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‘Solar gardens’ catching on, but legality unclear in Indiana

March 11, 2015
Kathleen McLaughlin, IBJ Staff
Imagine seeing the price of gas drop 50 percent, then finding out you couldn’t take advantage because of a law that excluded drivers who lease their vehicles or whose fuel tank is on the wrong side. That’s pretty much the experience of most would-be solar energy users.
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Lucas: Indiana Lawyer names 2015 Leadership in Law award winners

March 11, 2015
Kelly Lucas
Congratulations to our 2015 Leadership in Law Distinguished Barristers and Up and Coming Lawyers! This year’s group comprises an exceptional representation of legal talent, and Indiana Lawyer is pleased to have the opportunity to honor their work.
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Technology Untangled: Meet face-to-face with these free video-chat apps

March 11, 2015
Stephen Bour
This article will look at Firefox Hello and compare it to the similar GoToMeeting.
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Chamberlain: Brain injury awareness month highlights affects on survivors

March 11, 2015
March is brain injury awareness month in the United States, recognizing that 3.5 million Americans suffer a brain injury each year. Brain injury is a lifelong, ongoing and degenerative disease process that affects survivors, their families and the general public.
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Hammerle On … The Oscars revisited; 'McFarland, USA'

March 11, 2015
Robert Hammerle
Bob Hammerle calls "McFarland, USA" a Hispanic version of the movie "Hoosiers."
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Accident reconstruction advances light years in the last quarter-century

March 11, 2015
Dave Stafford
Portage attorney Greg Sarkisian remembers a time when trying to convince a jury how a crash happened involved moving magnetic cars around on a board.
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'Elkhart Four' convictions put new spotlight on felony murder statute

March 11, 2015
Marilyn Odendahl
Three teens convicted of felony murder have asked the Indiana Supreme Court to overturn their convictions because they did not directly kill the victim.
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Federal judiciary releases FY 2014 report

March 10, 2015
Marilyn Odendahl
Although the federal judiciary began fiscal year 2014 on shaky financial ground, it soon saw its funding restored to pre-sequestration levels and ended the year handling a caseload almost equal to the previous fiscal year.
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Court reverses denial of termination of parental rights due to possible conflict

March 10, 2015
Dave Stafford
A trial court erred when it denied a mother’s consensual termination of parental rights petition against the father due to concerns of a potential risk of conflict of interest involving the mother’s legal counsel.
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Court wrongly denied expungement of dismissed conviction

March 10, 2015
Dave Stafford
A man’s 1999 misdemeanor battery conviction that was dismissed when he completed his one-year probation sentence must be expunged, the Indiana Court of Appeals ruled Tuesday, reversing a trial court that denied his petition.
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ND improves but IU law schools fall in annual rankings

March 10, 2015
Marilyn Odendahl
Only one Indiana law school received good news with Tuesday’s release of the annual law school rankings.
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Indiana regulators revoke coal-gasification plant's permit

March 10, 2015
 Associated Press
State regulators have revoked an air permit for a proposed $2.8 billion coal-gasification plant in southwestern Indiana at the request of the plant's developer.
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Indiana high court won't review conviction in parent deaths

March 10, 2015
 Associated Press
The state Supreme Court won't consider an eastern Indiana man's appeal of his double-murder conviction in his parents' killings.
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Utah couple digitizing Vigo County probate records

March 10, 2015
 Associated Press
Vigo County is benefiting from a project that will digitize probate records dating back to 1818, the year the county was founded.
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Judge rejects diocese's bid to set aside in vitro verdict

March 10, 2015
 Associated Press
A jury was correct in finding that a Roman Catholic diocese discriminated against a former teacher by firing her for undergoing fertilization treatment, a federal judge has ruled.
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Appeals panel affirms East Chicago library board must repay insurance premiums

March 9, 2015
Dave Stafford
A trial court properly ruled for the state when it ordered East Chicago Library Board members to repay more than $136,000 in health, dental, vision and life insurance premiums since state law says those members serve without compensation, the Indiana Court of Appeals ruled Monday.
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More lawsuits filed in December Megabus crash in Indiana

March 9, 2015
 Associated Press
More lawsuits have been filed by Megabus passengers injured when a double-decker bus rolled onto its side in southern Indiana in December.
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SCOTUS to 7th Circuit: Review Notre Dame birth control case

March 9, 2015
 Associated Press, IL Staff
The Supreme Court is ordering the 7th Circuit Court of Appeals to take another look at the University of Notre Dame’s lawsuit concerning the overhaul of federal health care rules on paying for contraceptives.
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Indiana judge admonishes abducted teens' sister at hearing

March 9, 2015
 Associated Press
An Indianapolis judge admonished the sister of two Indianapolis teenagers kidnapped and held for ransom after she allegedly stole from her ex-boyfriend.
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COA upholds $10,000 fine for failure to cooperate with discovery

March 9, 2015
Marilyn Odendahl
A trial court that slapped a transportation company with a $10,000 sanction and ordered its president jailed if the fine was not paid did not commit an error, the Indiana Court of Appeals has ruled.
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ISBA fund awards $100,000 to Conour victims

March 9, 2015
IL Staff
The Indiana State Bar Association Clients’ Financial Assistance Fund Committee has given $100,000 to victims who suffered losses due to the dishonest acts of ex-attorney William Conour, the ISBA announced Monday. The money was divided among 24 victims.
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Federal judge fines abusive filer $1,200, bars future suits

March 6, 2015
Dave Stafford
A man who’s filed nearly four dozen lawsuits against defendants from “Bobby” to President Barack Obama lost his federal court privileges this week.
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Failure to conduct indigency hearing results in remand

March 6, 2015
Dave Stafford
A trial court that imposed a $340 probation fee on a defendant sentenced on misdemeanor convictions must be revisited because the court failed to conduct a hearing on the defendant’s ability to pay.
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20-year sentence for $60 drug deal reduced as excessive

March 6, 2015
Dave Stafford
The 20-year executed sentence a Kokomo man received after pleading guilty to selling an undercover police officer 10 hydrocodone pills for $6 each was excessive, the Indiana Court of Appeals ruled Friday.
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Lawsuit over Covanta recycling center plan set for hearing

March 6, 2015
Kathleen McLaughlin, IBJ Staff
A lawsuit prompted by Indianapolis Mayor Greg Ballard’s controversial recycling-plant deal is set for hearing March 10.
More
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  1. 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.

  2. 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.

  3. 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)

  4. "Meanwhile small- and mid-size firms are getting squeezed and likely will not survive unless they become a boutique firm." I've been a business attorney in small, and now mid-size firm for over 30 years, and for over 30 years legal consultants have been preaching this exact same mantra of impending doom for small and mid-sized firms -- verbatim. This claim apparently helps them gin up merger opportunities from smaller firms who become convinced that they need to become larger overnight. The claim that large corporations are interested in cost-saving and efficiency has likewise been preached for decades, and is likewise bunk. If large corporations had any real interest in saving money they wouldn't use large law firms whose rates are substantially higher than those of high-quality mid-sized firms.

  5. The family is the foundation of all human government. That is the Grand Design. Modern governments throw off this Design and make bureaucratic war against the family, as does Hollywood and cultural elitists such as third wave feminists. Since WWII we have been on a ship of fools that way, with both the elite and government and their social engineering hacks relentlessly attacking the very foundation of social order. And their success? See it in the streets of Fergusson, on the food stamp doles (mostly broken families)and in the above article. Reject the Grand Design for true social function, enter the Glorious State to manage social dysfunction. Our Brave New World will be a prison camp, and we will welcome it as the only way to manage given the anarchy without it.

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