Constitutional Law

Should Indiana Attorney General Greg Zoeller Have Joined Suit Against Federal Healthcare Bill?

April 3, 2010 by: Chris Buckley

A week ago, as the Healthcare Reform Bill passed Congress, controversy exploded as 13 states and Virginia individually, filed suit against the U.S. Government to strike down the recently passed bill and enjoin its enforcement. This past Tuesday, Indiana Attorney General Greg Zoeller announced that he would join in the Florida suit, remarking in Tuesday’s … Continue reading Should Indiana Attorney General Greg Zoeller Have Joined Suit Against Federal Healthcare Bill?

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Governor Mitch Daniels Signs Major Indiana Gun Legislation into Law

March 18, 2010 by: Chris Buckley

Dan Carden of the NWI Times reported this morning that new legislation prohibiting employers from regulating or limiting the possession of guns outside the workplace was signed into law today. (ILB Entry here.) At the signing, Governor Daniels remarked: Considering the clear language of the Second Amendment of the U.S. Constitution, and the even stronger … Continue reading Governor Mitch Daniels Signs Major Indiana Gun Legislation into Law

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UPDATE: Supreme Court Hears Oral Arguments on Chicago Gun Ban

March 3, 2010 by: Chris Buckley

Yesterday, Tuesday March 2, the U.S. Supreme Court heard arguments in McDonald v. City of Chicago. (see NWI Lawyer article, “U.S. Supreme Court to Hear Second Amendment Oral Arguments Tomorrow: Fate for Chicago Gun Law Uncertain”. Read the 77-page transcript here. On one side of the issue is Larry Keane, Senior VP & General Counsel … Continue reading UPDATE: Supreme Court Hears Oral Arguments on Chicago Gun Ban

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U.S. Supreme Court to Hear Second Amendment Oral Arguments Tomorrow: Fate for Chicago Gun Law Uncertain

March 1, 2010 by: Chris Buckley

The U.S. Supreme Court will hear arguments Tuesday, March 2, on whether the Chicago restrictive ban on handguns will be upheld or struck down on Second Amendment grounds in McDonald v. City of Chicago. (see McDonald Petition for Certiorari, National Rifle Association Petition for Certiorari, City of Chicago Brief in Opposition to Petition for Certiorari; … Continue reading U.S. Supreme Court to Hear Second Amendment Oral Arguments Tomorrow: Fate for Chicago Gun Law Uncertain

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U.S. Supreme Court Delivers Major Blow to Miranda Rights

February 26, 2010 by: Chris Buckley

Under a recent decision, the U.S. Supreme Court issued an opinion yesterday in Maryland v. Shatzer that allows police to re-question a defendant after he invokes his Sixth Amendment Constitutional Right to a Lawyer, and the Fifth Amendment Right to Remain Silent. The Court determined that confessions are admissible where police cease questioning at the … Continue reading U.S. Supreme Court Delivers Major Blow to Miranda Rights

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More on Indiana’s Voter ID Law

January 3, 2010 by: Chris Buckley

Indiana’s controversial Voter ID Law has been called, “a more restrictive law than other countries” in an article cited in a recent Indiana Law Blog entry.

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Berrien County Named in ACLU Suit Against State

December 26, 2009 by: Chris Buckley

At issue is allegation of poor defense for indigent defendants. By C. DRAEGER THOMASSouth 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.

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City of Indianapolis Violated Constitution in Denying Refunds

December 20, 2009 by: Chris Buckley

Indiana Lawyer Article The city of Indianapolis’ refusal to grant some homeowners’ requests for a partial refund of Barrett Law assessments violated the Equal Protection Clause, the Indiana Court of Appeals ruled Friday.

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IN COA Rules on Re-registration of Offenders

December 19, 2009 by: Chris Buckley

Indiana Lawyer ArticleTwo sex offenders serving or who had completed their 10-year registration period shouldn’t have been required to re-register for another 10-year period after being convicted of any other crime, the Indiana Court of Appeals concluded today.

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Circuit Certifies Question for Supreme Court

by: Chris Buckley

Indiana Lawyer ArticleThe 7th Circuit Court of Appeals concluded an Indiana statute dealing with salvage titles is ambiguous and it should be up to the state’s highest court to interpret it.

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