Last UpdatedWED., NOVEMBER 25, 2015 - 1:45 PM

Justices weigh whether state RICO-inspired statute applies to street crimes

Ashonta Kenya Jackson was the wheelman, driving a getaway car while younger men robbed an Anderson liquor store twice in a month and held up a bank. Is he a racketeer?More.

Judge issues $50M judgment against Elkhart environmental nuisance

Dave Stafford
Residents who live near a waste dump and wood-waste processing facility in Elkhart won a default judgment of more than $50 million against the former owners. The sum appears largely a symbolic figure, however.More.

Panel to examine the loss of privacy

Marilyn Odendahl
An upcoming panel discussion will detail how the growth of technology has made privacy not so private anymore.More.

Obama’s immigration plan hinges on top US court deadline clash

The U.S. Supreme Court is poised to resolve a procedural dispute that may foreshadow the fate of President Barack Obama’s stalled deferred-deportation program.More.

In This Issue

NOV. 18-DEC. 1, 2015
thisissue1-111815.jpg Indiana Lawyer 111815

Seeing an opportunity in helping businesses and lawyers with discovery in an electronic world, Hamish Cohen and three of his attorney colleagues – Ray Biederman, Sean Burke and Jon Mattingly – launched Proteus Discovery Group. The Indiana Supreme Court is weighing whether the state RICO-inspired statute should apply to street crimes.

Top Stories

Dickson: ‘I was ready and the time was right’

Retirement of the second-longest serving justice opens up the fourth Supreme Court vacancy in five years.More.

4 attorneys disrupt market by launching legal services company in Indianapolis

Seeing an opportunity in helping businesses and lawyers with discovery in an electronic world, Hamish Cohen and three of his attorney colleagues – Ray Biederman, Sean Burke and Jon Mattingly – launched Proteus Discovery Group.More.

Grants boost help for homeowners facing foreclosure

The money is part of the $584,646 the Indiana Bar Foundation received from the Bank of America settlement with the federal government over the bank’s sale, structuring and issuance of residential mortgage-backed securities and certain other mortgage loans.More.

Lawyers reflect on service during Desert Storm

Every Veterans Day, Indianapolis solo practitioner Mark King keeps his office closed and spends the time reading cards from his mom and trading stories with others who served.More.

Justices weigh whether state RICO-inspired statute applies to street crimes

Ashonta Kenya Jackson was the wheelman, driving a getaway car while younger men robbed an Anderson liquor store twice in a month and held up a bank. Is he a racketeer?More.

Lawyers say Marion County certified mail notice is broken

Attorneys filing collections cases in Indianapolis say they’re at their wits’ end trying to determine whether summonses have been served on defendants long after cases have been opened.More.


What's in a domain name?

New .law Internet domain names offer lawyers and firms a rare chance to create an online brand that conveys to consumers a prestigious, professional identity. Or, .law names might just confuse people.More.

O'Neil: Litigating in a paperless environment

If you walked down the hallway of the average law firm in the year 2000, what would you see? Paper, and a lot of it!More.


Hammerle on ... 'Room,' 'Spectre'

Bob Hammerle says "Room" is a movie experience that you cannot help but dread.More.

Making Rain: Abiding by rules 7.1 and 7.2 in a #DigitalWorld

Recently, I had the pleasure of attending an Indiana Lawyer CLE program on how lawyers and law firms should interpret the professional code of conduct regarding digital advertising and communications. My conclusion from the entire discussion is that there are a few things that are clear and there is a lot that is still pretty fuzzy.More.

Marquez: Take simple steps to save your assets

We have all been there at some point: having spent an inordinate amount of time getting a document phrased perfectly and in an instant it is all gone.More.

Federal Bar Update: Significant rule changes coming Dec. 1

Significant changes to the Federal Rules of Civil Procedure take effect to civil cases filed on or after Dec. 1, or to cases already pending to the extent just and practicable. The Supreme Court of the United States approved these changes in April, and Congress has taken no action to stop them becoming effective.More.

Dean's Desk: New Wintersession offers learning, networking opportunities

This January – while other law schools’ students remain on winter break – our students will be diligently at work, honing their legal skills and knowledge in a fast-paced, weeklong program taught by leading lawyers and business executives from around the country.More.

In Brief

Teacher, diocese file motions to dismiss discrimination suit

Both the Roman Catholic Diocese of Fort Wayne-South Bend and a former teacher who was fired after undergoing in vitro fertilization treatments have filed motions to dismiss a lawsuit.More.

