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Southern District seeks comment on rule changes

November 4, 2010
IL Staff
The U.S. District Court for the Southern District of Indiana has proposed several amendments to its Local Rules involving discovery disputes, class action suits, appearances, and sentencing.
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COA upholds denial of post-conviction relief

November 3, 2010
Jennifer Nelson
The Indiana Court of Appeals agreed with the post-conviction court that a defendant didn’t receive ineffective assistance of trial counsel, finding the man had no right to the effective assistance of counsel at the time he gave a statement to police in front of the attorney.
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'Greening Statehouse' event at IU-Indy

November 3, 2010
IL Staff
The Hoosier Environmental Council’s third annual “Greening the Statehouse” happens Saturday at Indiana University School of Law – Indianapolis.
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All judges up for retention to stay on bench

November 3, 2010
IL Staff
The 11 judges up for retention this year – including five on the Indiana Court of Appeals – will remain on the bench.
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Hamilton Superior judge arrested out-of-state for DWI

November 2, 2010
Michael Hoskins
Hamilton Superior Judge William J. Hughes was arrested for drunk driving last week while vacationing in the Outer Banks of North Carolina.
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High court takes 3 cases

November 2, 2010
IL Staff
The Indiana Supreme Court will hear a case in which a dissenting Court of Appeals judge worried that the majority’s finding would head toward a bright-line rule regarding the officer safety exception to the warrant requirement in the context of a car on the side of the road.
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Court History Symposium set for Nov. 18

November 2, 2010
IL Staff
The third annual “Court History Symposium: Court History and History in the Making” CLE will feature remarks from Southern District judges as the court enters a new era.
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Judge grants attorney summary judgment in collections suit

November 1, 2010
Jennifer Nelson
A federal judge ruled in favor of an Indianapolis attorney involved in a class-action suit alleging he violated the Fair Debt Collection Practices Act. The judge granted summary judgment to the attorney after finding the class representative fell outside the class definition.
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Order asks for attorneys, court to use more professionalism

November 1, 2010
IL Staff
The Indiana Supreme Court denied a request for a writ of mandamus Friday, but noted that the attorneys and court involved had failed to act as professionally as they should regarding schedules.
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Bose McKinney opens Fort Wayne office

November 1, 2010
IL Staff
After serving clients in the Fort Wayne area for several years, Bose McKinney & Evans today opened an office in the city that will also house the Bose Public Affairs Group.
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COA finds voyeurism statute not vague

October 29, 2010
Jennifer Nelson
The state’s voyeurism statute is not unconstitutionally vague, the Indiana Court of Appeals concluded today by rejecting a man’s claims that the statute would prevent taping a surprise birthday party.
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Court divides over injury claim under insurance policy

October 29, 2010
Jennifer Nelson
The Indiana Court of Appeals split today on whether a couple’s emotional distress claim constitutes “bodily injury” under their uninsured motorist coverage.
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Rules amended regarding default judgments and military service

October 29, 2010
IL Staff
The Indiana Supreme Court has approved amendments to the Indiana small claims and trial procedure rules.
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Judges split on court's role in garnishments with pro se debtors

October 28, 2010
Jennifer Nelson
The Indiana Court of Appeals was divided on whether a trial court should assert exemptions in garnishment actions on behalf of debtors who aren’t represented by counsel.
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Attorney, legal services organization receive access to justice awards

October 28, 2010
IL Staff
The Muslim Alliance of Indiana presented two awards today at its second annual Access to Justice luncheon.
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Judge Robb to become first female chief judge

October 28, 2010
IL Staff
Next year, the Indiana Court of Appeals will have its first woman chief judge.
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Panel names 3 Tax Court judge finalists

October 27, 2010
Michael Hoskins
Watch video highlights of finalists Joby Jerrells, Hon. Karen Love, and Martha Wentworth's interviews before the Indiana Judicial Nominating Commission.
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Federal courthouse to celebrate new, old murals

October 27, 2010
IL Staff
An event Friday at the Birch Bayh Federal Building and United States Courthouse in Indianapolis will celebrate the recent installation of new murals on the third floor of the building as well as recognize the 75th anniversary of murals on that floor.
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Update: Professor who taught at Indy Law since 1977 dies

October 27, 2010
IL Staff
Professor emeritus Henry C. Karlson, who taught criminal law at Indiana University School of Law – Indianapolis for more than 30 years, died Monday of cancer.
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Rewriting the rules on attorney advertising

October 27, 2010
Michael Hoskins
If you practice law in Indiana, new rules are at your doorstep for how to go about attorney advertising in this state.
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Commission on Courts makes recommendations

October 27, 2010
Michael Hoskins
As the interim legislative calendar wound down to make way for the next Indiana General Assembly session, the Commission on Courts has made recommendations on new court requests and discussed issues that impact funding and structure of statewide trial courts.
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Courts consider foreclosure issues

October 27, 2010
Rebecca Berfanger
To address recent news regarding foreclosures – including a handful of national banks putting holds on foreclosure proceedings regarding their lenders – participants in the foreclosure prevention efforts of the Indiana Supreme Court, including judges in pilot programs around the state for settlement conferences, held a conference call Oct. 19 to address these issues.
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Adult guardians sworn in

October 27, 2010
Rebecca Berfanger
A swearing-in ceremony for the first class of the Wishard Volunteer Advocates Program took place Oct. 18 at Indiana University School of Law – Indianapolis.
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Lawyers in uncharted waters with 358 med-mal claims against former physicianRestricted Content

October 27, 2010
Michael Hoskins
If ever there was a line of litigation symbolizing a “cornucopia of legal issues,” then it’s the string of claims against the former Merrillville sinus specialist known as “The Nose Doc.”
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Justice David joins the Indiana Supreme Court

October 27, 2010
Michael Hoskins
One word marked Justice Steven H. David’s beginning on the Indiana Supreme Court: wow.
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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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