Last UpdatedFRI., MAY 26, 2017 - 2:29 PM
larry-jordan-and-bridget-mitchell-1-2col.jpg

Courier deliveries diminishing with e-filing

Courier services, once vital for law firms, are adapting to e-filing by offering different services.More.

Justices consider ‘reasonable’ standard in flash bang search case

Olivia Covington
As criticism across the country continues to grow against the use of flash bang devices, a highly controversial police diversionary tool, the justices of the Indiana Supreme Court must decide whether the use of such a tool in Evansville constituted an unreasonable assault on the home.More.

Ex-prosecutor faces discipline for failing to disclose false testimony

Dave Stafford
A former Porter County deputy prosecutor and a member of the Valparaiso City Council faces sanctions from the Indiana Supreme Court for allegedly withholding from the defense that an alleged victim said he had been coached to lie and had recanted allegations of sexual abuse.More.

Reversal: Trial court ordered to revisit CHINS petition

Olivia Covington
An Indiana trial court imposed an “inappropriately high” burden on the Department of Child Services to prove a presumption of a child in need of services situation, the Indiana Court of Appeals held Friday in an opinion ordering the trial court to revisit the CHINS petition.More.

In This Issue

MAY 17-30, 2017
thisissue1-051717.jpg cover-051717

The local chapter of Chiefs in Intellectual Property (ChIPS), launched by three central Indiana women IP attorneys, is the first in the Midwest and will bring in women from a different technology sector than what is present on the East and West coasts. Law firms and attorney are seeing the value in increasing business development efforts to attract new clients. The advent of e-filing has led couriers to alter the services they offer since they no longer need to rush to the courthouse each day.

Top Stories

Law firms increasing emphasis on business development

In today’s legal market, it’s not enough for attorneys to be knowledgeable of the law — they must also be knowledgeable in the world of sales.More.

Women IP attorneys launch central Indiana chapter of ChIPS, one of first in Midwest

At a kickoff reception April 27, about 30 women came together to network and participate in a panel discussion examining the careers of women in IP. ChIPS co-founder Emily Ward, CEO of Calla Nava and alumnae of Indiana University Robert H. McKinney School of Law, was the featured guest.More.

Rucker retires after 26 years on appellate bench

Ask a member of the Indiana judiciary to describe former Indiana Supreme Court Justice Robert Rucker, and you’ll get answers such as “empathetic” or “compassionate.” And those who sat on either side of Rucker during his nearly 18 years on the state’s highest bench say the now-retired justice never let his sense of humanity outweigh the rule of law.More.

Holcomb’s executive order expected to 'ban the box' in state job applications

A bill prohibiting communities from enacting their own ban the box ordinances stirred divisions in the Indiana Legislature with supporters arguing for employers’ rights and opponents citing the need for individuals to have equal opportunities for jobs. However, when Gov. Eric Holcomb announced his intention to sign Senate Enrolled Act 312, he brought some rare unity between the two sides. Along with enacting the new law, the governor also said he would sign an executive order that will essentially ban the box for state agencies.More.

Common Cause, NAACP sue over Marion County early voting

Marion County’s single location for early voting provides unequal access to the ballot, argues a federal lawsuit filed Tuesday by Common Cause and the NAACP. Plaintiffs in the case allege Indianapolis’ sole early voting precinct is discriminatory and constitutes voter suppression.More.

Character better predictor of lawyering success, panel says

Although Rebecca Love Kourlis sees more collaboration than in the past, she said the gap between the skills the legal profession needs in today’s market and the attorneys law schools are producing is not only widening but will be difficult for legal education to overcome.More.

With aid from legal community, juvenile dog-training effort offers many rewards

Superintendent Terrance Asante-Doyle has witnessed what happens when his charges at the Marion County Juvenile Detention Center get to offer obedience training to dogs from Indianapolis Animal Care, who, like them, are often victims of abuse, exploitation or neglect.More.

Kagan: Supreme Court did ‘pretty darn well’ with just 8 justices

During the 419 days the Supreme Court operated with an even number on the bench, the eight justices worked to find common ground so the court could issue majority opinions. Justice Elena Kagan said she and her colleagues learned to keep talking, listening and persuading as well as being open to persuasion.More.

Focus

Courier deliveries diminishing with e-filing

Courier services, once vital for law firms, are adapting to e-filing by offering different services.More.

Judgment by algorithm

Risk assessment tools are raising concerns about accuracy and constitutional violations.More.

Schocke: Tech saves money, attracts talent, keeps employees happy

Although legal research has become more efficient, most attorneys still work in the traditional office while sitting at a desk. However, with tools like widespread broadband access, videoconferencing and file sharing systems, it begs the question as to whether the large office footprints and office settings are truly necessary to achieve success.More.

Cunningham: 5 tips to survive a Daubert challenge  

The Daubert standard is one area of the law that concerns attorneys and financial damages experts alike. For a financial expert, no other measure in the federal court system goes to the core of a financial expert’s competence and thoroughness in his or her work product like the Daubert standard. For a trial attorney, a case can often be jeopardized if a Daubert challenge to an expert is successful.More.

