THE ROBERT NEARY UPDATE

The name of former LaPorte County Deputy Prosecutor Robert Neary has received considerable attention, all negative, from the CLB. On this sixth day of November, 2017 there came an end to Neary’s disciplinary case commenced December 17, 2015. He will be suspended beginning December 18, 2017 for four years without automatic reinstatement. It is likely […]

SHUT IT DOWN: THE INVALIDITY OF MUNICIPAL CODE VIOLATION NOTICES

Small Claims Court has a duly authorized (Small Claims Rule 2) dual-purpose form which is a Notice of Claim (Complaint) on one side and a Summons/Return of Summons on the other. For State law traffic infractions plus municipal code violations¹ (traffic or not) IC 9-30-3-6(c) provides another convenient hybrid complaint and summons for the commencement […]

MR. WEINSTEIN AND THE CULPABILITY OF OTHERS

No, the CLB does not intend to blame the targets of (former) Hollywood Producer Harvey Weinstein for having been propositioned, groped, humiliated, intimidated, or worse. How in the world could such a high volume predation persist over more than two decades? One answer is that Weinstein had enablers. Let’s see who they were. There had […]

THOUGHTS ON THE 25TH AMENDMENT

The news of late includes word of Republicans (Sen. Bob Corker, for example) joining the chorus of Democrats questioning President Trump’s fitness to hold office. Some of those voices (on the Democratic side) are ones that have also called for impeachment. Even if Special Counsel Robert Mueller finds traction enough to indict two or three […]

DECONSTRUCTING HISTORY

Imagine an ancient culture steeped in the worship of false gods, slave labor, and even human sacrifice to appease those false gods. Would you build a monument to such people?…My rational guess is that you would not. Would you preserve (or at least tolerate) the monuments that such people built during their time?…My rational guess […]

STOP WASTING MY TIME, YOUR HONOR!

Most lawyers and litigants show respect for the court’s time by their punctual arrival. It is unfortunate that the respect for a court’s time is too often unrequited. There is a diseased culture of arrogance in one important aspect of the region judicial system. The important aspect is scheduling. The nature of the arrogance is […]

DEADLY ASPHALT

Prologue. This Featured Article began as an appellate case note but grew beyond the applicable albeit unofficial parameters of a case note. The article presents candid, condign criticism of the COA’s pronouncement of an unlikely and hitherto unknown “deadly weapon” that is neither deadly nor a weapon in law or in fact. On June 23, […]

LARKIN II IN 50 PAGES AND MORE

It was June of 2015 (prior to the CLB launch) when the COA decided Taylor v. State, 35 N.E.3d 287 (Ind.Ct.App. 2015). Then in March of 2016 the SCOTSI handed down its Transfer decision in Taylor at 49 N.E.3d 1019 (Ind. 2016). In September of 2015 the COA dismissed (as moot) an interlocutory appeal in […]

RIP, ILB

For 14 years (or thereabouts), the Indiana Law Blog of attorney Marcia Oddi handled the heavy lifting of Hoosier Law Blogdom (or is it Bloggery?) with fairly reliable daily content. As for new for-publication Opinions of the COA and SCOTSI, you could expect a cut-and-paste paragraph of the central holding but little or nothing (mostly […]

RE-ACCOMMODATE THIS, UNITED!

On April 9, 2017 United Airlines reminded us how paying passengers are just cargo. A man who was boarded, seated, and ready to fly home from Chicago’s O’Hare to Louisville, Kentucky was dragged off the aircraft by thugs of the Chicago Aviation Security Department. Since then, UA apologists have made reference to a “contract of […]