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Indianapolis attorney to represent accused USS Cole bomber mastermind

April 28, 2011
Michael Hoskins
A week after the federal government announced it would seek the death penalty against the prime suspect in the 2000 bombing of the USS Cole, the Department of Defense has appointed an Indianapolis attorney to represent the man who will face the first military tribunal under President Barack Obama’s administration.
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Judges rule on first impression escrow matter

April 28, 2011
Jennifer Nelson
For the first time, the Indiana Court of Appeals addressed whether it’s possible to create an escrow absent an escrow agreement or fee.
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7th Circuit rejects ineffective trial assistance claim

April 28, 2011
Jennifer Nelson
The 7th Circuit Court of Appeals has upheld the denial of a defendant’s motion to vacate his guilty plea, claiming ineffective assistance of trial counsel. The judges found the record foreclosed any claim that the man’s attorney was constitutionally ineffective or that the man didn’t otherwise knowingly and voluntarily plead guilty.
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Appellate court to visit Wabash for arguments

April 28, 2011
IL Staff
The Indiana Court of Appeals travels to Wabash Friday to hear arguments in an insurance case.
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COA splits on need for evidentiary hearing in revocation

April 27, 2011
Jennifer Nelson
The Indiana Court of Appeals split as to whether only a chronological case summary entry indicating a man’s admissions to violating terms of community corrections placement is enough to bypass holding an evidentiary hearing.
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Credit-time statute amendment not retroactive

April 27, 2011
Jennifer Nelson
An amendment to the statute governing credit-time eligibility for people on home detention in criminal corrections programs is not retroactive, therefore, a defendant isn’t entitled to credit time under the amendment, the Indiana Court of Appeals concluded Wednesday.
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Justices reverse forfeiture of truck

April 27, 2011
Jennifer Nelson
The Indiana Supreme Court agreed with the lower appellate court that a man’s truck shouldn’t have been lost in a civil forfeiture action because the state didn’t prove any substantial connection between the truck and the commission of a crime.
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Bicycling barristers

April 27, 2011
Jenny Montgomery
Lawyers say fitness and networking are among the perks of traveling to the office on two wheels.
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Bill expands merit selection

April 27, 2011
Jenny Montgomery
Lawmakers consider election vs. selection of Superior county judges in Lake County.
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Green construction poses legal risks

April 27, 2011
Jenny Montgomery
Standard contracts aren't adequate for this budding industry.
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Indiana court official visits Ukraine to discuss court access

April 27, 2011
Michael Hoskins
The trip was a part of an ongoing effort the United States is making to help Ukraine improve its judicial independence and establish more of a democracy.
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Balancing philosophical with practical concerns regarding death penalty

April 27, 2011
Michael Hoskins
Indiana Lawyer takes an in-depth look at the death penalty in the "Cost of Justice" series.
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Prosecutors: money doesn't trump other factors when considering death penalty

April 27, 2011
Michael Hoskins
At a time when capital punishment requests are down and some state officials are questioning the cost and overall effectiveness of seeking a death sentence, the issue of what it’s worth to go after this ultimate punishment is getting more scrutiny in Indiana and nationwide. Read more in Indiana Lawyer's in-depth look at the death penalty and the cost of justice.
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Effort seeks to revive citizens' civic interest

April 27, 2011
Jenny Montgomery
The message from lawyers, lawmakers, and educators is clear: Civic education is suffering, and along with it, our country. But no one seems certain how to convince people to care about civics.
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Legally preserving history

April 27, 2011
Michael Hoskins
Real estate, property negligence, and zoning laws are often utilized to preserve, restore, or protect sites having historic significance.
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Judge: Governor doesn't have to testify in IBM case

April 26, 2011
Michael Hoskins
Marion Superior Judge David Dreyer has ruled that Indiana Gov. Mitch Daniels doesn’t have to testify about his involvement in the cancelled multi-million dollar IBM contract to modernize the state’s welfare system.
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COA affirms transfer penalty for nursing home resident

April 26, 2011
Jenny Montgomery
The Indiana Court of Appeals has affirmed a finding by the Family and Social Services Administration that an elderly woman was not entitled to Medicaid nursing home benefits in the eight months after she gave $35,500 to her nephew and his wife.
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Committees propose new rules for parenting coordination

April 26, 2011
Jennifer Nelson
The Domestic Relations Committee and Alternative Dispute Resolution Committee of the Judicial Conference of Indiana have developed proposed parenting coordination rules and commentary. Parenting coordinators are used to help resolve disputes between parents regarding children. Currently, there are no existing Indiana Supreme Court rules covering the area.
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Quayles create scholarship for Indy law school

April 26, 2011
IL Staff
Former Vice President Dan Quayle and his wife, Marilyn, have created a scholarship for students at Indiana University School of Law-Indianapolis through an endowed gift of $200,000. The Quayles both earned their law degrees from the school in 1974.
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SCOTUS denies case between Indiana agencies on 11th Amendment

April 25, 2011
Michael Hoskins
The Supreme Court of the United States won’t take an Indiana case which delved into whether the 11th Amendment prohibits an independent state agency from suing a traditional state agency in federal court.
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Judges address 'public utility' questions

April 25, 2011
Michael Hoskins
In a case of first impression in this state, the Indiana Court of Appeals has determined that BP Products North America Inc.'s petroleum refinery plant in northern Indiana isn’t a public utility as defined by state statute when it acts as a sort of conduit and provides natural gas and other services such as steam and wastewater to other private companies nearby.
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COA rules botched burial does not entitle relatives to award

April 25, 2011
Jenny Montgomery
The Indiana Court of Appeals has ruled that relatives of a woman whose burial went awry are not entitled to damages.
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Judges uphold identity thief's sentence

April 22, 2011
Jennifer Nelson
In a decision Friday, the 7th Circuit Court of Appeals repeated its holding that a District judge can satisfy the review standards under 18 U.S.C. Section 3553(a) without having to list every possible sentencing factor or detail of every argument raised for the federal appellate court to find that the sentence was proper.
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Ind. magistrate judge to chair Federal Judicial Center committee

April 22, 2011
IL Staff
U.S. Magistrate Judge Tim A. Baker has been appointed by U.S. Supreme Court Chief Justice John G. Roberts Jr. to serve as chair of the Federal Judicial Center’s U.S. Magistrate Judge Education Advisory Committee.
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Lawsuit to take bar exam goes to 7th Circuit

April 22, 2011
Jennifer Nelson
The man who believes he should be able to sit for the bar exam even though he didn’t go to law school has asked the 7th Circuit Court of Appeals to reconsider the dismissal of his lawsuit.
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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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