Indiana judge dismisses suit targeting new sex offender law

A new Indiana law that bans many sex offenders from venturing onto school property doesn't prevent most from worshipping at churches that house schools on their grounds, attorneys in a recently dismissed lawsuit say.More.

Appeals court delivers setback to Obama's immigration plan

A federal appeals court has ruled against President Barack Obama's plan to protect an estimated 5 million people living in the United States illegally from deportation.More.

Firm files class action over lower corn prices

An Indiana law firm has filed a class-action lawsuit against one of the world’s largest seed and agrochemical companies in an effort to allow more time for individual farmers to sue the company after corn prices plummeted last year.More.

Hotels must pay EEOC legal fees for contempt of consent decree

Companies that own an east side Indianapolis hotel have been ordered to pay the Equal Opportunity Employment Commission $57,248 in attorney fees and costs after violating a consent decree settling a race discrimination lawsuit.More.

Comment sought on local bankruptcy rules

The U.S. Bankruptcy Court for the Southern District of Indiana is accepting comments on proposed changes to its local rules. The changes primarily update references to the national forms.More.

4 vie for Judicial Nominating Commission position

Lawyers mostly in southern Indiana are selecting one of their peers to have a say in who will be the next justice appointed to the Indiana Supreme Court.More.

Special Sections

Indiana Court Decisions - Oct. 28 to Nov. 10, 2015

Read recent Indiana appellate decisions.More.

On The Move

Lawyers on the Move

Read who's recently joined an Indiana firm, joined a board or honored for their work.More.

Disciplinary Actions

Disciplinary Actions - 11/18/15

Read who's recently resigned from the Indiana bar.More.

Bar Associations

DTCI: Is Fido a product?

Examining the standard under the Indiana Product Liability Act.More.

DTCI Award Recipients Named

In conjunction with its 2015 annual meeting in Bloomington Nov. 19-20, the DTCI will recognize the outstanding defense lawyers of the year. The awards ceremony will be held during the board of directors’ dinner on Nov. 18.More.

DTCI: Amicus Service Recognized

A special ceremony honoring two retiring members of the Amicus Committee will be held during the DTCI Annual Conference lunch on Thursday, Nov. 19.More.

DTCI: Paralegal Service Project Success

The DTCI Paralegals raised more than $3,000 in support of a 10-member special operations detachment currently stationed overseas. The donations went toward personal care items, gift cards, and headphones for the soldiers.More.

Trimble: ‘Believe What You Wish To Believe: The Decision Is Yours’

On Friday, Nov. 6th, I had the opportunity to represent the Indianapolis Bar Association at a very special naturalization ceremony that was conducted at the site of the 39th annual Indy International Festival. One hundred and ninety five individuals from 62 countries took the oath of citizenship that day and became newly-minted United States citizens.More.

IndyBar: Get Tips, Year’s Worth of CLE Credit

These are challenging times for lawyers and law firms, especially for solo and small firm practitioners. Whether you are newly graduated, considering transitioning to the solo/small firm world or a seasoned pro, the IndyBar’s Survive & Thrive 2015 program coming up on Wed., Dec. 9 will help you build and brush up on essential tools, information and connections to help move beyond surviving and into thriving in the practice of law.More.

IndyBar: Around the Bar

Read news from around the IndyBar!More.

IndyBar: Frontlines - 11/18/15

News from the IndyBar.More.

Online Extra: Judicial Roundtable 2014

When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state's appellate courts were being led by women. Indiana Lawyer recently invited Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana's Bankruptcy Court to discuss their career paths as well as opportunities and challenges today's courts and lawyers face.More.
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Indiana makes gains in permanent placement

The state sees improvement, but aims to do better.More.

Views shift on use of executions

What if 1976 hadn’t played out the way it did, and some of the jurists on the U.S. Supreme Court had held the view of capital punishment at that juncture that they did at the end of their judicial careers? The death penalty may never have been reinstated.More.

What's next for Indiana's death penalty?

Unlike other states, Indiana has not abolished or suspended use of executions.More.

State death penalty cases averaged 17 years

When the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital punishment system.More.

Balancing philosophical with practical concerns regarding death penalty

Indiana Lawyer takes an in-depth look at the death penalty in the "Cost of Justice" series.More.
Juvenile Justice Juvenile Justice


A last-minute change to a bill during the 2009 special session has stripped judges of their discretion regarding juvenile placements out of state by requiring them to get permission from the Department of Child Services. All three branches are reacting.


Escaping execution

Exoneree joins statewide campaign calling for a death-penalty moratorium.More.

Reforms urged to prevent mistakes

Indiana explores what revisions to make to its criminal justice system.More.

