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COA affirms remanded sentence

May 9, 2011
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s remanded sentence of 44 years, finding that his previous drug conviction could serve as both the basis for his consecutive sentence for a firearm conviction and to enhance his sentences for his other convictions.
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Judge rules against former deputy in Taser suit

May 9, 2011
Jennifer Nelson
A federal judge has ruled in favor of the Hamilton County sheriff and other officials in a former employee’s lawsuit filed after the employee was fired for refusing to be shocked by a Taser as part of a training session.
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Prosecutor undergoes bypass surgery

May 9, 2011
IL Staff
Marion County Prosecutor Terry Curry underwent cardiac bypass surgery Monday at an Indianapolis-area hospital.
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Justices take felony murder, child support cases

May 9, 2011
Jennifer Nelson
The Indiana Supreme Court has granted transfer to two cases - a convicted murder’s appeal and a case involving child support nonpayment.
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Federal judge upholds death sentence

May 6, 2011
Michael Hoskins
A federal judge in northern Indiana has denied a condemned inmate’s request to take him off death row, rejecting multiple claims that include one that would basically create a new rule prohibiting those who are severely mentally ill from being executed as is the standard for the mentally retarded.
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COA affirms perjury, misconduct convictions against children's caseworker

May 6, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that that a closed hearing on a juvenile proceeding was admissible as evidence in the perjury trial of an Indiana Department of Child Services caseworker.
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Greene County goes online with Odyssey CMS

May 6, 2011
IL Staff
The Greene County courts and clerk have adopted the use of the Indiana Supreme Court online Odyssey Case Management System.
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Comment period open for proposed probate rules

May 6, 2011
IL Staff
The final proposed Marion County Probate Rules and Probate Forms, which have been approved by the Marion Superior Court Executive Committee and the General Term of Marion Superior Court, are now available for review and comment.
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Justices address judicial-temperance presumption

May 6, 2011
Jennifer Nelson
The Indiana Supreme Court used an opinion Thursday to reaffirm the limitation described in Fletcher v. State on the judicial-temperance presumption.
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Judges order modification of dissolution decree

May 5, 2011
Jennifer Nelson
The Indiana Court of Appeals found a trial court abused its discretion when it didn’t consider a $160,000 change in value of a property when calculating marital assets and distributing marital property.
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Chief Justice given Circle of Hope Award

May 5, 2011
IL Staff
Indiana Supreme Court Chief Justice Randall T. Shepard received the Richard M. Fairbanks Circle of Hope Award Wednesday in Indianapolis. He received the award at the 10th annual Fairbanks Circle of Hope Dinner.
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AG's food drive raises more than 140,000 pounds of food

May 5, 2011
IL Staff
Indiana Attorney General Greg Zoeller’s March Against Hunger challenge among law firms has raised the equivalent of nearly 144,000 pounds of food for needy Hoosiers.
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Beech Grove City judge publicly admonished

May 5, 2011
Jennifer Nelson
The Indiana Commission on Judicial Qualifications has publicly admonished Beech Grove City Court Judge Charles W. Hunter for comments he made last year to an Indianapolis television reporter.
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Evansville bar names Gresham award winner

May 4, 2011
Jenny Montgomery
The Evansville Bar Association presented the James Bethel Gresham Freedom Award to Vanderburgh Circuit Judge Carl A. Heldt on April 29 at its annual Law Day dinner.
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Appellate court orders reinstatement of jury verdict

May 4, 2011
Jennifer Nelson
Finding a trial judge erred when granting a new trial because he didn’t make specific findings in setting aside a jury verdict, the Indiana Court of Appeals reversed the lower court and ordered the jury verdict reinstated.
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Landlord sent itemized letter on time

May 4, 2011
Jennifer Nelson
The Indiana Court of Appeals reversed judgment in favor of a tenant in a security deposit dispute, ruling that the landlord did deliver an itemized damages letter within statutory deadlines.
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7th Circuit addresses sex offender registration law

May 3, 2011
Michael Hoskins
The 7th Circuit Court of Appeals has joined a majority of other circuits nationwide in finding that the federal sex offender registration law is not a retroactive punishment on those who were convicted prior to 2006 and traveled after the law was enacted.
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Judges split on District Court’s use of Colorado River abstention doctrine

May 3, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals agreed that a homeowners’ citizen suit under the Resource Conservation and Recovery Act against a solid waste dump should be allowed despite two similar suits pending in state court filed by the Indiana Department of Environmental Management. However, the court split when determining whether the District Court erred by dismissing the homeowners’ suit based on the Colorado River abstention doctrine.
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Munster students finish 10th in national We the People competition

May 3, 2011
Jenny Montgomery
A group of teens from Munster High School finished 10th from a field of 52 in the national finals of We the People: the Citizen and the Constitution.
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IU-Maurer Ft. Wayne alumni lunch

May 3, 2011
IL Staff
Allen Superior Judge Stanley Levine and Indiana University Maurer School of Law Dean Lauren Robel will make remarks at a Fort Wayne alumni reception.
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Committees seek comment on problem-solving courts, programs

May 3, 2011
IL Staff
The Court Alcohol and Drug Program Advisory Committee and the Problem-Solving Courts Committee of the Judicial Conference of Indiana are seeking public comment on the new rules governing problem-solving courts and amendments to the court-administered drug and alcohol programs.
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SCOTUS denies cert, upholding Indiana's judicial canons

May 2, 2011
Michael Hoskins
It’s official: Indiana’s judicial canons are constitutional and the rules don’t infringe upon a judge or candidate’s free speech rights.
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Pinched nerve causes chief justice to miss arguments, Evansville event

May 2, 2011
Jennifer Nelson
Indiana Supreme Court Chief Justice Randall T. Shepard is dealing with a painful pinched nerve in his neck but is working on managing the pain and has not been hospitalized as a result of the condition, said Supreme Court Public Information Officer Kathryn Dolan.
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General Assembly wraps up on time

May 2, 2011
Jennifer Nelson
The 2011 session of the Indiana General Assembly ended on schedule despite the weeks-long walkout by House Democrats. Now, bills impacting Indiana’s courts and legal community make their way to the governor’s desk.
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COA rules on unjust enrichment issue for first time

April 29, 2011
Jennifer Nelson
For the first time, the Indiana Court of Appeals addressed an issue involving express contracts and equitable remedies and decided that the existence of a contract, in and of itself, doesn’t preclude equitable relief which isn’t inconsistent with the contract.
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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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