Last UpdatedTHU., SEPTEMBER 2, 2010 - 3:36 PM
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Appellate courts address estate tax, trust division regarding adoptions

As adoptions have become more common and more accepted for expanding the family tree, courts have had to address some legal matters clarifying those familial ties.More.

Former ISBA president Rabb Emison dies02:40 pm

The state legal community is saying goodbye to a past Indiana State Bar Association president who was a pivotal part of promoting diversity within the profession.More.

Judge orders law firms to repay city $453,28202:20 pm

Michael Hoskins
A Merrillville attorney and three law firms must repay East Chicago a total $453,282 in legal fees they collected for defending former city officials in the Sidewalk Six scandal.More.

National ACLU exhibit makes debut in Indianapolis02:10 pm

A traveling exhibit celebrating the American Civil Liberties Union’s 90th anniversary will be unveiled in Indianapolis Friday.More.

In This Issue

SEPT. 1-14, 2010
thisissue1-090110.jpg Cover

Meet the in-house counsel at Indiana University who describes herself as one of the few remaining "general practioners" left. See how adult guardianship programs around the state continue to operate with little funding. Learn more about the partnership between Indiana University Mauer School of Law and India.

Top Stories

7th Circuit upholds Indiana's judicial canons

At a time when the legal community is caught up in controversies about how judges are selected and whether they can remain impartial, the 7th Circuit Court of Appeals has weighed in on that national debate and ruled that states have the authority to self-regulate on those issues as it relates to judicial canons.More.

Indianapolis Bar Association forms PACRestricted Content

The Indianapolis Bar Association may be the first statewide or nationally to create a plan aimed at combating judicial campaign-contribution concerns on the heels of a landmark court ruling last year.More.

Adult guardianship programs continue to operate with little fundingRestricted Content

Courts around Indiana have started their own guardianship programs based on the Lake County model program in Allen, Elkhart, Lawrence, St. Joseph, Tippecanoe, and Vanderburgh counties.More.

Guardians program fulfills needRestricted Content

To help address the need for guardians for patients of a northwest Indiana hospital, Lake County Judge Diane Kavadias-Schneider – with others in the court and with permission from Indiana Chief Justice Randall T. Shepard – worked on a guardianship program that involved temporary volunteer guardians.More.

Partnership between law school and India continuesRestricted Content

Ties between an Indiana law school and India were strengthened this summer as six students completed legal internships and a professor began a study of that country’s trial courts.More.

Indianapolis IP attorney killed by husband after filing for divorce

Practicing law was never an obligation for Indianapolis attorney Mary Jane Frisby but a chance for her to say, “Wow, look what we get to do.”More.

Focus

Appellate courts address estate tax, trust division regarding adoptions

As adoptions have become more common and more accepted for expanding the family tree, courts have had to address some legal matters clarifying those familial ties.More.

Justices criticize attorney's decision making on publicationRestricted Content

State statutes about adoption and grandparent visitation may be important for Indiana trial courts when considering custody issues, but courts have long held that foundational due process rights still apply and can’t be sacrificed.More.

Opinion

Editorial: Preservation of judicial impartiality a win

Here at the newspaper, we don’t like to see anything put the brakes on the sharing of opinions.More.

Indiana Judges Association: Plain English? Revisions plain common senseRestricted Content

“The Indiana Model Civil Jury Instructions, written in plain English, are now available. … The new instructions were prepared by the Civil Instructions Committee of the Indiana Judges Association.”More.

DTCI: Hands-free cell calls while driving are not safer

It is hoped that you had the opportunity to read an article written by my friend, Dave Temple, regarding the dangers of using your cell phone or PDA while driving, which was published in the March 17-30, 2010, edition of the Indiana Lawyer.More.

In Brief

Indianapolis attorney chosen as magistrate judge

A partner at Indianapolis law firm Barnes & Thornburg has been chosen as the newest federal magistrate judge for the U.S. District Court for the Southern District of Indiana.More.

'Social business' among discussions

This year’s Program on Law and State Government at Indiana University School of Law – Indianapolis Oct. 1 will focus on three main topics for lawyers, businesses, legislators, government employees, and academics: education about entrepreneurship at the undergrad, graduate school, and law school levels; the idea of “social businesses,” also known as L3Cs or low profit limited liability companies; and how government entities use data to improve services to citizens.More.

Book recounts '08 presidential race

An Indiana lawyer intimately involved in Barack Obama’s presidential run has written a book about the campaign and how the consistently Republican state went Democrat for the first time since 1964.More.

Disagreements plague Camm case

Attorneys in the high-profile David Camm case in southern Indiana disagree about where to pull jurors from for a third murder trial and whether the original prosecutor can continue on the case.More.

Civics program cuts staff

The staff of the civics education program of the Indiana Bar Foundation will be restructured due to decreases in IOLTA funding available for next year, the IBF announced today.More.

Appeals court hears back-pay arguments

Attorneys argued before the Indiana Court of Appeals on an appeal of a Marion Superior judge’s award of more than $42 million to a class of thousands of current and former state employees wanting to recover back pay for unequal wages earned between 1973 and 1993.More.

Justice: Fee hike could mean statewide case management system by 2017

If lawmakers during the next legislative session increase a statewide court fee an extra $3, Indiana Supreme Court Justice Frank Sullivan believes the state can fully implement a case management system in all county courts by June 30, 2017.More.

Deadline set for Tax Court judge applications

Anyone interested in being the next Indiana Tax Court judge has just about a month to apply for that position.More.

