Constitutional Law
Indiana Postpones Reform of Sentencing Guidelines
After a great deal of chatter, the Indiana General Assembly has decided it will not include in its agenda for 2012 a measure to reform Indiana’s dated sentencing guidelines. (See Post-Tribune Article, “Sentencing Guidelines Overhaul to Take Another Year” 14 January 2012). (See generally News and Tribune Article, “Daniels Urges Sentencing Reform 16 December 2010). … Continue reading Indiana Postpones Reform of Sentencing Guidelines
Read MoreIndiana Court of Appeals Protects Fourth Amendment Right Against Unreasonable Search and Seizure
In a recent ruling, the Indiana Court of Appeals has stood firm on the standard of reasonable suspicion. In Michael Woodson v. State of Indiana, 49A05-1106-CR-306, the Court established a clear standard for determining if, and when, reasonable suspicion is necessary and satisfied, respectively. According to the well-established and well known doctrine of Terry v. … Continue reading Indiana Court of Appeals Protects Fourth Amendment Right Against Unreasonable Search and Seizure
Read MoreIndiana Supreme Court Affirms, “No Right to Resist Unlawful Entry by Police”
It is no surprise that in a moot exercise in futility, the Indiana Supreme Court affirmed its own controversial determination in Barnes v. State from earlier this summer. (See Indiana Supreme Court Errs Heavily in Favor of Law Enforcement this Week in a Pair of Surprising Decisions, Indiana General Assembly Takes Quick Action to Amend … Continue reading Indiana Supreme Court Affirms, “No Right to Resist Unlawful Entry by Police”
Read MoreNew Indiana Immigration Policy–Targets Immigrants, or the Fourth Amendment?
Just like in Barnes v. State, the law seems to favor “public safety” over intrusion into privacy, something our Forefathers warned heavily against. This time, it isn’t the courts blazing the new trail, it’s the Indiana General Assembly: Northwest Indiana Times, “Judge Grills Indiana Attorney Over Immigration Law, 20 June 2011. The Indiana General Assembly … Continue reading New Indiana Immigration Policy–Targets Immigrants, or the Fourth Amendment?
Read MoreIndiana General Assembly Takes Quick Action to Amend Court’s Bad Decision
At the request of Indiana State Senators like Ed Charbonneau, the Indiana General Assembly has decided to form a panel to consider legislation overturning or amending the recent decision in Barnes v. State. This is atypical for the IGA to do on such short notice, and it is probably due to the controversy of public … Continue reading Indiana General Assembly Takes Quick Action to Amend Court’s Bad Decision
Read MoreIndiana Conservative Camps Make Strange Bedfellows
I have obviously been thinking a lot about the recent Indiana Supreme Court Decisions, and they bother me a great deal to say the least. I think this guy has the right idea, but is probably overstating the more thoughtful position. I definitely abhor the recent shots at liberty over the past couple of weeks … Continue reading Indiana Conservative Camps Make Strange Bedfellows
Read MorePolice: “Rest Assured, Rulings Will Have No Effect”
In an EzlerLaw Blog Entry last week, “Indiana Supreme Court Errs Heavily in Favor of Law Enforcement This Week in a Pair of Surprising Decisions”, I wrote about the controversial decisions the Indiana Supreme Court reached early last week. In response to these decisions, two (2) editorials were written by the Northwest Indiana Times and … Continue reading Police: “Rest Assured, Rulings Will Have No Effect”
Read MoreIndiana Supreme Court Errs Heavily in Favor of Law Enforcement this Week in a Pair of Surprising Decisions
In two surprising legal opinions, Cornelius Tyrone Lacey, Sr. v. State of Indiana and Richard L. Barnes v. State of Indiana, the Indiana Supreme Court is arguably whittling down your rights against search and seizure. See Northwest Indiana Times Article, “Court: Police Serving Warrant May Enter Without Knocking if Circumstances Justify It”, 10 May 2011; … Continue reading Indiana Supreme Court Errs Heavily in Favor of Law Enforcement this Week in a Pair of Surprising Decisions
Read MoreUnderage Drinking in Porter County – A ‘Crime’?
This may sound like common sense, but I would like to take a moment to write an article for our younger readers on a topic that is near and dear to their hearts–alcohol. Obviously, I am writing this even though my practice benefits from the (zealous) enforcement of this statute. Despite the fact that I … Continue reading Underage Drinking in Porter County – A ‘Crime’?
Read MoreFree Speech? Albert Snyder Forced to Pay Penalty for Violating Funeral Protestors’ Rights
Westboro Church Prevails in Free Speech Lawsuit, Leaves Unfinished Business for Dead Marine’s Father. There has been yet another international media explosion over the controversial Westboro Church and its outlandish beliefs and actions. It all began with protests of Albert Snyder’s Son’ Funeral, the funeral of deceased Lance Cpl. Matthew Snyder. MSNBC, “Dad Sues ‘Thank … Continue reading Free Speech? Albert Snyder Forced to Pay Penalty for Violating Funeral Protestors’ Rights
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