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Canny: CLE enables paralegals to learn, grow

July 3, 2013
Cathy Canny asks why is it any less important for paralegals to obtain continuing legal education as compared to attorneys.
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Improving judicial professionalism starts in the classroom

July 3, 2013
Marilyn Odendahl
The new requirement for judges to log more continuing education hours is not seen as burden.
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Orzeske: How to stay in good standing with your CLE requirements

July 3, 2013
The Commission for Continuing Legal Education encourages attorneys to be active in obtaining education and maintaining correct contact information.
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DTCI: New associates and their different work ethic

July 3, 2013
From DTCI
Renee Mortimer offers some advice to "Millennial" associates.
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Federal Bar Update: Southern District starts pilot program for employment cases

July 3, 2013
John Maley
The Southern District of Indiana has been experimenting this year with a pilot program for certain employment cases. The only eligible cases are individual Title VII, ADA and ADEA actions.
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New Indiana laws for 2013

July 3, 2013
IL Staff
Learn about what laws take effect July 1, 2013, in Indiana.
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Hammerle on … 'The East,' 'The Purge'

July 3, 2013
Robert Hammerle
Bob Hammerle recommends you see "The East" to find out how domestic terrorists can be the good guys.
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Justices reinstate sex offender’s maximum sentence lowered by COA

July 2, 2013
Dave Stafford
The Indiana Supreme Court on Tuesday reinstated a trial court sentence that imposed maximum consecutive prison terms for a man convicted of two counts of Class B felony sexual misconduct with a minor.
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Unpaid balance bars woman from being class representative in class-action complaint

July 2, 2013
Marilyn Odendahl
Even though a trial court initially certified a class in a lawsuit, the Indiana Court of Appeals has ruled in a case of first impression that the lower court can change its mind.
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10-year sentence for 5-finger discount not inappropriate, COA rules

July 2, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found a sentence of 10 years for stealing a shirt valued at $14.99 is not inappropriate.
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Candidates sought for Allen County magistrate

July 2, 2013
IL Staff
Allen Circuit Court is seeking qualified candidates for the position of magistrate.
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Cabbies sue town of Speedway for race-day license seizures

July 2, 2013
IL Staff
More than 80 taxi cab drivers have sued the town of Speedway for allegedly seizing their licenses when they attempted to pick up fares after the Indianapolis 500 on May 26.
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Justices deny transfer for two dozen cases

July 1, 2013
IL Staff
The Indiana Supreme Court rejected 24 requests for transfer last week, granting transfer in just one case which already has been decided.
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Courts announce July 4 holiday closures

July 1, 2013
IL Staff
Indiana appellate courts and the 7th Circuit Court of Appeals are extending the Independence Day holiday to a four-day weekend.
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Historic law firm and young upstart merge in southern Indiana

July 1, 2013
IL Staff
Two law firms in New Albany are joining together to form a 14-attorney office with expanded practice areas.  
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Justices reverse juvenile placement on sex offender registry

July 1, 2013
Dave Stafford
A juvenile who pleaded guilty to what would have been Class D felony sexual battery if committed by an adult should not have been placed on the sex offender registry, the Indiana Supreme Court ruled Monday.
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BP agrees to $7M settlement over tainted gas

July 1, 2013
IL Staff
BP Products North America will settle a class-action lawsuit resulting from a gasoline recall last year, agreeing to pay $7 million in damages, costs and claims, according to attorneys representing the class.
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Indiana Supreme Court endorses new jury instructions for mentally ill defendants

June 28, 2013
Dave Stafford
Although it affirmed the judgment of the post-conviction court in denying relief, the Indiana Supreme Court endorsed a change in jury instructions regarding mentally ill defendants.
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Tax court affirms classification of beneficiaries

June 28, 2013
Dave Stafford
A Hamilton County judge correctly classified beneficiaries as Class B and Class C transferees, subjecting them to higher taxes under Indiana’s inheritance tax, the Indiana Tax Court ruled Friday.
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Justices disapprove of consideration of community outrage when reviewing sentence

