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Senate defeats DNA collection bill

February 27, 2013
IL Staff
Legislation that would require every person arrested after June 30 for certain crimes to submit a DNA sample failed to pass the Senate Tuesday.
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Long expects Criminal Code revision will get Senate approval

February 27, 2013
Marilyn Odendahl
Indiana’s first major rewrite of the state’s Criminal Code in more than 30 years is now in the hands of the Senate where the Senate leader believes it will ultimately be approved.
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Company loses inverse condemnation claim

February 27, 2013
Jennifer Nelson
The 17-month period beginning when a Terre Haute Board of Zoning Appeals ordered a company seeking a special exception to provide public water to surrounding homes and ending when that condition was overturned by a judge did not constitute inverse condemnation, the Indiana Court of Appeals held Wednesday.
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After the storm passes, legal questions swirl

February 27, 2013
Marilyn Odendahl
Attorneys volunteer to provide advice and comfort to affected residents after natural disasters.
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Will small claims court stay or will it go?

February 27, 2013
Dave Stafford
Marion County's busiest docket is at the center of a judge-trustee tug-of-war over location.
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Attorney: Marion County small claims 'forum shopping' problems persist

February 27, 2013
Dave Stafford
A Chicago attorney who has filed at least six federal class-action lawsuits alleging collections companies engaged in “forum shopping” in Marion County Small Claims Courts said the practice appears to be continuing despite township court reforms announced last year.
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IDEM's application of new antidegradation rule raising ire

February 27, 2013
Marilyn Odendahl
After more than 10 years of protracted and, at times, contentious debate, Indiana finalized protections for some of its most clean waters. But less than a year after taking effect, a short letter denying an antidegradation application has unleashed criticism that the state is not implementing the rule as intended.
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Tracking fracking in Indiana

February 27, 2013
Dave Stafford
Recent laws provide regulations, but an effort for advance plan approval gains little traction.
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Lawyers worry about impact of court decision on premises liability

February 27, 2013
Dave Stafford
The fatal shooting of a guest in a Speedway motel by a former employee and the resulting civil litigation leaves the Indiana Supreme Court to decide whether arguments of common law or a 1980s statute governs the premises owner’s degree of liability. Trial and defense lawyers are paying keen attention.
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Bankruptcy ruling locks out insiders

February 27, 2013
Dave Stafford
A recent bankruptcy appeal tossing an Indianapolis shopping center’s reorganization plan further establishes that the control of equity in Chapter 11 cases will be subject to competitive bidding and that insiders might be out of luck.
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Giving felons a chance to wipe their records clean

February 27, 2013
Marilyn Odendahl
The Indiana General Assembly moving forward with expungement bill.
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Law firm's longtime chief gives suitors cold shoulder

February 27, 2013
Scott Olson
Alan Levin has been managing partner of Barnes & Thornburg LLP for 16 years, far longer than the heads of most major Indianapolis law firms. But what most sets him apart is that he’s built his firm into a national practice by taking the maverick approach of going it alone instead of merging with an out-of-state rival.
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Sidebars: Unique Pure Eatery offers options for all types of diners

February 27, 2013
Jennifer Lukemeyer, Fred Vaiana
We give Pure Eatery 3.5 gavels!
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Hammerle on ... 'Life of Pi'; 'Silver Linings Playbook'

February 27, 2013
Robert Hammerle
Bob Hammerle reviews two movies who recently won awards at the 2013 Oscars.
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Maley: Updated series is valuable for practitioners

February 27, 2013
John Maley
As the practice has moved from law-firm libraries to online research on laptops and iPads, there remains a place for comprehensive, in-depth and practical treatises and practice guides. Since 1998, Westlaw’s Business and Commercial Litigation in Federal Courts has been just such a valuable resource.
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Town takes unusual step to gain control of utility

February 27, 2013
Scott Olson
Mooresville's bid to purchase water operations likely will be decided in court.
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COA instructs trial court to vacate 2 convictions of child molestation

February 26, 2013
Marilyn Odendahl
The Indiana Court of Appeals threw out two charges and sent a case back to the trial court after the state admitted that it did not intend to charge the defendant with four separate acts of child molestation.
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Franklin attorney dies suddenly from heart attack

February 26, 2013
IL Staff
A former Bartholomew County public defender died suddenly Feb. 23 in Columbus.
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Trial court denied due process in revoking probation

February 26, 2013
Dave Stafford
A man whose probation was revoked without an evidentiary hearing after he walked away from an inpatient alcohol treatment program imposed by the court will receive a new hearing.
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Consecutive sentences in drug buy case ruled inappropriate