Rising number of exonerees reflects flaws in justice system

Convicts are turning to methods that have freed others who were wrongfully convicted, as well as new issues that continue surfacing in the nation's court system.More.

CJ: Most players in appeals acting responsibly

The Indiana chief justice said in an order that he would "smack down" judicial overreaching or overspending.More.

Bose lays off lawyers

Cuts are state's first announced publiclyMore.

Lawyer lands on feet

Attorney's job loss leads to his own legal consulting businessMore.

Mergers: Are we done yet?

2008 could be record year for law firm consolidationMore.

Tough times drive change

Attorneys see evolving legal work caused by economic woesMore.

System delivers injustice

Exonerated face new, old legal hurdles after release.More.

Counties must pay for juvenile facilities

Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.More.

Teens share stories about juvenile justice experience

Two Elkhart County teens say it took incarceration to teach them a lesson.More.

Detaining questions

Funding of youth detention, alternatives draws concern.More.

State slow to achieve juvenile justice reforms

Local successes exist; systematic changes lag.More.
Juvenile Justice Juvenile Justice

Improving a child's access to counsel

A proposed draft rule would change waiver procedures in the juvenile justice system.More.

Early intervention for juveniles

A new law, along with pilot programs, encourage alternatives to keep kids out of courts.More.

The evolution of capital punishment

The Indiana Lawyer takes a historical look at how the death penalty system has evolved during the past 40 years and how Indiana has amended its practices and procedures through the decades.More.

Enduring legal process doesn't change parents' desire for justice

For 11 years, Dale and Connie Sutton’s lives as parents have been about ensuring what they see as justice for their murdered daughter.


Mental aspect of capital cases can be challenging

When it comes to tallying the total price of capital punishment, the cost of those cases for the legal community is more than just expansive legalese and court procedures that span a decade or two.More.

Prosecutors: money doesn't trump other factors when considering death penalty

At a time when capital punishment requests are down and some state officials are questioning the cost and overall effectiveness of seeking a death sentence, the issue of what it’s worth to go after this ultimate punishment is getting more scrutiny in Indiana and nationwide. Read more in Indiana Lawyer's in-depth look at the death penalty and the cost of justice.More.

Recent changes impact state justice system

National and state advocates pushing for wrongful conviction reforms judged that Indiana was behind other jurisdictions in strengthening its justice system, but they emphasized that ongoing discussions were a good starting point for the Hoosier legal community.More.

Clinic argues for man's innocence

the Indiana Supreme Court is considering whether to accept a post-conviction case on an issue some say is an important question of law relating to wrongful convictions.More.

Teaming up for change

National, local experts meet in Indiana to discuss juvenile justice.More.

Aiming for exoneration

Inmate awaits court hearingMore.

Indiana: Better economic climate

State's legal community successfully rising to recession-related challengesMore.

Lawyers challenge imbalance of power

Budget statute affected juvenile codes and gives the Department of Child Services oversight of judicial decision-making.More.

Attorneys squeezing savings

Bar associations offer discounts, cost-cutting options for legal communityMore.

Money woes 'going to get worse'

County courts, prosecutors, public defenders face tight budgetsMore.

Indiana's legal aid in trouble?

3 legal aid providers discuss the economy's effectsMore.

After exoneration

Wrongfully convicted Hoosier settles federal suit for $4.5 million.More.

Marion County a model for juvenile detention reforms

Detention alternatives, Initial Hearing Court draw national praise.More.

What's next for Indiana's juvenile system?

Indiana lags in statewide reform, but builds on localized successes.More.

'Out of the court's hands'

Lake County teen recognizes she is responsible for future in juvenile system.More.

Motor vehicle accident: rear-end collision
Dannis R. Thomas and Luisa Thomas v. Phyllis A. Isenhower  More


Americans with Disabilities Act discrimination
 Kristine R. Rednour v. Wayne Township Fire Department and Wayne Township More


Breach of employment contract/intentional tort
Bradley Scott Montgomery v. Danville Community School Corporation More



More Trial Reports


How do managing partners manage their social media?

Do you have a LinkedIn account? If you are a managing partner, then you most likely do, although your online presence may be begrudgingly, depending on your age.More.


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Each year, Indiana Lawyer honors Distinguished Barristers and Up and Coming lawyers in the state's legal community. Meet those recognized for their work in the law and service to the community.


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Opinions Nov. 25, 2015

Indiana Court of Appeals
Bryant Lamonte White v. State of Indiana (mem. dec.)
Criminal. Affirms 40-year sentence and conviction of Class A felony conspiracy to commit dealing in a Schedule I controlled substance.More.
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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.