June 28, 2013
Jennifer Nelson
The Indiana Supreme Court upheld a man’s 53-year sentence for battery and neglect of dependent convictions, but disagreed with the Court of Appeals’ reasoning for affirming the sentence.
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Thoroughbred rep loses appeal over license requirement

June 28, 2013
Dave Stafford
A representative of a Thoroughbred horse owners and breeders organization was required to have a license from the Indiana Horse Racing Commission to participate in the group’s activities at the state’s pari-mutuel racetracks, the Indiana Court of Appeals ruled Friday.
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Justices: Center Township Small Claims court stays put

June 28, 2013
Dave Stafford
What’s been called the state’s busiest court will stay in the City-County Building in Indianapolis, the Indiana Supreme Court ordered Friday, blocking the Center Township trustee’s bid to relocate the court to a location on Fall Creek Parkway.
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Appeals panel reverses summary judgment for insurer in hit-and-run

June 28, 2013
Dave Stafford
Summary judgment in favor of an insurer should not have been granted in a hit-and-run case, the Indiana Court of Appeals ruled Friday. The court reversed a Marion Superior Court order and held that the hit-and-run driver was uninsured as a matter of law.
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BMV reduces license costs that generated class-action suit

June 28, 2013
Dave Stafford
Indiana driver’s licenses will be $3.50 less expensive, the Bureau of Motor Vehicles announced Friday in a change taking immediate effect.
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Maurer grads second in national ‘fantasy’ SCOTUS competition

June 28, 2013
Jennifer Nelson
A half point is all that separated Indiana University Maurer School of Law’s Bro Bono team from first place and ultimate bragging rights in a competition where teams were asked to predict how U.S. justices would vote on cases this term.
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  1. Applause, applause, applause ..... but, is this duty to serve the constitutional order not much more incumbent upon the State, whose only aim is to be pure and unadulterated justice, than defense counsel, who is also charged with gaining a result for a client? I agree both are responsible, but it seems to me that the government attorneys bear a burden much heavier than defense counsel .... "“I note, much as we did in Mechling v. State, 16 N.E.3d 1015 (Ind. Ct. App. 2014), trans. denied, that the attorneys representing the State and the defendant are both officers of the court and have a responsibility to correct any obvious errors at the time they are committed."

  2. Do I have to hire an attorney to get co-guardianship of my brother? My father has guardianship and my older sister was his co-guardian until this Dec 2014 when she passed and my father was me to go on as the co-guardian, but funds are limit and we need to get this process taken care of quickly as our fathers health isn't the greatest. So please advise me if there is anyway to do this our self or if it requires a lawyer? Thank you

  3. I have been on this program while on parole from 2011-2013. No person should be forced mentally to share private details of their personal life with total strangers. Also giving permission for a mental therapist to report to your parole agent that your not participating in group therapy because you don't have the financial mean to be in the group therapy. I was personally singled out and sent back three times for not having money and also sent back within the six month when you aren't to be sent according to state law. I will work to het this INSOMM's removed from this state. I also had twelve or thirteen parole agents with a fifteen month period. Thanks for your time.

