SECOND THOUGHTS ON PARKLAND

As discussed in my Article of February 20, 2018, law enforcement (FBI and local) failed the students and faculty of the Marjory Stoneman Douglas High School before the massacre of February 14, 2018. The failure was the (apparently systemic) turning of a blind eye and deaf ear toward early warnings of the threatening behavior of […]

HAMMOND’S VICTORY FOR NOW

The case is City of Hammond v. Herman & Kittle Properties, Inc., a grueling 56-page Opinion of the COA delivered February 20, 2018 and declaring unconstitutional certain legislation that would limit the annual rental unit registration fee chargeable by any municipality other than Bloomington and Lafayette, both known for their major colleges within relatively small […]

MIXED THOUGHTS ON PARKLAND

The Death Penalty. I envy the certainty and the untroubled serenity of those who know exactly how they feel about capital punishment. While I would prefer to stand consistently in opposition to the death penalty, I find that the best argument in favor of it is the (mostly male) population committing capital crimes. Among the […]

WHEN THE LEARNED JUDGE ISN’T

This Article is based upon the case of Wilson v. State, decided January 30, 2018 in the COA. Any CLB commentary would ordinarily appear in an appellate case note with other entries involving interesting, or dull but informative, applications of law. But the law included in Wilson v. State is routine and well-settled. What makes […]

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 […]