Articles

Indiana federal judge sanctions attorneys

A federal judge in Hammond has sanctioned two Detroit attorneys who filed what he calls a frivolous claim demonstrating a pattern of misconduct, fining each lawyer and their client in a sharply worded ruling.

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Sidewalk 6 trial off; judge to decide penalty

Less than a week before a state civil racketeering trial was set to begin, a former East Chicago mayor and one of his closest aides have waived their right to defend themselves before a jury in court.

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DNA-access ruling may have limited impact

A ruling today from the nation's highest court says convicts don't have any constitutional right to test state DNA evidence after their convictions become final, but that decision may not impact Indiana or much of the country.

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Report issued in UPL claim on trust mill case

The Indiana Supreme Court has never determined whether the money spent during the prosecution of an Unauthorized Practice of Law claim fits into the "costs and expenses incurred by such a hearing" category, which means that a losing party pays under Administrative Disciplinary Rule 24.

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Federal judge still won’t block Voter ID law

A week before some Indiana voters go to the polls, a federal judge in Indianapolis has declined to block the state's voter identification law that's currently in flux following a state appellate court ruling in September.

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Judge again finds death row inmate competent

A federal judge in Indianapolis has found that a death row inmate is competent to assist his attorneys and proceed with a five-year-old habeas appeal that's been stayed twice because of mental health concerns.

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Attorney files suit against Indiana’s JLAP

A lawyer in good standing in Kansas is suing Indiana Judges and Lawyers Assistance Program officials, among others, claiming his civil and constitutional rights were violated during his application process to practice law in this state.

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Senate Judiciary OKs magistrate for judge

U.S. Magistrate Judge William T. Lawrence in Indianapolis has just won unanimous approval from the Senate Judiciary Committee this morning to become a federal district judge.At the end of its 10 a.m. business meeting that concluded just before 10:30 a.m., the committee voted 10-0 in favor of Magistrate Lawrence’s nomination for a judgeship in the Southern District of Indiana. His confirmation hearing was May 2.Now, Magistrate Lawrence awaits confirmation from the full Senate. The president had selected him in February to…

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Zachary’s Law case could go to SCOTUS

The Indiana Attorney General’s Office wants the nation’s highest court to review the 7th Circuit Court of Appeals ruling from last summer on a death-penalty case, which inspired Zachary’s Law that requires convicted child molesters to register their addresses in a statewide public database.

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Five appellate jurists will be on ballot

Michael W. Hoskins [email protected] All of Indiana’s appellate jurists facing retention this year will appear on November’s ballot. Facing a Tuesday deadline to file retention paperwork, the five jurists have told Indiana Lawyer they hope to return to either the Indiana Supreme Court, Court of Appeals, or Tax Court. Chief Justice Randall T. Shepard, Justices Theodore M. Boehm and Brent E. Dickson, Court of Appeals Judge Carr Darden, and Tax Court Judge Thomas G. Fisher are up for retention. Late last week,…

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Attorneys scrutinize ad ruling

Two Indianapolis law firm partners wonder why they were not given a chance to prevent potential lawyer advertising violations as colleagues have been given off and on through the years.

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Commission wants judge suspended now

The Indiana Judicial Qualifications Commission agrees with a three-masters panel that a Marion Superior judge should be removed from the bench but wants him immediately suspended while the Indiana Supreme Court considers his final punishment.

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BMV tosses personalized license plate policy

 A federal lawsuit involving the Indiana Bureau of Motor Vehicles and how it handles personalized license plates may be settled in the next week, now that the state agency has thrown out the revised policy banning all religious or deity phrases. BMV Commissioner Ron Stiver reversed a policy decision Nov. 25 that had taken effect Nov. 6 banning any requested personalized plate message carrying a religious or deity message. Now, an eight-person internal committee will review all requested messages the way…

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Senior Judge Jonathan Robertson dies

The Indiana Court of Appeals has lost a former chief judge who had authored more majority opinions than any of his colleagues during his nearly three decades on the appellate bench.

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Plan: protect educators who discipline students

Indiana Gov. Mitch Daniels wants more legal protection for educators who discipline students to keep order in their schools.A news release issued this morning announced the governor’s plans to work with lawmakers in the coming legislative session to pass a law providing legal immunity for those teachers and school staff members who, in good faith, discipline students. He also wants the Indiana Attorney General’s Office to use its statutory authority to defend any teacher who becomes the target of unreasonable litigation.The…

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Convict fights tooth and nail, loses on the tooth

A tooth is considered a “bodily member or organ” within the definition of the state’s aggravated battery statute, the Indiana Court of Appeals ruled March 7.Deciding a case of first impression in Derrick C. Smith v. State of Indiana, No. 45A03-0708-CR-357, the appellate court ruled that a Lake Superior judge properly determined that enough evidence existed to support Smith’s conviction under the state’s aggravated battery statute.Incarcerated at the Lake County Jail in August 2006, Smith and another inmate overpowered a jail…

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Justices find ineffective assistance in case

The Indiana Supreme Court has determined an appellate attorney rendered ineffective assistance in an Evansville kidnapping case that resulted in a police dog being fatally shot 10 years ago.A unanimous court ruled Feb. 27 in Antwain Henley v. State of Indiana, No. 82S05-0701-PC-31, which comes from a Vanderburgh County case at the post-conviction relief stage involving a pro se litigant. The Court of Appeals panel issued a ruling in October 2006, reversing and holding in favor of the defendant Henley, and remanding for a new…

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