Last UpdatedTUE., MAY 22, 2012 - 3:46 PM
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New bar group advocates for military spouse JDs

Relaxed admission requirements by states could remove barriers to employment for lawyers who must move when spouse relocates.More.

High court takes vacation pay case02:30 pm

Jenny Montgomery
The Indiana Supreme Court accepted one case for the week ending May 19 and denied transfer to eight others.More.

Shaui released from jail02:20 pm

Jenny Montgomery
More than year after her arrest on charges of murder and attempted feticide, Bei Bei Shuai is free on bail.More.

Appeals court reverses DCS judgment of CHINS02:00 pm

Dave Stafford
A 16-year-old Indianapolis girl was improperly adjudicated a child in need of services, and her mother should not have been subject to Department of Child Services oversight, the Indiana Court of Appeals ruled Tuesday.More.

In This Issue

MAY 11-24, 2012
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Deceased rapper Tupac Shakur's recent performance through technology has raised some interesting intellectual property questions. More attorneys are deciding to gradually retire, partly because of the economy. A new bar association is advocating for relaxed bar admission requirements for attorneys who are married to members of the military.

Top Stories

New bar group advocates for military spouse JDs

Relaxed admission requirements by states could remove barriers to employment for lawyers who must move when spouse relocates.More.

Lawyers should stay away from 'daily deals'

An attorney's inquiry on a listserv led to the Indiana State Bar Association ethics opinion.More.

'Hologram' performance by Tupac creates legal questions for IP lawyers

Fans raved about the "hologram" Tupac Shakur's performance at Coachella. For intellectual property lawyers, Tupac’s virtual return to the stage raises some interesting questions.More.

Child Advocates has been the voice of children for 30 years

As Court Appointed Special Advocate for Marion County, Child Advocates is celebrating its 30th anniversary, having assisted more than 75,000 children since its inception. Today, the organization advocates for every child involved in a Marion County abuse or neglect case – more than 5,000 annually – with the help of more than 400 volunteers.More.

Focus

More attorneys choosing gradual retirement

Economics are one reason why lawyers postpone withdrawal from practice.More.

Indiana's inheritance tax phasing out

Attorneys who handle estate planning say questions remain about the future of the federal estate tax.More.

Opinion

Start Page: Going paperless doesn't have to be painful

You promised your-self this would be the year you went “paperless.” The year is half over. How’s that working out for you?More.

Terms of Art: effecting viral social change

Wandini Riggins writes about Indianapolis attorney Kenan L. Farrell and his work with the arts community.More.

McGoff: Go on vacation

Sharon McGoff writes about why our bodies need vacations and how to take one.More.

Inbox: Balancing the scales of justice

A letter from Indiana Attorney General Greg Zoeller on his brother, a well-known criminal defense attorney.More.

Indiana Judges Association: Is it time for an electoral college for judges?

Some people just do not like judges. But according to Indiana University Maurer School of Law professor Charles Geyh, most people do – at least up to a point.More.

In Brief

Catholic school teacher claims termination due to fertility treatments

A Fort Wayne teacher whose contract at St. Vincent de Paul School was not renewed last year claims it was because she is undergoing fertility treatment.More.

Law School Briefs - 5/11/12

Read about a health law conference May 21 at Robert H. McKinney School of Law.More.

Indianapolis attorney charged with defrauding clients out of $2.5M

An Indianapolis attorney has been charged with misappropriating more than $2 million from his clients.More.

Teens sue school after expulsion for online death threats

The three teenage girls who were expelled from school because of their after-school online activity filed a lawsuit Wednesday in federal court against the northern Indiana school district. The teens claim the death threats they made on Facebook were made jokingly and their First Amendment rights are being violated.More.

Attorneys donate record amount to food banks

Lawyers and law firms participating in this year’s March Against Hunger raised the equivalent of 135 tons of food, a record amount for the competition that’s in its fourth year.More.

Shepard receives ICLEF award

The Indiana Continuing Legal Education Forum recently gave Randall T. Shepard, former Indiana chief justice, an award for his contributions to continuing legal education.More.

Special Sections

Leadership in Law 2012

See photos from this year's awards ceremony.More.

Indiana Court Decisions - April 19-May 2, 2012

Read opinions from Indiana's appellate courts and the 7th Circuit Court of Appeals.More.

On The Move

On the Move - 5/11/12

See who's been honored and joined Indiana firms.More.

Disciplinary Actions

Disciplinary Actions - 5/11/12

See who's been suspended from practice in Indiana.More.

Bar Associations

DTCI: Take a moment to breathe before hitting 'send'

Robert Thornburg writes about civility among the legal profession.More.

Chinn: A Civics Lesson for All of Us

Scott Chinn writes about the importance of civic education and the need to fund programs.More.

IBA: Law Firm Mergers Hold Steady Nationally at Pre-Recession Pace

There were 14 law firm mergers and acquisitions announced in the United States in the first quarter of 2012, according to Altlman Weil. This continues the rebound of law firm combinations that began in the fall of 2010 and held through all of 2011.More.

IBA: Opportunity to Help

With generous support from the Indianapolis Bar Foundation, the Health and Human Rights Clinic (“HHRC”) at the Robert H. McKinney School of Law invites local attorneys to team with clinical faculty in providing pro bono representation to low-income clients in the Indianapolis community.More.

IndyBar Law Day 2012

Photos from the career fair organized by the IndyBar for Law Day 2012.More.

IBA Frontlines - 5/11/12

Read news from the IndyBar.More.
Juvenile Justice Juvenile Justice

Improving a child's access to counselRestricted Content

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

Early intervention for juvenilesRestricted Content

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

The evolution of capital punishmentRestricted Content

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 penaltyRestricted Content

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.

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.

