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COA reverses man’s pro se request for change of judge

February 10, 2016
Jennifer Nelson
Because a man failed to file an affidavit concerning why he wanted a change of judge in a code violation case, as required by statute, the Indiana Court of Appeals reversed the grant of his request for a change of judge.
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Comment sought on state court e-filing, other rule changes

February 10, 2016
The Indiana Supreme Court is seeking comments on proposed rule changes that include appellate e-filing and CLE exemptions for judges and attorneys in the military.
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Supreme Court creates Office of Judicial Administration

February 10, 2016
IL Staff
The Indiana Supreme Court announced Wednesday it is creating a single Office of Judicial Administration in an effort to improve its internal governance.
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Prosecutors appeal Indianapolis coach's release to parents

February 10, 2016
 Associated Press
Federal prosecutors have appealed a judge's decision to allow a former Indianapolis high school boys' basketball coach to live with his parents while he faces charges that he enticed a 15-year-old girl into a sexual relationship.
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Defense claims case against man in 1975 death circumstantial

February 10, 2016
 Associated Press
The defense for a Terre Haute man accused of killing his first wife in 1975 claims the case against him is circumstantial.
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East Chicago City Council seeks guidance on jailed member

February 10, 2016
 Associated Press
The East Chicago City Council has decided to ask the Indiana attorney general and the State Board of Accounts for guidance as one of its members remains jailed.
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Obama vows to press ahead on Clean Power Plan after setback

February 10, 2016
 Associated Press
The administration of President Barack Obama is vowing to press ahead with efforts to curtail greenhouse gas emissions after a divided U.S. Supreme Court put his signature plan to address climate change on hold until after legal challenges are resolved.
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Hoosier roots still strong for D.C. Circuit jurist

February 10, 2016
Marilyn Odendahl
Judge Robert Wilkins returns to Indiana for a Black History Month celebration in the Southern District of Indiana.
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Suit alleges pattern of illegal detentions in Fort Wayne

February 10, 2016
Dave Stafford
Three Fort Wayne residents – and perhaps scores more – were illegally detained by police without warrants, probable cause or even the accusation that they had broken the law, a federal lawsuit alleges.
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30 justice applicants bring varied backgrounds

February 10, 2016
Dave Stafford
The lawyers and judges vying to become the next Indiana justice include a one-time Swiss Alps guide, an aerobics instructor, and a former Indiana University football player. At least three got their start working at McDonald’s, and more have lived in Rensselaer (three) than were born in Indianapolis (two).
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Treatment of mentally ill prisoners changing

February 10, 2016
Marilyn Odendahl
After more than seven years of litigation, the Indiana Department of Correction is instituting major changes by providing treatment and mostly eliminating solitary confinement for severally mentally ill prisoners.
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Neutral Corner: Reaction to SCOTUS’ recent arbitration decision

February 10, 2016
John Van Winkle
Comments following the DirecTVdecision have been consistent: Unless Congress acts or the makeup of the court fundamentally changes, mandatory arbitration of consumer disputes and the corresponding limitations of some remedies (such as class actions) is here to stay.
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Taking a 'side step' in the legal profession

February 10, 2016
Marilyn Odendahl
From her desk, Elizabeth Ellis watched the attorneys in her office work and realized as many other paralegals have – I can do that.
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E-filing takes baby steps in Hamilton County

February 10, 2016
Dave Stafford
What could be easier than filing court documents from your desktop or tablet with automatic service and immediate filing confirmation? If you can see the courthouse from your office, it may seem easier to do things the old way — dashing to the clerk’s office or having a runner do the same. That seems to be true in some cases, at least for now.
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Magistrate Judge Hussmann turns in gavel but plans to keep working

February 10, 2016
Marilyn Odendahl
On Jan. 31, Magistrate Judge William Hussmann Jr. raced his administrative assistant, Shelly James, to the office door. After nearly 28 years, the pair retired together from the U.S. District Court for the Southern District of Indiana.
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Former foes support Indiana lawsuit funding bills

February 10, 2016
Marilyn Odendahl
Harsh regulations in other states are inducing the legal financing industry to compromise.
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Cohen/Mattingly: Learn your ESI rules: It's an ethical imperative (chomp)

February 10, 2016
It’s been nearly 10 years since the Supreme Court of the United States approved amendments to the Federal Rules of Civil Procedure to add language addressing electronically stored information, or ESI. Recent FRCP amendments, effective December 2015, clarify ESI obligations. The rules re-introduce traditional concepts of flexibility and proportionality to ESI obligations.
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In-Box: Commercial courts

February 10, 2016
Colin Flora writes in response to the recent announcement of the creation of commercial courts in Indiana.
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BGBC: Who’s responsible for the IOLTA account? You are!

February 10, 2016
One of the most significant and important fiduciary duties that lawyers must perform is to safeguard all client and third-party property held in trust.
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Indiana Judges Association: How are we going to replace Justice Brent Dickson?

February 10, 2016
David Dreyer
There is now a great opportunity to pick our next Supreme Court justice. But our problem is that we have to replace the irreplaceable Justice Brent Dickson.
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From McKinney to mayor

February 10, 2016
Dave Stafford
Shane Evans went home to Delphi, Indiana, after graduating from law school last year and walked straight into the top job in city hall.
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7th Circuit disagrees with ALJ that woman is able to work

February 9, 2016
Marilyn Odendahl
In vacating the denial of an application for Social Security disability benefits, the 7th Circuit Court of Appeals admonished the administrative law judge for giving more weight to the opinion of the non-examining physician than to the diagnosis of the doctors who have been treating the applicant.
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General Assembly leaders honor Dickson

February 9, 2016
IL Staff
A resolution honoring the service of retiring Indiana Supreme Court Justice Brent Dickson unanimously passed both houses of the General Assembly, and House and Senate leaders praised the second-longest-serving justice in state history Tuesday.
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Hoosier’s quest to reach public road ends at 7th Circuit

February 9, 2016
Marilyn Odendahl
The owner of a piece of southern Indiana property who could not reach his land because neighbors would not permit him to drive across their properties has lost his attempt to get to a main road.
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Inaccurate property description does not render mortgage invalid

February 9, 2016
Marilyn Odendahl
Despite errors, a mortgage still contained a “facially valid” description and the mortgage holder was protected from foreclosure.
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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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