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Court correctly dismissed man’s motion to correct sentence

November 21, 2012
Jennifer Nelson
The Indiana Court of Appeals found the Clay Superior Court was right in dismissing a man’s pro se motion to correct his sentence stemming from drug convictions in 1994.
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COA orders man removed from Ind. sex offender registry

November 21, 2012
Jennifer Nelson

Nearly three months after hearing arguments on Thomas H. Andrews’ request that he should not have to register in Indiana for a conviction in Massachusetts in 1984, the Indiana Court of Appeals has ordered that he be removed from Indiana's sex-offender registry.

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State urges justices to draw ‘bright line’ on school choice vouchers

November 21, 2012
Dave Stafford
Indiana Solicitor General Thomas Fisher on Wednesday urged the Indiana Supreme Court to uphold the state’s school choice voucher program, arguing that it did not constitute an unconstitutional government support of religion.
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Trial court properly retained 1 juror, dismissed other

November 21, 2012
Jennifer Nelson
A defendant who argued that a Marion Superior Court should have dismissed a juror after she stood near the defendant and his attorney briefly during a recess, but should not have replaced the juror who claimed she wasn’t comfortable rendering a decision, lost before the Court of Appeals Wednesday.
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Deadline to apply for SCOTUS Fellows program Nov. 30

November 21, 2012
IL Staff
If you’re interested in learning more about the federal judiciary first hand, consider applying for the Supreme Court of the United States Fellows Program. Fellows gain insight into the policy issues facing the judiciary as well as learn more about administrative functions.
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Pilot project to use transcript-preparing companies, cut filing time

November 21, 2012
Dave Stafford
Two companies will be hired to transcribe court records on an expedited schedule in a pilot program in selected courts, according to a Supreme Court order.
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NCAA's point man

November 21, 2012
Dave Stafford
The NCAA faces an array of litigation from current and former players, much of which posits antitrust allegations.
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Low pay leads to high job turnover

November 21, 2012
Marilyn Odendahl
Salaries in the public sector are causing the criminal justice system to suffer.
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American Bar Association gains from Indiana leadership

November 21, 2012
Marilyn Odendahl
Valparaiso University Law School student follows a Hoosier tradition of involvement with the bar association.
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Indiana sex offender parole conditions at issue

November 21, 2012
Dave Stafford
Indiana appellate judges are grappling with sensitive questions about whether the state’s automatic and uniform parole conditions for sex offenders are constitutional.
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Quality of Life: Let your inner child out this holiday season

November 21, 2012
Jonna Kane MacDougall
Wouldn’t it be wonderful to live every moment in color, instead of black and white?
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E-state planning

November 21, 2012
Dave Stafford
Will your Facebook account, online presence and virtual world live on after you? The rise of social media and proliferation of online accounts are posing such real-life questions for lawyers who concentrate in estate planning. But it remains an evolving question how wills, trusts and power of attorney grants will address these and other staples of the Internet age.
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Estate lawyers' duty of responsibility clarified in proposed legislation

November 21, 2012
Marilyn Odendahl
Estate attorneys are hoping the Indiana General Assembly will provide a remedy after a ruling by the Indiana Court of Appeals muddied the waters concerning the scope and duties of a lawyer working on behalf of an estate’s personal representative.
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Sidebars: 'The Local' features the best of Indiana home-grown foods

November 21, 2012
Jennifer Lukemeyer, Fred Vaiana
We give the restaurant 3.5 gavels!
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DTCI: Client relationships and effective case management

November 21, 2012
From DTCI
Both authors of this article recently had experiences in which our clients have shown us the true emotional impact that litigation can have on a new litigant.
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Lucas: Dedication of clerks leads to smooth elections

November 21, 2012
Kelly Lucas
The 2012 elections are finally over. And while I think most people, with the possible exception of mail carriers and holiday Scrooges, are happy to have gift catalogs replace political flyers in their mailboxes, I would bet that no group is happier to see election season come to an end than the county clerks.
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Book review: 'The Science of Attorney Advocacy'

November 21, 2012
Rodney Nordstrom
Unlike other books I have recently reviewed, the book “The Science of Attorney Advocacy targets a different type of reader.
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Out of the courtroom, into the kitchen

November 21, 2012
Marilyn Odendahl
Attorneys spend their leisure time indulging in their love of cooking.
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Order compelling Star to name online commenter stayed after arguments

November 20, 2012
Dave Stafford
The Indianapolis Star won’t have to divulge the identity of an online commenter pending further order of the Indiana Court of Appeals, which heard arguments in a defamation case on Tuesday.
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Initiative to provide legal assistance for homeless veterans looking for additional help

November 20, 2012
Marilyn Odendahl
Continuing its effort to secure on-going legal services for homeless veterans in Indianapolis, the Hoosier Veterans Assistance Foundation of Indiana is seeking the assistance of a consultant.
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Budget session will not prevent state senators from working to improve DCS

November 20, 2012
IL Staff
The Indiana Department of Child Services will be part of the legislative agenda during the Indiana General Assembly’s 2013 session. 
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COA finds trial court’s error in sentencing was harmless

November 20, 2012
Marilyn Odendahl
A trial court’s error in considering an arrest record as evidence of criminal history was harmless, the Indiana Court of Appeals ruled, because the aggravators and mitigators would have led the lower court to impose the same sentence.
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Man loses appeal of suit against sheriff, jail medical staff

November 20, 2012
Jennifer Nelson
A man who was held in Delaware County jail for nine days before he was released because no charges were filed sued the county sheriff and jail medical staff alleging indifference to his serious medical condition. The 7th Circuit Court of Appeals upheld the grant of summary judgment in favor of the defendants.
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Appellate panel affirms foreclosure, cites lack of meritorious defense

November 20, 2012
Dave Stafford
An Allen County plaintiff whose home was foreclosed lost her appeal Tuesday when a panel of the Indiana Court of Appeals held that she had not demonstrated a meritorious defense.
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Former officer’s convictions of bribery, attempted extortion affirmed

November 20, 2012
Jennifer Nelson
The sentence of the Indianapolis Metropolitan Police Department major and city-county counselor convicted last year for attempted extortion and bribery for his role in trying to get zoning approval for a proposed strip club has been upheld by the 7th Circuit Court of Appeals. Lincoln Plowman claimed that he should have been allowed to argue entrapment to the jury, which the District Court precluded.
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  2. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  3. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  4. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  5. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

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