February 26, 2013
Dave Stafford
A man sentenced to 40 years in prison after he sold crack cocaine to undercover agents in two separate controlled buys received an inappropriate punishment, the Court of Appeals ruled Tuesday.
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Felon’s convictions, multiple sentence enhancements affirmed

February 26, 2013
Dave Stafford
A sentence of 12 years with a year suspended was not inappropriate for a man who stole an idling car from a Lafayette convenience store and later resisted police, punched a police dog and threatened officers.
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Trouble with the Curves: Ex-husband still owes for franchise’s default

February 26, 2013
Dave Stafford
A couple’s failure to inform a landlord of their divorce doesn’t excuse the ex-husband from a default judgment on rent payments for a health club that his former wife continued to run.
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Overhaul of Criminal Code approved by House

February 26, 2013
Marilyn Odendahl
The bill rewriting Indiana’s Criminal Code gained approval of the House of Representatives Monday by an 80 to 13 vote. The measure now moves to the Senate.
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Former senior judge faces disciplinary proceedings

February 25, 2013
Dave Stafford
A former senior judge in northern Indiana faces disciplinary action for charges that she had a sexual relationship with a client to whom she was appointed as a public defender.
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Legislature considers changes to prosecutors’ and judges’ retirement funds

February 25, 2013
IL Staff
In the House of Representatives, a bill that would change features of the Prosecuting Attorneys Retirement Fund is eligible for a third reading vote. In the Senate, a bill calling for a study of judges’ pensions is ready for second reading Monday as well.
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  1. So that none are misinformed by my posting wihtout a non de plume here, please allow me to state that I am NOT an Indiana licensed attorney, although I am an Indiana resident approved to practice law and represent clients in Indiana's fed court of Nth Dist and before the 7th circuit. I remain licensed in KS, since 1996, no discipline. This must be clarified since the IN court records will reveal that I did sit for and pass the Indiana bar last February. Yet be not confused by the fact that I was so allowed to be tested .... I am not, to be clear in the service of my duty to be absolutely candid about this, I AM NOT a member of the Indiana bar, and might never be so licensed given my unrepented from errors of thought documented in this opinion, at fn2, which likely supports Mr Smith's initial post in this thread: http://caselaw.findlaw.com/us-7th-circuit/1592921.html

  2. When I served the State of Kansas as Deputy AG over Consumer Protection & Antitrust for four years, supervising 20 special agents and assistant attorneys general (back before the IBLE denied me the right to practice law in Indiana for not having the right stuff and pretty much crushed my legal career) we had a saying around the office: Resist the lure of the ring!!! It was a take off on Tolkiem, the idea that absolute power (I signed investigative subpoenas as a judge would in many other contexts, no need to show probable cause)could corrupt absolutely. We feared that we would overreach constitutional limits if not reminded, over and over, to be mindful to not do so. Our approach in so challenging one another was Madisonian, as the following quotes from the Father of our Constitution reveal: The essence of Government is power; and power, lodged as it must be in human hands, will ever be liable to abuse. We are right to take alarm at the first experiment upon our liberties. I believe there are more instances of the abridgement of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations. Liberty may be endangered by the abuse of liberty, but also by the abuse of power. All men having power ought to be mistrusted. -- James Madison, Federalist Papers and other sources: http://www.constitution.org/jm/jm_quotes.htm RESIST THE LURE OF THE RING ALL YE WITH POLITICAL OR JUDICIAL POWER!

  3. My dear Mr Smith, I respect your opinions and much enjoy your posts here. We do differ on our view of the benefits and viability of the American Experiment in Ordered Liberty. While I do agree that it could be better, and that your points in criticism are well taken, Utopia does indeed mean nowhere. I think Madison, Jefferson, Adams and company got it about as good as it gets in a fallen post-Enlightenment social order. That said, a constitution only protects the citizens if it is followed. We currently have a bevy of public officials and judicial agents who believe that their subjectivism, their personal ideology, their elitist fears and concerns and cause celebs trump the constitutions of our forefathers. This is most troubling. More to follow in the next post on that subject.

  4. Yep I am not Bryan Brown. Bryan you appear to be a bigger believer in the Constitution than I am. Were I still a big believer then I might be using my real name like you. Personally, I am no longer a fan of secularism. I favor the confessional state. In religious mattes, it seems to me that social diversity is chaos and conflict, while uniformity is order and peace.... secularism has been imposed by America on other nations now by force and that has not exactly worked out very well.... I think the American historical experiment with disestablishmentarianism is withering on the vine before our eyes..... Since I do not know if that is OK for an officially licensed lawyer to say, I keep the nom de plume.

  5. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

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