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UPDATE: SCOTUS upholds Indiana voter ID law

A week before Hoosier voters head to the polls, the nation’s highest court has upheld Indiana’s law requiring voters to show identification before casting a ballot. The Supreme Court of the United States issued its decision, this morning in the pair of consolidated Hoosier cases William Crawford, et al. v. Marion County Election Board, et al., No. 07-21, and Indiana Democratic Party, et al. v. Todd Rokita, No. 07-25. The decision rejected the constitutional challenge to the strictest voter ID law in…

Lectures discuss screening lawyers, e-lawyering

The 11th annual Tabor Institute in Legal Ethics lectures featuring a bench and bar lecture and a public lecture will be April 24 at Valparaiso University School of Law. Both lectures are free and open to the public. The bench and bar lecture, “Gatekeepers: The Role of the Law School and the Bar in Regulating Access to the Profession (A Reflection on Traffic Tickets, Microwaving Cats, and Spanking),” George Washington University Law School professor Theresa A. Gabaldon will explore the growing…

Mass transit topic of ACLU discussion

The future of mass transit in Indianapolis will be the subject of the American Civil Liberties Union of Indiana’s next First Wednesday discussion.The discussion will be from noon to 12:50 p.m. April 2 at the Indiana History Center, 450 W. Ohio St., Indianapolis. Panelists include Gil Holmes, president of IndyGo; economist Morton Marcus, who has written about why he doesn’t think people would give up their cars to ride mass transit in Indiana if given the choice; and Nuvo editor David…

Supporting politicians: Legal industry among biggest contributors to campaigns

 Attorneys’ total contributions nationally to 2008 presidential candidates*:If you’ve been getting calls since the primaries or even earlier, asking you to donate to political party A or candidate B, or to help to spread the word about issue C, you’re not alone. It’s no secret that attorneys – whether as individuals or as a combined effort of attorneys in a firm – contribute to campaigns. In federal campaigns in 2004 and so far this year, Indiana lawyers are listed as…

Public defender finalists named

Two men vying for Marion County’s top public defender spot will face public interviews next week before members of the county agency’s governing board decide which one will ultimately be recommended for the position.The Marion County Public Defender Agency’s board of directors declined to release names publicly until today. The board is searching for someone to succeed chief defender David E. Cook, who is leaving the agency for Indianapolis immigration firm Gresk & Singleton.Indianapolis defense attorneys Robert J. Hill Jr. and…

Court remands to recalculate attorneys’ fees

The Indiana Court of Appeals affirmed the eviction of a renter and an award of damages in favor of her former landlord, but it reversed the amount of attorneys' fees she has to pay because the trial court's rationale in determining the amount was insufficient.

St. Joseph Bar releases judicial evaluation

St. Joseph County Bar Association members have evaluated the five St. Joseph Superior judges up for retention this year – Judges Roland W. Chamblee Jr., David C. Chapleau, Jerome Frese, Jenny Pitts Manier, John M. Marnocha, Jane Woodward Miller, and Michael P. Scopelitis. All of the judges received a combined average score of either average/acceptable or above average.

COA: Award fees for litigation costs

The Indiana Court of Appeals instructed a trial court today to follow its guidance on remand to determine the amount of money to award to a man who wants to recover fees for litigation at the trial and appellate levels. The court hopes to avoid another appeal of the case.

Court: Lawyer necessary in federal litigation

Although the 7th Circuit Court of Appeals affirmed the convictions of a defendant and his company for violations of the Clean Water Act in an unpublished opinion today, the appellate court wrote a separate opinion to discuss the issue of whether a limited liability corporation can proceed pro se in federal litigation if an attorney had already worked on the case.

