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Police Merit Commission may discipline former assistant chief

April 12, 2013
Jennifer Nelson
A former assistant police chief of the City of Greenwood who was demoted to lieutenant may be disciplined by the city’s Police Merit Commission, the Indiana Court of Appeals ruled Friday. The officer argued that based on ordinances and codes, only the mayor could discipline police chiefs or assistant chiefs.
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Indianapolis Bankruptcy Division eliminates informal ADR mandate

April 12, 2013
IL Staff
Southern District Bankruptcy Chief Judge James K. Coachys has signed an order that terminates a previous order requiring alternative dispute resolution related to Chapter 13 trustee motions to dismiss in the Indianapolis Division.
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Workers’ comp, JTAC bills pass full Senate

April 11, 2013
Jennifer Nelson
Legislation out of the House of Representatives reconfiguring workers’ compensation in Indiana passed the Senate Wednesday and goes back to the House with some changes.
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Justices rule in favor of sewer facility operator in condemnation action

April 11, 2013
Jennifer Nelson
A case involving a compensation award for condemnation initiated by Fort Wayne’s Board of Public Works that may appear at first blush as a “no brainer” is actually not as simple as it seems, the Indiana Supreme Court pointed out Thursday.
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Contractor wins on appeal of $14.5M damages award for defamation

April 11, 2013
Jennifer Nelson
State Farm Fire & Casualty Co. is on the hook for $14.5 million in damages after a contractor prevailed on his defamation claim against the insurer. The award is one of the largest defamation damages in the country, according to the court.
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Indiana among 35 states urging federal immigration reform

April 10, 2013
IL Staff
Indiana Attorney General Greg Zoeller joined a bipartisan group of 35 state and district attorneys general who Tuesday sent a letter to Republican and Democratic leaders in Congress urging federal immigration reform.
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Electric cooperative owed no duty to injured contractor

April 10, 2013
Jennifer Nelson
An independent contractor injured at a generating station owned by Bloomington-based Hoosier Energy Rural Electric Cooperative was unable to prove to the Indiana Court of Appeals that the electric cooperative was negligent regarding his injury.
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7th Circuit: Federal courts or juries can’t decide religious questions

April 10, 2013
Jennifer Nelson
Taking up three appeals stemming from a lawsuit filed surrounding control of religious documents and artifacts from the appearance of the Virgin Mary, the 7th Circuit Court of Appeals found that a federal judge erred in ruling that it should be up to a jury to decide whether a party to the lawsuit is still a religious sister.
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COA affirms father’s convictions stemming from daughter’s injuries

April 10, 2013
Jennifer Nelson
The Indiana Court of Appeals rejected a St. Joseph County man’s claims that the trial court abused its discretion regarding the admission and exclusion of certain evidence at his jury trial for charges related to injuries to his infant daughter.
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Senior judge permanently banned from judicial service

April 10, 2013
IL Staff
Senior Judge Lisa M. Traylor-Wolff, who faced a disciplinary action on charges she had a sexual relationship with a client, is no longer allowed to serve as a judge, the Indiana Supreme Court ordered Tuesday.
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Criminal code overhaul bill moves to House for approval

April 10, 2013
IL Staff
House Bill 1006, which is the first comprehensive overhaul of Indiana’s felony statutes in 35 years, was passed by the full Senate Wednesday and returned to the House of Representatives with amendments.
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8 seek Allen Superior judgeship

April 10, 2013
IL Staff
Eight attorneys have applied to fill a vacancy on the Allen Superior Court, Civil Division that will occur April 26 when Judge Stephen Sims retires.
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Critics: Indiana leads from wrong side in same-sex marriage cases

April 10, 2013
Dave Stafford
Critics have called out Attorney General Greg Zoeller for taking a lead role in advocating against same-sex marriage. Indiana wrote or co-wrote amicus briefs signed by other states taking that position in the cases the heard by the Supreme Court of the United States.
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Lake County bench brawl

April 10, 2013
Dave Stafford
Mediation is ordered as the fight over Bonaventura vacancy goes public and exposes strife.
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Characters, courtrooms and lots of arguing

April 10, 2013
Marilyn Odendahl
Attorney Susan Roberts' mock trial case will be the centerpiece of national competition in Indianapolis in May.
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IU McKinney student uses his love of golf to raise money for scholarships

April 10, 2013
Marilyn Odendahl
While some people dream about it, Luke Bielawski will actually be spending his entire summer swinging a golf club.
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Rehab, not jail, shows promise in lowering recidivism

April 10, 2013
Marilyn Odendahl
Advocates for alternative programs are asking the Indiana Legislature for funding.
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Vouchers validated, program scope at issue

April 10, 2013
Dave Stafford
The recent Indiana Supreme Court ruling affirming school choice renews Statehouse fight over vouchers.
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First-Inventor-to-File system creates uncertainty

April 10, 2013
Marilyn Odendahl
The historic change in the patent system puts U.S. in step with other industrialized countries.
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Dean's Desk: IU Maurer professor’s legacy lives on at law school

April 10, 2013
Hannah Buxbaum
Two months ago, the Maurer School of Law lost an esteemed colleague, friend and teacher who touched the lives of more than 6,000 of our alumni during his 33 years at the law school.
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Bottling up generics

April 10, 2013
Dave Stafford
The Supreme Court of the United States recently heard a government challenge of drugmakers' "pay to delay" practice.
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Living Fit: Get ready for summer

April 10, 2013
Sharon McGoff
I know what you’re thinking – the task of getting in shape is all too daunting, and I don’t have time to do it because there are too many areas in my wellness plan that need focus. I hear you! So, together, let’s set a plan for taking small steps NOW to make big progress by June 1.
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INBOX: Voter Experience Project

April 10, 2013
A letter to the editor looks at Marion County's voting technology.
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DTCI: Rookie seminar will take defense practice to new levels

April 10, 2013
From DTCI
Are you ready to learn what you really need to know to practice defense law? Well, the DTCI is ready to teach you!
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Sidebars: Unassuming storefront houses flavorful Mexican food

April 10, 2013
Jennifer Lukemeyer, Fred Vaiana
We give La Escollera 3.25 gavels!
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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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