Latest News

COA to visit high school for oral arguments

November 11, 2010
IL Staff
The Indiana Court of Appeals will hear oral arguments in a trespass and resisting law enforcement case at an Indianapolis high school Nov. 16.
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Northern District Local Rules amended

November 11, 2010
IL Staff
Four local rules have been amended in the U.S. District Court of Indiana, Northern District. Changes have been made to Local Rule 7.1, Motion Practice; Length and Form of Briefs; L.R. 56.1 Summary Judgment Procedure; L.R. 200.1, Bankruptcy Cases and Proceedings; and Appendix C, Notice to Pro Se Litigant.
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COA: State could charge man for leaving scene of fatal accident

November 10, 2010
Jennifer Nelson
The Indiana Court of Appeals affirmed a man’s conviction for failing to return to the scene of a fatal accident, finding the state wasn’t barred under collateral estoppel principles from prosecuting him for the same crime as another man who had already been convicted of causing the victim’s death.
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High court vacates transfer order

November 10, 2010
IL Staff
The Indiana Supreme Court has decided not to take the case of a man who claimed he received ineffective assistance of trial counsel.
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ATC chairman stepping down

November 10, 2010
IL Staff
P. Thomas Snow, a former judge in Wayne County, is resigning as chairman of the Alcohol & Tobacco Commission.
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New advertising rule on law firm monikers sparks concern

November 10, 2010
Michael Hoskins
New attorney advertising rules adopted recently by the Indiana Supreme Court have some lawyers throughout the state worried that they’re being forced to change their law firm names from what’s historically been allowed.
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Human trafficking cases on the rise in IndianaRestricted Content

November 10, 2010
Rebecca Berfanger
While it may still be an issue under the radar of many Hoosiers, human trafficking seems to be thriving in Indiana.
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Giving a gift of life

November 10, 2010
Rebecca Berfanger
For some, when a family member needs something, there’s no doubt that the right thing to do is step up and give. That was the case with two members of the legal community.
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Lawyer sentenced on child porn case

November 10, 2010
Michael Hoskins
Anderson attorney Samuel Hasler, who pled guilty to a pair of child pornography charges, has received a 151-month sentence, meaning he’ll spend more than 12 years behind bars and then face a lifetime of supervised release.
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Diversity issues affect family lawRestricted Content

November 10, 2010
Rebecca Berfanger
While family law cases can be complicated – especially if children are involved and a case has ended up in front of a judge after the parties couldn’t come to an agreement on their own through mediation – the issues only get more complicated when fundamental differences exist between the parties.
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New national act would address adult guardianship matters

November 10, 2010
Michael Hoskins
New law changes are on the horizon in order to create more uniform guardianship laws throughout the country and reduce conflicts between states.
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Second Century suit can proceed

November 10, 2010
Michael Hoskins
A Marion Superior judge has lifted a stay on the litigation involving East Chicago’s accounting and use of casino revenue, allowing the state to proceed with discovery and ask the court to require a for-profit organization to turn over documents relating to millions in casino revenue.
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Brizzi disciplinary case delayed again

November 10, 2010
Michael Hoskins
By the time Marion County Prosecutor Carl Brizzi faces a disciplinary hearing on alleged misconduct about how he publicly discussed pending cases, he’ll have finished his term and will no longer be prosecutor in the state’s largest county.
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New federal judge sworn in, robed

November 10, 2010
IL Staff
U.S. Judge Jon DeGuilio took his oath and was officially sworn in Oct. 29 as the newest member of the U.S. District Court, Northern District of Indiana, where he’ll preside in the South Bend division.
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Corporate attorney serves as insurer's litigation counsel

November 10, 2010
Michael Hoskins
Crown Point attorney Shontrai Irving may be considered a success story in the legal world with multiple awards illustrating his experience in the corporate, criminal, and civil sides of the law. But that’s only one part of what he does, and while he loves the lawyering, it’s not what makes him the most proud.
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Editorial: Human trafficking is local issue

November 10, 2010
Editorial Indiana Lawyer
It’s a silent and devastating problem going on right under our noses, and it’s going to take courage and a willingness to ask invasive and uncomfortable questions to stop it.
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Pipeline programs to improve diversityRestricted Content

November 10, 2010
Rebecca Berfanger
When high school students don’t know attorneys or judges, it’s less likely they’ll know how to become attorneys or judges. This is particularly true in urban neighborhoods. To counter that, diversity pipeline programs are being created to encourage more ethnic and racial diversity in the legal profession.
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Agency wants one-year suspension

