Sometimes debt collectors cross the line of acceptable practices and tactics in collecting their debts. For an example, take a look at this article:
BY TERESA AUCH SCHULTZ, POST-TRIBUNE
Three more people have filed federal lawsuits alleging unscrupulous practices by debt collectors.
The lawsuits, all filed Wednesday in U.S. District Court in Hammond, claim that companies in some way violated the Federal Fair Debt Collection Practices Act.
At issue is allegation of poor defense for indigent defendants.
By C. DRAEGER THOMAS
South Bend Tribune Staff Writer
ST. JOSEPH — Berrien is one of three counties named in a lawsuit backed by the American Civil Liberties Union against the state that alleges poor people accused of crimes are not receiving proper legal counsel.
Raises questions about social media and potential juror bias
NWI Times Article
HAMMOND | Judges already instruct jurors to avoid doing a lot of things during trials — don’t read the news coverage, don’t chat with witnesses or lawyers outside court, and so forth — but the online social media revolution may necessitate one more instruction:
Don’t “friend” the prosecutors, the police or the judge on Facebook.
Indiana Lawyer Article
The veteran federal prosecutor who’s filled in three times as interim chief has been chosen for the permanent role as U.S. Attorney for the Northern District of Indiana, the White House announced this morning.
Indiana Lawyer Article
Two Indiana Supreme Court justices disagreed with their colleagues in not accepting an appeal, finding that a ruling from the state’s intermediate appellate court muddled caselaw on medical business and noncompete agreements, and significantly jeopardizes the public’s access to medical care.
Indiana Supreme Court Issues Two Close Rulings on Traffic Stops and Reasonable Suspicion.
In two recent decisions, the Indiana Supreme Court has decided that an officer has probable cause to make a traffic stop when he or she finds that the registered owner of the vehicle may have a suspended license.
In Thomas A. Armfield v. State of Indiana, an officer made a traffic stop when he discovered that the registered owner of the vehicle was under a lifetime suspension of driving privileges, and believed that the driver matched the description of the registered owner. The Court held, “…that an officer has reasonable suspicion to initiate a Terry stop when (1) the officer knows that the registered owner of a vehicle has a suspended license and (2) the officer is unaware of any evidence or circumstances which indicate that the owner is not the driver of the vehicle.”
In Damen Holly v. State of Indiana an officer made a traffic stop of a vehicle where the registered owner of the vehicle faced a suspension, but where the driver was not in fact the registered owner of the vehicle. The officer then conducted a search incident to the stop, and recovered marijuana from the vehicle. The Court here applied the test above in Armfield and determined that the officer made a valid traffic stop under the seminal case, Terry v. Ohio, but went on to hold, however, that the officer did not possess reasonable suspicion to hold a search incident to the traffic stop, and excluded the marijuana found as a result of the search. The Court reasoned that the extent of the officer’s authority extended to merely an identification check of the driver.
In summary, a police officer DOES NOT bear the burden of demonstrating that the driver matches the description of the driver, but may make a valid stop so long as there is no reason to believe that the driver is someone other than the registered owner. After making the stop based on such reasonable suspicion, an officer IS LIMITED TO checking the driver’s identification unless further independent suspicion exists to search the vehicle.
By Craig Davison, Michigan City News-Dispatch
LA PORTE – The state has paid almost $70,000 in salary to Superior Court 3 Judge Jennifer Evans-Koethe since she was suspended in May by the state Supreme Court.
By Bruce Japsen, Chicago Tribune staff reporter
The Illinois Supreme Court today did not rule as expected on whether the state’s four-year-old medical malpractice reform survives.
Indiana Lawyer Article
The Indiana Judges Association announced today the recipients of the 2009 Commendations for Excellence in Public Information and Education. Recipients included Tim Young of the Newburgh Register and Ken Kosky of the Northwest Indiana Times.
INDIANA TAX COURT
Michael H. Klosinski and Phyllis J. Klosinski v. Dept. of Local Government Finance (NFP)
49T10-0909-TA-50
Tax. Grants the department’s Indiana Trial Rule 12(B)(1) motion to dismiss for lack of subject matter jurisdiction the Klosinskis’ 2008 tax year claim and Rule 12(C) motion for judgment on the pleadings on the Klosinskis’ 2007 tax year claim.
INDIANA COURT OF APPEALS
A.V. v. State of Indiana
49A02-0905-CR-417
Criminal. Affirms conviction of Class A misdemeanor operating while intoxicated. Defendant’s excessive speed, regardless of the driving conditions or her proximity to others, is sufficient to establish endangerment of a person and support her conviction.
David Nick Reinhart a/k/a Rick Reinhart v. Gregg W. Boeck
06A04-0905-CV-286
Civil. Affirms summary judgment for Boeck on his claim that Reinhart is jointly and severally liable for his business partner’s fraudulent sale of unregistered securities. Boeck has demonstrated that the notes were unregistered securities, that Thomas sold him those securities, and that Reinhart was Thomas’ partner under the Indiana Uniform Securities Act.
Curtis Outlaw v. State of Indiana
49A02-0904-CR-340
Criminal. Reverses conviction of operating a vehicle while intoxicated as a Class A misdemeanor. The state presented sufficient evidence to show Outlaw was intoxicated but holds that the state was required to submit proof of “endangerment” that went beyond mere intoxication in order for the defendant to be convicted of operating while intoxicated as a Class A misdemeanor.
