Hoosier Lawyer

Crossing the Thin Blue Line

Police work is tough.  No question.  But any criminal defense lawyer will tell you that some police officers are not above shading the testimony, or even creating testimony , to put the accused behind bars.

Example 1:  In Lafayette, Special Judge Millikan just denied a motion to dismiss an officer from a wrongful death case where he failed to check on the well-being of a child, who was later murdered -- then lied about it on his report -- and in his later deposition.

Former Tippecanoe Deputy Glen Teller was convicted of perjury after he admitted to a fellow deputy that he lied both on his report and in the deposition.  For the article,  CLICK HERE.

Example 2:  Five Birmingham policemen were fired after the discovery of video showing them beating an injured unconscious man, then deep sixing the video for more than a year.  For the article, CLICK HERE.     

Its not that the victim was a good guy.  He lead police on a wild car chase, endangering countless people on the road.  At one point he purposely swerved toward a policeman in the road, barely missing him.  The guy deserved the 20 year sentence he received -- and maybe a little more.

But nothing justifies the conduct of the five officers involved. 

The van they were chasing flipped, and the driver was thrown out, obviously injured and unconscious in a drainage ditch.  The officers jumped from their car and began beating the unconscious man with fists and clubs.  The video stops only when one officer apparently remembers the who thing is being recorded, and runs back to his car and switches off the video camera.

To make matters worse, the cops hid the video for over a year.  When you see it, you'll know why.  To see the video, CLICK HERE.

Alice Through the Looking Glass: Obama upholds "States Rights" reversing Bush "Big Brother Federal Government"

Democrats are for bigger government in Washington, less power to the States.  Republicans believe that local government is better, and Washington intrudes too much into the rights of States to governm.  Right?  That's what we keep hearing the talking head so.

But what we're really finding out is that its not about smaller government in Washington, or more power to the States.  It's about whatever method pushes your own agenda forward.  Remember Terri Shivo?  Certain GOP legislators made a mockery of the notion of keeping the federal government out of local affairs, and sponsored an intrusion that no Democrat would ever dare propose -- that a state court decision on a matter of state law be subject to review by a federal appeals court.

Now the latest role reversal.  The Obama Administration has prompty (thankfully) acted to undo the Bush Administrations last-minute efforts to usurp state law on nearly every type of consumer legal action by means of pre-emption.    The result:  States remain free to make and enforce their own laws which they feel are necessary to protect their own citizens. 

Here's an except from the Associated Press article :

"The Obama White House on Wednesday undid a Bush administration policy that used federal regulations to undermine a wide range of state health, safety and environmental laws.

Many of the federal regulations limited the ability of injured consumers to sue companies in state courts.

The move involving a policy known as "pre-emption" marks the latest step by President Barack Obama to redo the policies of his predecessor.

In a memo to government department heads, Obama said that pre-emption of state law should be undertaken only with full consideration of the legitimate prerogatives of the states.

The Bush administration rule-making effort also had undercut state financial regulation and state consumer protections in many fields.

The Obama White House on Wednesday undid a Bush administration policy that used federal regulations to undermine a wide range of state health, safety and environmental laws.

Many of the federal regulations limited the ability of injured consumers to sue companies in state courts."

Belterra -- Great Location for 8th Annual Solo & Small Firm Conference

The 8th Annual Indiana Solo & Small Firm Conference is coming up soon -- June 4-6 at Belterra Resort, Casino & Spa. 

I'm not much of a casino fan, but this is a fantastic location for the Conference.  The meeting rooms are great -- as good as any place where we have held the Conference.  And the meeting area is  separated from the casino area so if you don't gamble, you don't have to pass slot machines and blackjack tables in order to attend your CLE sessions.

But this Conference is more than CLE sessions, and Belterra is a great place to unwind.  The drive is a bit long -- but it is through beautiful country that will, if you let it, help put you in a more relaxed state of mind. 

The resort has a world class golf course, an inviting pool, and a full service spa.  Belterra seems out of place -- a 15-story resort that springs up from the fields along the banks of the Ohio.  Take a stoll across the grassy lawn behind the hotel and spend a while just watching the river flow by. 

So take advantage of all the great CLE.  Take your chance at the gaming tables if you are so inclined.  But make sure to take a few quiet moments for yourself.  That too, is as important as your ethics CLE sessions.

Bush and the Busses -- How "W"s legacy impacts the Indianapolis 500

For decades the Indianapolis bus system, now Indy Go, has provided race day bus service from downtown Indianapolis and the Indianapolis Airport, but not this year -- another victim of George W. Bush and his "ideology over everything" style of administration.

The same folks who said "hands off" Wall Street and the Banking industry, also said when it comes to public transportation, we can't have city-owned busses competing with private industry.  So due to federal regulations,  Indy Go can no longer provide race day bus services (and make money to support our public transportation system).  Instead, the job has been turned over to two private bus companies, who may or may not meet Indy Go's level of race day service, and who will put a sizeable chunk of money that would have gone to support public transportation into their private coffers.

Way to go, George.  Another mark on that legacy you left for all of us to clean up.