November 10, 2010
Michael Hoskins
The Indiana Supreme Court’s Disciplinary Commission argues that a hearing officer’s recommendation of a public reprimand against Delaware County Prosecutor Mark McKinney is inadequate and the elected official should receive a one-year suspension.
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SCOTUS mulling the future of class-action suits

November 9, 2010
Michael Hoskins
Defense and plaintiffs attorneys alike have their eyes on the Supreme Court of the United States, which has before it a case that some say could spell the end to class-action lawsuits in the name of contractual arbitration.
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Court affirms locked glove box search

November 9, 2010
Michael Hoskins
Without a case on point for the Indiana Court of Appeals to follow, the state’s second-highest appellate court has followed the direction of federal rulings and national precedent on allowing police to search locked glove boxes without a warrant.
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COA: jury should have had access to images

November 9, 2010
Rebecca Berfanger
The Indiana Court of Appeals today reversed and remanded a jury verdict in favor of medical care providers in a medical-malpractice case involving a permanent eye injury following laser eye surgery. The appellate court concluded the trial court's evidentiary and instructional rulings constituted reversible error.
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SCOTUS reverses 7th Circuit a second time on capital case

November 8, 2010
Michael Hoskins
An Indiana case has prompted the nation’s highest court to reiterate that federal courts can’t issue any writ of habeas corpus to state prisoners whose confinements do not violate U.S. law.
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Commission sends Tax Court finalists' names on to governor

November 8, 2010
IL Staff
The Indiana Judicial Nominating Commission submitted the names of the three finalists for the Indiana Tax Court to Gov. Mitch Daniels Friday.
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Court divided on invasion of privacy charge

November 8, 2010
Jennifer Nelson
The Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been convicted of invasion of privacy when she spoke to the protected party during a court hearing.
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Ticket can't constitute 'testimonial hearsay'

November 8, 2010
Jennifer Nelson
Because a chemical breath-test evidence ticket is a mechanically produced readout that can’t be considered “testimonial hearsay” under U.S. Supreme Court precedent, the Indiana Court of Appeals held a man’s Sixth Amendment rights weren’t violated when the equipment technician didn’t testify at his drunk-driving trial.
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  1. The fee increase would be livable except for the 11% increase in spending at the Disciplinary Commission. The Commission should be focused on true public harm rather than going on witch hunts against lawyers who dare to criticize judges.

  2. Marijuana is safer than alcohol. AT the time the 1937 Marijuana Tax Act was enacted all major pharmaceutical companies in the US sold marijuana products. 11 Presidents of the US have smoked marijuana. Smoking it does not increase the likelihood that you will get lung cancer. There are numerous reports of canabis oil killing many kinds of incurable cancer. (See Rick Simpson's Oil on the internet or facebook).

  3. The US has 5% of the world's population and 25% of the world's prisoners. Far too many people are sentenced for far too many years in prison. Many of the federal prisoners are sentenced for marijuana violations. Marijuana is safer than alcohol.

  4. My daughter was married less than a week and her new hubbys picture was on tv for drugs and now I havent't seen my granddaughters since st patricks day. when my daughter left her marriage from her childrens Father she lived with me with my grand daughters and that was ok but I called her on the new hubby who is in jail and said didn't want this around my grandkids not unreasonable request and I get shut out for her mistake

  5. From the perspective of a practicing attorney, it sounds like this masters degree in law for non-attorneys will be useless to anyone who gets it. "However, Ted Waggoner, chair of the ISBA’s Legal Education Conclave, sees the potential for the degree program to actually help attorneys do their jobs better. He pointed to his practice at Peterson Waggoner & Perkins LLP in Rochester and how some clients ask their attorneys to do work, such as filling out insurance forms, that they could do themselves. Waggoner believes the individuals with the legal master’s degrees could do the routine, mundane business thus freeing the lawyers to do the substantive legal work." That is simply insulting to suggest that someone with a masters degree would work in a role that is subpar to even an administrative assistant. Even someone with just a certificate or associate's degree in paralegal studies would be overqualified to sit around helping clients fill out forms. Anyone who has a business background that they think would be enhanced by having a legal background will just go to law school, or get an MBA (which typically includes a business law class that gives a generic, broad overview of legal concepts). No business-savvy person would ever seriously consider this ridiculous master of law for non-lawyers degree. It reeks of desperation. The only people I see getting it are the ones who did not get into law school, who see the degree as something to add to their transcript in hopes of getting into a JD program down the road.

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