State slow to achieve juvenile justice reforms

Local successes exist; systematic changes lag.More.
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Indiana makes gains in permanent placementRestricted Content

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?Restricted Content

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

State death penalty cases averaged 17 yearsRestricted Content

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 penaltyRestricted Content

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.

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.

'Out of the court's hands'

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

Detaining questions

Funding of youth detention, alternatives draws concern.More.

Trucking accident
Willetter Morrison-Johnson and Steven Johnson v. Republic Services of Indiana, L.P. and Jason Stanley

More

 

Automobile accident involving police officer
Rolla Trent, individually and as administratror of the estate of Shirley Trent, deceased v. City of Peru

More

 

Automobile accident
Melissa Miller v. Crossroads Rehabilitation Center Inc. and John Gocke
More

 

More Trial Reports

Blogs

Economy has shifted law firm leaders' attitudes

The downturn in the economy has led to more law firm leaders accepting legal market trends that many had dismissed several years ago.More.
 


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Indiana Lawyer's 2012 Corporate Counsel Guide provides snapshot information about lawyers providing in-house legal counsel to Indiana's business community.

 

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Opinions May 22, 2012

Indiana Court of Appeals
In the Matter of V.H.; J.H. v. Indiana Dept. of Child Services

49A02-1110-JC-947
Juvenile. Reverses juvenile court’s grant of CHINS petition and vacates the court’s participation order, holding that the CHINS adjudication and participation decree were erroneous.More.

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  1. G. Michael Witte letter states he's suspended for three years. The case that got him suspended is identical to my estate case, including havin the Late Judge Deiter recuse himself because Newman had a conflict of interest with the judge. His Modus Operandi is nearly identical.

  2. SIGNED BY G. MICHAEL WITTE EXECUTIVE SECRETARY INDIANA SUPREME COURT DISCIPLINARY COMMISSION DATED MAY 17, 2012.

    Your 6th complaint against Lawrence T. Newman filed on 4/12/2012. On 1/31/12, the Indiana Supreme Court entered an order suspending Lawrence T. Newman’s law license for a period of three years. More important, even after three years, Lawrence Todd Newman will not get his license back unless and until he goes through a separate proceeding to prove that he is fit to practice law. This is not an easy process, and the burden is upon Lawrence T. Newman to prove by clear and convincing evidence that he is fit to return to practice.
    Because of the length of Lawrence T. Newman’s license suspension and the fact he may never succeed in getting his law license reinstated, we are not opening an investigation file at this time.
    Should Lawrence T. Newman seek reinstatement in the future, we will open your file and ask Lawrence T. Newman to address your grievance as part of his burden of proving fitness. We have attempted to notify Lawrence T. Newman that this will be required of him.
    It may disappoint you to hear that we will be doing nothing on your grievance at this time. However, the most our office can ever accomplish is to take away a lawyer’s license to practice law. We have already done that, albeit as a result of misconduct in cases other than your own. It makes better sense for our office to focus its limited resources on cases where the lawyers are still actively practicing law.

  3. Is there any justice in the Marion County Superior Court Civil Division? I am the unfortunate victim of a retaliatory lawsuit brought by Lawrence Todd Newman, the attorney from an estate case on which I worked as a unsupervised personal representative in 2006. The contract agreement for that case stated that the estate would be responsible for all attorney fees, but Newman refused to close the nearly insolvent estate when my duties were complete and his fees were paid. Instead, he tried to extort additional attorney fees from me by keeping the case open to address a wrongful death claim, despite the estate’s heir’s lack of interest in pursuing it and an expert doctor’s opinion that it would not be worth doing so. He also knowingly deceived me into believing that a “closing statement” was needed to close the estate, even though this requirement had actually been waived by the estate’s heir. The heir’s attorney filed a motion to have Newman removed from the case. After the court closed the probate case with prejudice (barred from further litigation) Newman illegally re-opened the case in another courtroom.
    As a result of complaints filed against him for these and similar actions, Newman has been suspended from practicing law for 18 months by the Indiana Disciplinary Commission. In retaliation, he has filed suit against me demanding additional attorney fees for the 2006 estate case, despite the fact that I made no agreement stating that I would pay any fees from my own assets on behalf of the estate. This lawsuit violates the rules of ethics, due process of law, and equal protection of law. Newman has been allowed to file ridiculous pleadings at an alarming rate and has been supported by a biased court system. Judge Carroll refuses to recuse himself from the case despite the fact that, by his own admission, he intends to grant Newman sanctions regardless of the evidence. When my former counsel discovered that the previous judge on the case, Judge Sosin, was a long-time close friend of Newman’s family, Judge Carroll commented for the record during a hearing that Judge Sosin in so many words “he finds the door “was weak for recusing himself from the case as a result of this obvious conflict of interest.
    This case is a public policy issue. Statutes put in place to protect unsupervised personal representatives in probate matters are being ignored. This case will affect thousands of individuals involved in probating and the personal representation of estates. Justice cannot possibly be served as long as a biased judge is allowed to defend a “vexatious litigant,” as Newman has been described by Judge Logan in Bradenton, Florida court. If there is any justice in the Marion County Superior Court Civil Division, this case against me will be dismissed with prejudice.

  4. Every affront to decency and every style adopted by criminals is not per se a constituttional violation. Only fools believe or espouse that.

  5. This was an unnecessary change in law, a needless fiddling with a tax that impacted very very few hoosiers, but one that erodes a tax base benefitting very many hoosiers. Just because some people wanted to chalk up a "tax cut" on their legislative brag-list, and didnt give a fig about replacing the revenue any other way. Really stupid. I am a republican my whole life and this just shames me like hell. I have to use a fake name over this because I know my fellow republicans are all brain washed over tax cutting too.