Opinion

DTCI: Corporate, in-house counsel tell why they belong to DTCI

To all corporate counsel and in-house counsel (as well as all defense trial counsel): Please consider joining DTCI if you are not already a member and attending DTCI programming, starting with the 50th anniversary annual conference in November.More.

Start Page: Microsoft Word for lawyers: Give me a (section) break

This article will show you how to apply two types of page numbering in one document. Future articles will build on this skill to help you craft complex Microsoft Word documents.More.

Indiana Judges Association: Justice Rucker: A lifetime of substantial justice

Justice Rucker showed there are ways a court can be sympathetic without the benefit of law or procedure and benefit a party even when they don’t “win.”More.

Hammerle on ...'Their Finest,' 'Guardians of the Galaxy Vol. 2'

Bob Hammerle says "Guardians of the Galaxy Vol 2." is an enchanting film not to be missed.More.

In Brief

Judge approves $227M in FedEx driver suit settlements

FedEx Corp. will pay more than $227 million to settle some of the long-running lawsuits brought by drivers in Indiana and 18 others states who claim they were undercompensated because the company classified them as independent contractors rather than full-time workers.More.

Indiana women trial lawyers preparing for Congressional push

A contingent of Indiana female trial lawyers will head to Washington, D.C., this month to participate in the 20th anniversary of the American Association for Justice Women Trial Lawyers Caucus lobby day.More.

Special Sections

Indiana Court Decisions – April 26-May 9, 2017

Read recent appellate court decisions.More.

Disciplinary Actions

Disciplinary Actions -5/17/17

Read who's been suspended or who has resigned from the bar.More.

Bar Associations

IndyBar: Volunteers Deliver Free Wills, Peace of Mind at Pro Bono Clinic

Low-income individuals are more likely to die younger and without wills or advance directives in place, but an Indianapolis Bar Association program on Wednesday, May 10 provided qualified community members with these vital documents for free in just one day.More.

IndyBar: Bar Leader Series Class XIV Demonstrates Leadership in Action

Throughout the IndyBar’s Bar Leader Series, the importance of motivating, inspiring and leading for the benefit of the profession and community is emphasized at every turn.More.

IndyBar: Indianapolis Bar Foundation Awards Academic and Educational Scholarships

The Indianapolis Bar Foundation recently awarded three academic and three educational scholarships to deserving law students and recent graduates preparing to take the Indiana Bar Exam in an effort to fulfill its mission.More.

IndyBar: A Roadmap to Professionalism: Just Follow the Five C’s!

The Indianapolis Bar Association Standing Committee on Professionalism strives to improve public confidence and trust in lawyers. For 2017, the Professionalism Committee has adopted as its organizing principles the Five C’s.More.

IndyBar Frontlines -5/17/17

Read news from around 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.
childreninneed-2col.jpg chin logo

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

Tug-of-war

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.

More.

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.

Aiming for exoneration

Inmate awaits court hearingMore.

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.

After exoneration

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

More.

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.

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.

Teaming up for change

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

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.

System delivers injustice

Exonerated face new, old legal hurdles after release.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: Noblesville collision
Patricia Acker and Peter Acker v. Keyna Sanders  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

 

 

More Trial Reports

Blogs

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.
 


    FEATURED SUPPLEMENTS

Leadership in Law 2016Leadership in Law
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.

 

Corporate
                              Counsel 2015Corporate Counsel Guide
Indiana Lawyer's 2017 Corporate Counsel Guide provides snapshot information about lawyers providing in-house legal counsel to Indiana's business community.

 
 
Sponsored by

Opinions May 26, 2017

Indiana Court of Appeals
Indiana Department of Child Services v. J.D., R.B., et al.
71A03-1611-JC-2627
Juvenile CHINS. Reverses the St. Joseph Probate Court’s denial of the Indiana Department of Child Services’ petition alleging M.B. was a child in need of services. Finds DCS’ evidence tending to establish the elements of Indiana Code 31-34-12-4, or the Presumption Statute, was competent and probative and, thus, sufficient to trigger the application of the Presumption Statute and shift the burden of producing evidence to rebut the presumption to M.B.’s parents. Remands with instructions.More.
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. My husband left me and the kids for 2 years, i did everything humanly possible to get him back i prayed i even fasted nothing worked out. i was so diver-stated, i was left with nothing no money to pay for kids up keep. my life was tearing apart. i head that he was trying to get married to another lady in Italy, i look for urgent help then i found Dr.Mack in the internet by accident, i was skeptical because i don’t really believe he can bring husband back because its too long we have contacted each other, we only comment on each other status on Facebook and when ever he come online he has never talks anything about coming back to me, i really had to give Dr.Mack a chance to help me out, luckily for me he was God sent and has made everything like a dream to me, Dr.Mack told me that everything will be fine, i called him and he assured me that my Husband will return, i was having so many doubt but now i am happy,i can’t believe it my husband broke up with his Italian lady and he is now back to me and he can’t even stay a minute without me, all he said to me was that he want me back, i am really happy and i cried so much because it was unbelievable, i am really happy and my entire family are happy for me but they never know whats the secret behind this…i want you all divorce lady or single mother, unhappy relationship to please contact this man for help and everything will be fine i really guarantee you….if you want to contact him you can reach him through dr.mac@yahoo. com..,