TWO SETS OF RULES: HYPOCRISY IN APPELLATE REVIEW

The best children’s games include a set of rules that are familiar, simple, harmonious with each other, and applicable all the time to anyone who plays. And so it is in the affairs of adults. In the criminal justice theater, our rules must have general applicability and must not contradict each other. While a child […]

ODD COPS PART ONE: SPECIAL DEPUTIES

Series Introduction. The inspiration for the CLB’s “Odd Cops” series was bolstered by the COA’s February 28, 2017 opinion in Albee v. State, 71 N.E.3d 856 (Ind.Ct.App. 2017). Albee confirmed the stereotype of the hapless campus cop, as recounted in an appellate case note titled “What do you mean line-up…?” I made a list, which […]

WHAT ABOUT ROY?

AN UPDATE AND A CORRECTION As I write these words on December 13, 2017, Roy Moore has lost his bid to become the junior Senator from the State of Alabama. There will be no test in the Senate of my musings over the exclusion and expulsion options at Article I Sec. 5 of the Constitution. […]

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, […]