  4. Our nation produces very few jurists of the caliber of Justice DOUGLAS and his peers these days. Here is that great civil libertarian, who recognized government as both a blessing and, when corrupted by ideological interests, a curse: "Once the investigator has only the conscience of government as a guide, the conscience can become ‘ravenous,’ as Cromwell, bent on destroying Thomas More, said in Bolt, A Man For All Seasons (1960), p. 120. The First Amendment mirrors many episodes where men, harried and harassed by government, sought refuge in their conscience, as these lines of Thomas More show: ‘MORE: And when we stand before God, and you are sent to Paradise for doing according to your conscience, *575 and I am damned for not doing according to mine, will you come with me, for fellowship? ‘CRANMER: So those of us whose names are there are damned, Sir Thomas? ‘MORE: I don't know, Your Grace. I have no window to look into another man's conscience. I condemn no one. ‘CRANMER: Then the matter is capable of question? ‘MORE: Certainly. ‘CRANMER: But that you owe obedience to your King is not capable of question. So weigh a doubt against a certainty—and sign. ‘MORE: Some men think the Earth is round, others think it flat; it is a matter capable of question. But if it is flat, will the King's command make it round? And if it is round, will the King's command flatten it? No, I will not sign.’ Id., pp. 132—133. DOUGLAS THEN WROTE: Where government is the Big Brother,11 privacy gives way to surveillance. **909 But our commitment is otherwise. *576 By the First Amendment we have staked our security on freedom to promote a multiplicity of ideas, to associate at will with kindred spirits, and to defy governmental intrusion into these precincts" Gibson v. Florida Legislative Investigation Comm., 372 U.S. 539, 574-76, 83 S. Ct. 889, 908-09, 9 L. Ed. 2d 929 (1963) Mr. Justice DOUGLAS, concurring. I write: Happy Memorial Day to all -- God please bless our fallen who lived and died to preserve constitutional governance in our wonderful series of Republics. And God open the eyes of those government officials who denounce the constitutions of these Republics by arbitrary actions arising out capricious motives.

  5. From back in the day before secularism got a stranglehold on Hoosier jurists comes this great excerpt via Indiana federal court judge Allan Sharp, dedicated to those many Indiana government attorneys (with whom I have dealt) who count the law as a mere tool, an optional tool that is not to be used when political correctness compels a more acceptable result than merely following the path that the law directs: ALLEN SHARP, District Judge. I. In a scene following a visit by Henry VIII to the home of Sir Thomas More, playwriter Robert Bolt puts the following words into the mouths of his characters: Margaret: Father, that man's bad. MORE: There is no law against that. ROPER: There is! God's law! MORE: Then God can arrest him. ROPER: Sophistication upon sophistication! MORE: No, sheer simplicity. The law, Roper, the law. I know what's legal not what's right. And I'll stick to what's legal. ROPER: Then you set man's law above God's! MORE: No, far below; but let me draw your attention to a fact I'm not God. The currents and eddies of right and wrong, which you find such plain sailing, I can't navigate. I'm no voyager. But in the thickets of law, oh, there I'm a forester. I doubt if there's a man alive who could follow me there, thank God... ALICE: (Exasperated, pointing after Rich) While you talk, he's gone! MORE: And go he should, if he was the Devil himself, until he broke the law! ROPER: So now you'd give the Devil benefit of law! MORE: Yes. What would you do? Cut a great road through the law to get after the Devil? ROPER: I'd cut down every law in England to do that! MORE: (Roused and excited) Oh? (Advances on Roper) And when the last law was down, and the Devil turned round on you where would you hide, Roper, the laws being flat? (He leaves *1257 him) This country's planted thick with laws from coast to coast man's laws, not God's and if you cut them down and you're just the man to do it d'you really think you would stand upright in the winds that would blow then? (Quietly) Yes, I'd give the Devil benefit of law, for my own safety's sake. ROPER: I have long suspected this; this is the golden calf; the law's your god. MORE: (Wearily) Oh, Roper, you're a fool, God's my god... (Rather bitterly) But I find him rather too (Very bitterly) subtle... I don't know where he is nor what he wants. ROPER: My God wants service, to the end and unremitting; nothing else! MORE: (Dryly) Are you sure that's God! He sounds like Moloch. But indeed it may be God And whoever hunts for me, Roper, God or Devil, will find me hiding in the thickets of the law! And I'll hide my daughter with me! Not hoist her up the mainmast of your seagoing principles! They put about too nimbly! (Exit More. They all look after him). Pgs. 65-67, A MAN FOR ALL SEASONS A Play in Two Acts, Robert Bolt, Random House, New York, 1960. Linley E. Pearson, Atty. Gen. of Indiana, Indianapolis, for defendants. Childs v. Duckworth, 509 F. Supp. 1254, 1256 (N.D. Ind. 1981) aff'd, 705 F.2d 915 (7th Cir. 1983)

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