Recent Articles

The Sunday (SPAM) Pickle

Michael Ausbrook
October 06, 2008 03:09

Anyone else get one of these? I think it's hilarious.FEDERAL BUREAU OF INVESTIGATIONROOM 4-230, KALANIANAOLE FOB300 ALA MOANA BOULEVARD HONOLULU , HAWAII 96850-0053http://www.fbi.govEmail:garrity.robertg.robert994@gmail.comRobert J. Garrity, Jr Deputy Assistant Director,Records Management Division...

What I Learned Today: Strangulation as a Class D Felony

Michael Ausbrook
September 11, 2008 16:27

I had no idea that there was a special crime of "Strangulation." But here it is--Indiana Code § 35-42-2-9(b):A person who, in a rude, angry, or insolent manner, knowingly or intentionally: (1) applies pressure to the throat or neck of another person; or (2) obstructs the nose or mouth ...

Why There Are Lawyers: "Custody" vs. "Confinement"

Michael Ausbrook
September 04, 2008 22:01

More language fun, this time from the 7th Circuit.It is fundamental that to be eligible for habeas relief, one must be "in custody." After all, a habeas petition is a request that one's jailer produce one's body (the corpus part) before the court (instead of the king now) and justify the...

Quote of the Day: About Suicide Clauses in Insurance Contracts

Michael Ausbrook
September 04, 2008 21:29

"[A]n insured is not 'performing' a life insurance contract by not committing suicide." Dean Officer v. Chase Ins., Case No. 07-2826 (7th Cir. 9/3/08) (Judge Tinder), slip op. at 12.

Comment Bait: "Advertising Material" vs. "Legal Advertisement"

Michael Ausbrook
September 04, 2008 21:26

Indiana Lawyers have to include the words "Advertising Material" in their ads. So a couple of lawyers screwed up and put "Legal Advertisement" in their ad instead of the magic words. And they sent a copy of the ad to the Disciplinary Commission to boot, as they were required to do. The lawyers...

Forgery: Strict Liability for Presenting a Forged Check? (WILTD)

Michael Ausbrook
August 29, 2008 14:53

What I learned today:Someone steals a blank check.Sometime later, someone buys a couch from me (I say) using the stolen, now-forged check.Three months after the check was stolen, I open a bank account using the forged check.That I present the forged check for payment, without more, is enough to...

More about Woods : a Correction

Michael Ausbrook
August 29, 2008 14:51

I was incorrect the day before yesterday in this post about Woods, the decision from the Indiana Supreme Court of a couple of days ago. Someone more knowledgeable has pointed out to me that post-conviction relief is available after probation revocation proceedings. Ind. Post-Conviction Rule § 1, ...

Brian Woods v. State (Ind. 8/27/08): Offer to Prove after the Judge Says No?

Michael Ausbrook
August 29, 2008 14:50

Woods v. State, Supreme Court No. 49S04-0808-CR-469 (Ind. 8/27/08) is an odd little case. It is odd, if only because the Indiana Supreme Court took it up at all. It did not even rate oral argument.Here's about what happened:Woods is on probation.Any violation will lead to 15 years of backup...

Habeas in Indiana: Not What You Might Think

Michael Ausbrook
August 28, 2008 02:09

There's an article on SSRN by Professors Nancy King and Susan Sherry at Vanderilt about how habeas has been derailed from challenges to state court judgments to challenges of administrative prison decisions: Habeas Corpus and State Sentencing Reform: A Story of Unintended Consequences. (Thanks to...

ISC Oral Argument Tomorrow: John W. Miller v. State

Michael Ausbrook
August 28, 2008 01:59

9:45 A.M, tomorrow, Thursday, August 28th. The live link (RealPlayer) will be up a few minutes earlier.This is a shackling case involving a voluntary manslaughter conviction. John Pinnow is arguing it for Miller. John is great. Joby Jerrels is the DAG on the case. I haven't seen any of his...