8 submit proposals for Indiana appellate system

Eight companies are interested in outfitting the Indiana appellate courts with a case management system with public access and e-filing capabilities.More.

Special Sections

Institution's lawyer finds client a hybrid

Kiply Drew knows her job as an in-house counsel for the one of the country’s top 100 universities means every day is different.More.

Disciplinary Actions

Disciplinary Actions - 9/1

Read more about a private reprimand.More.

Bar Associations

Lawyers tee off for annual event

The Hamilton County Bar Association hosted its annual Judges and Lawyers Golf Outing Aug. 25 at Fox Prairie Golf Course in Noblesville. Players of all skill levels participated in the 18-hole scramble-format tournament and enjoyed dinner, camaraderie, and prizes after golf.More.

Indianapolis Bar Association forms PACRestricted Content

The Indianapolis Bar Association may be the first statewide or nationally to create a plan aimed at combating judicial campaign-contribution concerns on the heels of a landmark court ruling last year.More.

DTCI: Hands-free cell calls while driving are not safer

It is hoped that you had the opportunity to read an article written by my friend, Dave Temple, regarding the dangers of using your cell phone or PDA while driving, which was published in the March 17-30, 2010, edition of the Indiana Lawyer.More.

Hickey: The Power of iNspiration

Sometimes, you get so busy that the weather out your window is as foreign as a fat-free Big Mac. Sometimes, you just need to stop and be inspired.More.

IBA: Court to Conduct Magistrate, Commissioner Evaluation

The Marion Circuit and Superior Courts have announced they will be conducting a performance evaluation of all current Magistrates and Commissioners now serving those courts.More.

IBA: Law Students Services Offered

As another school year begins, the halls of IU Law School-Indianapolis are once again filled with anxious and overwhelmed first year students. Right away the IBA Student Division offers practical programming, networking, and fun events to help students acclimate to their new setting.More.

IBA: Indiana Court Official to Lead National Court Organizations

Lilia G. Judson, executive director of the Indiana Supreme Court Division of State Court Administration, has been elected vice-chair of the Board of Directors of the National Center for State Courts (NCSC).More.

IBA: Free CLE for Pro Bono Volunteers

The Indybar’s Pro Bono Standing Committee is pleased to announce that the Julian Center, Neighborhood Christian Legal Clinic ad Heartland Pro Bono are teaming up to present three CLE’s this fall.More.

IBA: Diversity Job Fair

Three deserving students received Diversity Job Fair scholarships provided by Baker & Daniels LLP, Barnes & Thornburg LLP and Bingham McHale LLP.More.

IBA Frontlines

Information for Sept. 1-14, 2010.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.

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.

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.

Eminent domain
State of Indiana v. Ecoff Trucking Inc.

More

 

Products liability/negligence
Jonathan M. Hinsley v. Better Built Dry Kilns, Inc. and DeNardi, s.r.l., a/k/a Nardi Group and Nardi Partecipazaioni, s.r.l.

More

 

Medical malpractice
John Cole Sr., as personal representative of the Estates of Patricia Harris Cole, et al. v. Joseph M. Smith, M.D.

More

 

More Trial Reports

Blogs

Planning for the unexpected

Does your firm’s disaster plan include what to do regarding random acts of violence?More.
 


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Leadership In LawLeadership 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.

 

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Opinions Sept. 2, 2010

Indiana Court of Appeals
Conwell Construction v. Abbey Road Development, LLC, et al. (NFP)
49A05-0912-CV-741
Civil. Affirms trial court grant of permission to amend its counterclaim to assert a claim for actual damages.

More.

Indiana Supreme Court interviews

Supreme Court IconThe three finalists for the next Supreme Court justice have been selected. Watch clips of their semi-finalists interviews here.

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  1. Thursday, Aug. 26 marks the 90th anniversary of the ratification of the 19th amendment giving women the right to vote. The Women's Studies Program and Interdisciplinary Programs invites everyone to attend a celebration of this event on Thursday, beginning at 4 p.m. in the library's events area. This program and reception will also celebrate the 2010 Awardees of the Charlotte Zietlow Women Faculty Research Grant. Dr. Zietlow, recognizing the gender gap in tenure, determined to do something about it and created the endowment that funds grants to support pre-tenure women faculty. For more information about this grant (application process for the next round will be Spring 2011), please visit http://www.indstate.edu/wmnstudy/awards.htm.
    Following the reception, consider staying on for a showing of a powerful movie, Iron-Jawed Angels, 6:15 - 8 p.m. Please urge your students to attend this film. Starring Hilary Swank as Alice Paul and Angelica Houston as Carrie Chapman Catt, this 2004 film forcefully portrays how many women put their lives at risk to give women what is now often taken for granted: the right to vote. Students are also welcome to attend the Women's Equality Day/Zietlow function.

  2. This doesn't seem quite up to par with typical Indiana Lawyer journalism. Maybe a byline advertising a future story would have been more appropriate.

  3. It was only a statment the girl made at the age of sixteen.and some how was made substationed only by the statement its self not any kid of prof.also the dcs never even tried to find out if she was telling the truth nore did they tell them[ann & glen] that it became some thing they would have truble with in the future.

  4. u left some thing out about Glen.Which miss leeds people to think he is a bad person and there is no prof of that nore did they ever eveb try to find out if he was even after the statement.u should say some thing about that report and that it was her word and never even atempted to try and prove it to be ture.if u read the whole thing u can see that.please dont miss leed people like this.

  5. What else do you call it when the SCOTUS discovers a right to destroy your unborn child in the Bill of Rights? What else do you call overturning the clear will of the people by instituting same-sex marriage (see California, etc.)?