphasize a federal judge’s temporary order that the state recognize the marriage of one same-sex couple is short-term and limited, the ruling has given gay marriage proponents hope that Indiana’s marriage statute will ultimately be ruled unconstitutional.
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From the principal’s office to the courtroom

April 23, 2014
Marilyn Odendahl
Stakeholders want educators and courts to collaborate to end the school-to-prison pipeline.
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Improvisation enhances lawyer’s skill set

April 23, 2014
Emily Hinkel
Katrina Gossett says the collaborative, reactive nature of the ComedySportz experience complements her work as a litigator
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Mediation by monitor

April 23, 2014
Dave Stafford
The rise of online dispute resolution is seen as both a challenge and an opportunity for alternative dispute resolution.
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  1. CCHP's real accomplishment is the 2015 law signed by Gov Pence that basically outlaws any annexation that is forced where a 65% majority of landowners in the affected area disagree. Regardless of whether HP wins or loses, the citizens of Indiana will not have another fiasco like this. The law Gov Pence signed is a direct result of this malgovernance.

  2. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  3. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  4. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  5. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

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