Latest News

Legal trend utilizes AG experience

July 6, 2011
Michael Hoskins
When he was the state’s top prosecutor, former Indiana Attorney General Jeff Modisett saw the beginning of a trend that’s now become a focus of his practice.
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Federal anti-streaming bill has broad implications

July 6, 2011
Michael Hoskins
Putting a video on YouTube and embedding that video onto another site could be all it takes to commit a felony under a statutory amendment before the U.S. Senate.
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The law of art

July 6, 2011
Jenny Montgomery
Katie Zarich, deputy director of public affairs for the Indianapolis Museum of Art, had worked for the IMA for a year when she decided to go to law school. She applied only to Indiana University School of Law-Indianapolis, knowing that she wanted to continue working for the museum as she attended class at night.
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Justices keep pace with past years' activity

July 5, 2011
Michael Hoskins
In the final days before its fiscal calendar year ended, the Indiana Supreme Court kept pace with past years’ activity levels.
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Pharmacy group sues over state's Medicaid fee cut

July 5, 2011
Michael Hoskins
A non-profit group for local pharmacies statewide is suing the state’s Medicaid office in federal court, attempting to block cuts to the fees given to local pharmacies participating in the Medicaid program.
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Indiana securities attorney dies

July 5, 2011
Michael Hoskins
Prominent Indiana trial attorney Thomas A. Hargett, who obtained a $262 million jury verdict against a securities company nearly a decade ago, died last week after battling cancer.
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New law allows for restricted record access for certain crimes

July 1, 2011
Michael Hoskins
A change in state law that starts Friday allows non-violent offenders to have their criminal records sealed for misdemeanor and Class D felonies. An Indianapolis man is already filing a petition asking the Marion Superior Court to limit access to records involving two money conversion convictions.
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Permanent retroactivity applied to crack-cocaine sentence reductions

July 1, 2011
Michael Hoskins
Thousands of federal inmates nationally and more than 200 from Indiana could get time shaved off their prison terms for crack-cocaine convictions, after the U.S. Sentencing Commission voted to make reductions retroactive starting later this year.
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Appeals court reverses District Court on overtime pay

July 1, 2011
Jenny Montgomery
The 7th Circuit Court of Appeals has reversed a District Court’s finding that a tow truck driver was not entitled to overtime pay.
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Anti-terrorism simulation documentary wins Emmy Award

July 1, 2011
IL Staff
A documentary about the 2009 anti-terrorism simulation exercise hosted by Indiana University School of Law-Indianapolis won an Emmy Award.
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Hammond traffic judge faces misconduct charges

June 30, 2011
Michael Hoskins
Hammond City Judge Jeffrey A. Harkin faces three misconduct charges for operating an illegal traffic school deferral program and dismissing cases without assessing required fees, as well as dissuading one litigant from contesting a seatbelt violation in court.
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Court orders new arson trial

June 30, 2011
Jennifer Nelson
The Indiana Court of Appeals ordered a new trial for a man convicted of arson because the trial court erred in letting the state amend the charging information after it had read the original charges to the jury.
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Supreme Court rules on cheek swab case

June 30, 2011
Jennifer Nelson
In a 4-1 decision handed down June 30, the Indiana Supreme Court found a man's consent to the swab of his cheek for DNA was voluntary, so the swab didn't violate the Fourth Amendment.
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COA turns to dictionary in contract dispute

June 30, 2011
Jenny Montgomery
Citing Black’s Law Dictionary’s definitions of “solicit” and “induce,” the Indiana Court of Appeals has affirmed a trial court’s finding that a software company did not violate terms of its contract with another business.
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Lawmakers discuss scope of police entry case

June 30, 2011
Michael Hoskins
A Bedford lawyer-legislator says a recent Indiana Supreme Court decision on resisting police entry has resulted in more feedback from attorneys and residents statewide than he’s experienced since the daylight saving time debate.
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Justices split on recovery of attorney fees under Adult Wrongful Death Statute

June 30, 2011
Jennifer Nelson
The Indiana Supreme Court issued three opinions June 29 dealing with what fees are recoverable under the Adult Wrongful Death Statute, holding that attorney fees, litigation expenses, and loss of services can be recovered. Chief Justice Randall T. Shepard and Justice Robert Rucker dissented in each decision, believing that those fees aren’t allowed under the statute.
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High court divided on revising molester's sentence

June 30, 2011
Jennifer Nelson
Two justices dissented from their colleague’s decision to reduce a child molester’s sentence more than 50 years, believing the opinion “blurs the guidance” given in a 2008 opinion regarding sentence reviews.
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Justices: Child placement statutes are constitutional

June 29, 2011
Michael Hoskins
In a much-anticipated ruling, the Indiana Supreme Court has ruled three statutes relating to juvenile judges’ authority on out-of-state placement cases are constitutional and that the Department of Child Services has statutory power to consider costs when considering those placements.
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Hearing officer finds in Carl Brizzi's favor in disciplinary action

June 29, 2011
Michael Hoskins
A hearing officer recommends that disciplinary charges be dismissed against ex-Marion County Prosecutor Carl Brizzi, and now it’s up to the Indiana Supreme Court to consider the case.
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High court divided on public intoxication charge

June 29, 2011
Jennifer Nelson
In deciding that a woman’s public intoxication conviction should stand, four Indiana Supreme Court justices declined to reverse her conviction on public policy grounds and found the conviction didn’t violate any constitutional right.
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Court: Man may be classified as sexually violent predator

June 29, 2011
Jennifer Nelson
The Indiana Supreme Court ruled 4-1 that classifying a man as a sexually violent predator due to an amendment to the Sex Offender Registration Act doesn’t violate Indiana’s prohibition of ex post facto laws or the doctrine of separation of powers.
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Attorney general appealing Planned Parenthood decision

June 29, 2011
IL Staff
Indiana Attorney General Greg Zoeller has filed a notice of appeal regarding the recent decision by U.S. Judge Tanya Walton Pratt to halt enforcement of a new law which withholds funding from abortion providers.
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Justices reduce molester's sentence to 110 years

June 28, 2011
Jennifer Nelson
The Indiana Supreme Court found that an enhanced sentence for a man convicted of nine counts of molesting his girlfriend’s young daughter is warranted, but reduced the man’s 324-year sentence to 110 years.
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Court of Appeals dismisses termination-order appeal

June 28, 2011
Jennifer Nelson
Because the parents of six children who were removed from their home did not timely initiate the appeal of termination of their parental rights, the Indiana Court of Appeals dismissed their appeal.
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Recount commission rules in favor of secretary of state

June 28, 2011
IL Staff
Indiana Secretary of State Charlie White will remain in office. The Indiana Recount Commission voted 3-0 in favor of White, finding the Indiana Democratic Party didn’t provide sufficient evidence that White wasn’t eligible to take office.
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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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