Attorney, ICLU founder dies

A prominent and well-respected labor attorney who had a great impact on Indianapolis and the legal community died July 27.Alan T. Nolan, an attorney, author, and historian, was 85. Calling and a memorial service will be Aug. 10 and 11.Nolan was born in Evansville and moved to Indianapolis at the age of 10. He attended Harvard Law School and clerked for Sherman Minton at the 7th Circuit Court of Appeals in Chicago. He returned to Indianapolis in 1948 and practiced law…

Prosecutor’s office allowed to file counterclaim

The Marion County Prosecutor’s Office was allowed to vacate property it leased after repeated water leaks because the landlords constructively and actually evicted the office from the property, the Indiana Court of Appeals affirmed March 4. At issue in Village Commons, LLC and Rynalco, Inc. v. The Marion County Prosecutor’s Office and Carl Brizzi, No. 49A05-0704-CV-195, is whether the exclusive-remedy provision in the lease between Village Commons and Rynalco (landlords), and the prosecutor’s office barred the office from asserting it was evicted…

Nebraska: Electric chair unconstitutional

A landmark ruling from the Nebraska Supreme Court this morning means that the last state allowing electric chair executions can’t use the method because it’s considered cruel and unusual punishment.The 6-1 ruling today in State of Nebraska v. Richard Mata, Jr., S-05-1268, affirms the death sentence but stays the execution. The court decided that the legislature may vote to have a death penalty but not one that offends rights under the state constitution. Because the decision is based solely on state…

Bankruptcy filings up in Indiana

Bankruptcy cases in federal courts have increased more than 30 percent in the fiscal year ending in September as compared to the 2007 fiscal year. In Indiana, bankruptcy cases have increased more than 25 percent in the U.S. District Court's Northern and Southern districts.

Public defender facing suspension

A Marion County public defender is being suspended from his job after his arrest during an undercover child sex sting this weekend.The chair of the public defender office’s board of directors confirmed that Ryan Snyder, 29, is being suspended today and the Marion County Public Defender’s Agency is determining whether that will be paid leave or not.”We don’t want to be premature, and we have to let the judicial system work,” said chair Jimmie McMillian, an associate with Indianapolis firm Barnes…

Luncheon to discuss lobbying, ethics

The president and CEO of Common Cause, a nonpartisan nonprofit organization that aims to hold elected officials accountable, will be the keynote speaker at a CLE luncheon co-sponsored by the organization and AARP Indiana

IU-Bloomington receives $4 million gift

An alumnus of Indiana University School of Law – Bloomington has donated $4 million to the law school to provide scholarships for students. California criminal defense attorney Donald P. Dorfman gave the money with the goal of helping students who are working their way through school. The entire gift will be dedicated to endowed scholarships and qualifies for matching funds as part of IU’s Matching the Promise campaign, which is why Dorfman decided to make the donation now. Dorfman received the…

COA reverses termination of father’s rights

The Indiana Court of Appeals reversed a trial court order terminating the parental rights of a father, finding the trial court erred when it relied on an independent investigation to end his rights without giving the father a chance to view or respond to the investigation. In In Re: The Matter of the Termination of the Parent-Child Relationship of S.F. and J.F., Michael Farley v. Allen County Child Services, No. 02A03-0707-JV-306, the appellate court was asked to decide whether Farley was denied…

Anderson attorney dies after accident

An Anderson attorney involved in an auto accident Saturday evening in southern Madison County has died. Robert Cowles and his wife Sally were riding on a Harley-Davidson motorcycle on State Road 13 when they were hit head on by a SUV.

Defendant had right to confront lab technician

The Indiana Court of Appeals reversed a defendant’s drug conviction, finding his Sixth Amendment right to confrontation was denied when he was unable to depose or cross-examine the lab technician who prepared a report stating cocaine was found in his car.In Ricky L. Jackson v. State of Indiana, No. 27A02-0710-CR-902, Ricky Jackson appealed his conviction of dealing in cocaine, invoking the U.S. Supreme Court’s ruling in Crawford v. Washington, 541 U.S. 36 (2004), which ruled that when testimonial statements are at issue,…