Last UpdatedWED., DECEMBER 7, 2016 - 3:08 PM
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ITT Chapter 7 bankruptcy fallout

The student records are only one aspect of this bankruptcy. There are employee records, pension benefits, 401(k) retirement funds plus lawsuits previously filed by federal agencies and some states’ attorneys general.More.

COA holds public trust rights rule along lakeshore03:07 pm

Olivia Covington
When a private property owner’s land deed overlaps with that of the public trust along Lake Michigan, the rights to the shore are controlled by the common law public trust doctrine, the Indiana Court of Appeals found Wednesday in a landmark decision that prevents private property owners from exerting complete control over lakeshore land between ordinary high- and low-water marks.More.

Barnes & Thornburg’s Elkhart attorneys relocate closer to pulse of RV industry02:49 pm

Marilyn Odendahl
Barnes & Thornburg LLP attorneys in Elkhart are settling into new digs, having left the downtown office they called home since 1996 and moving closer to the growing industrial corridor of the city’s recreational vehicle base.More.

COA holds that volunteer work was incidental to man’s employment02:22 pm

Olivia Covington
A general contractor’s volunteer work was incidental to his professional employment, so the injuries he sustained during the volunteer work must be covered under the Indiana Worker’s Compensation Act.More.

In This Issue

NOV. 30-DEC. 13, 2016
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The ITT Educational Services Chapter 7 bankruptcy filing entails creditors, lawsuits, retirement accounts, and 40,000 boxes of student records. This Lawrenceburg family boasts five generations of lawyers. The 2017 DTCI president is focused on celebrating the organization's 50th anniversary.

Top Stories

Ceremony honors graduates of St. Joseph County Veterans Treatment Court

Six former military members graduated from the veterans court during a special ceremony Nov. 21 at the courthouse in South Bend. Judges, attorneys, relatives and other veterans watched as the group of men received certificates for completing the program and congratulatory handshakes from veterans court Judge Steven Hostetler.More.

ITT Chapter 7 bankruptcy fallout

The student records are only one aspect of this bankruptcy. There are employee records, pension benefits, 401(k) retirement funds plus lawsuits previously filed by federal agencies and some states’ attorneys general.More.

Valparaiso Law public censure puts admission policies to test

How much the ABA-imposed sanction will impact Valparaiso University Law School depends on who you ask.More.

Fifth-generation Lawrenceburg attorney joins long line of paternal precedent

The original Ewbank lawyers were county-seat attorneys, and the first two generations — John William and James — were abstractors who founded the family businesses in 1882.

More.

Pence counsel seeks email secrecy

Attorneys argue to the Court of Appeals whether the state's Access to Public Records Act should exempt governor from disclosure.More.

‘We the People’ enters high-needs schools

Indiana Bar Foundation brings 26 teachers into civic education-focused James Madison Legacy Project.More.

New law creates murkiness on private university police records

The Indiana Supreme Court left no doubt that it considered the Notre Dame Police Department exempt from the Access to Public Records Act when it affirmed dismissal of ESPN’s lawsuit seeking records of the department’s interactions with 275 student athletes. But a bill signed into law this year dealing with access to police body cameras could change that.More.

Focus

2017 DTCI president focused on celebrating 50th anniversary

The Evansville attorney wants to look at the history of organization and engage members in service projects in 2017.More.

2016 Defense Trial Counsel of Indiana amicus report

Opinion

Barker: New citizens encouraged to shape future of US

Judge Sarah Evans Barker gives advice to new citizens following the recent presidential election, encouraging them to shape the country's future.More.

Hammerle on ... 'Loving,' 'Fantastic Beasts and Where to Find Them'

Bob Hammerle says "Loving" is an important film that reaches beyond the movie screen.More.

Miller: Act quickly to locate all potential e-discovery data sources

Darren Miller advises attorneys to first figure out what could be the crux of their new cases in terms of electronic evidence.More.

Tragesser/Downham on augmented reality games: Gotta catch ’em all

PokemonGo’s footprint is anywhere and everywhere, which opens up a world of both opportunity and liability for business and property owners.More.

In Brief

IU McKinney dean emeritus dies

William Harvey, dean emeritus of Indiana University Robert H. McKinney and nominee to the 7th Circuit Court of Appeals died Nov. 17 after a long illness. He was 84.More.

Family values groups’ human rights lawsuit stays in court

A Hamilton County judge has ruled that a lawsuit challenging the constitutionality of human rights ordinances in four Indiana cities can continue, despite the cities’ arguments that there was no legal standing to bring the suit in court.More.

Special Sections

Indiana Court Decisions – Nov. 9-21, 2016

Read recent appellate decisions.More.

Bar Associations

Moberly: The IndyBar – Here for all your ‘Ages and Stages’

I’ve been asked many times why I volunteer for the Indianapolis Bar Association, and I have given lots of reasons over the years. In fact, the reasons I belong and I volunteer have changed through the years.More.

Planning for the Future: The IndyBar Strategic Plan

The strategic planning process—one that the Indianapolis Bar Association has undertaken since the early 1990s—is a crucial practice that charts the course for the coming years, setting priorities, focusing energy and strengthening the organization.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

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.

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.

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.

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: 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.
 

CLE Calendar


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Opinions Dec. 7, 2016

Indiana Court of Appeals
Reginald Webster v. State of Indiana
49A05-1603-CR-417
Criminal. Reverses Reginald Webster’s conviction for Class A misdemeanor carrying a handgun without a license. Finds that the Marion Superior Court clearly erred in denying Webster’s motion for involuntary dismissal.More.
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  1. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  2. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  3. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  4. A high ranking bureaucrat with Ind sup court is heading up an organization celebrating the formal N word!!! She must resign and denounce! http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

  5. ND2019, don't try to confuse the Left with facts. Their ideologies trump facts, trump due process, trump court rules, even trump federal statutes. I hold the proof if interested. Facts matter only to those who are not on an agenda-first mission.