Last UpdatedMON., JANUARY 16, 2017 - 4:52 PM
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Pyrz begins his last year leading Indiana State Bar Association

Thomas Pyrz, who has led the ISBA since Nov. 22, 1992, plans to retire at the end of 2017. His nearly 25-year tenure has included hiring additional staff, launching new programs, and increasing the value of membership to counter attorneys’ shifting view of the association.More.

Zimmer Biomet to pay $30M in criminal and civil penalties

Medical device manufacturer Zimmer Biomet Holdings Inc. has reached a multimillion-dollar settlement with the Securities and Exchange Commission and the U.S. Department of Justice for repeat violations of the Foreign Corrupt Practices Act.More.

Bankruptcy trustee appears poised to sue former ITT brass

Greg Andrews
ITT Educational Services Inc.’s bankruptcy trustee has launched a no-holds-barred investigation into the defunct company’s business practices—a move that appears likely to pave the way for her to sue former officers and directors, including CEO Kevin Modany and Chief Financial Officer Kevin Fitzpatrick.More.

Justices to weigh limits on worker rights to sue employers

The U.S. Supreme Court said Friday it will decide whether employers can require workers to sign arbitration agreements that prevent them from pursuing group claims in court.More.

In This Issue

JAN. 11-24, 2017
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Thomas Pyrz, who has led the Indiana State Bar Association since Nov. 22, 1992, plans to retire at the end of 2017. Human trafficking is on the rise in Indiana, according to a report from the Office of the Indiana Attorney General. Critics are blasting Marion Superior judge selection bills, questioning the need for parity among the political parties on the bench.

Top Stories

Critics blast Marion County judge-selection proposals

Legislation assuring partisan balance on the bench has key stakeholder and lawmaker support.More.

Supreme Court, Legislature leave police body camera statute as is

Prosecutors say releasing police video will violate Indiana Rules of Professional Conduct.More.

Initiative leads to fewer juvenile delinquency filings

The number of youths finding themselves in the court system has been on a downward trend nationally and statewide, with the number of juvenile delinquency filings across Indiana steadily decreasing for the last decade.More.

Simon grant allows ILS to continue helping the homeless

The clinic at Horizon House provides advice and counsel to people most in need of legal assistance.More.

New ABA Blueprint tool designed to increase solo, small firm efficiency

The American Bar Associatin's Blueprint, an online legal tech marketplace tool, launched in November 2016 and is meant to enable attorneys working at solo and small firms to quickly and easily find legal technology that meets their firms’ needs.More.

Human trafficking on the rise in Indiana

The Indiana Attorney General Office’s 2016 Indiana State Report on Human Trafficking shows that in a span of just two years, the number of tips to the Indiana Protection for Abused and Trafficked Humans, or IPATH, task force about possible trafficking incidents quadrupled, up to 520 tips in 2016 from 130 in 2014.More.

Ice Miller attorney stepping away from practice to combat child exploitation

Seth Thomas is preparing to jump off what he calls the treadmill of private practice to help combat the “most horrific awful evil thing” — cybersex trafficking and online exploitation of children.More.

Pyrz begins his last year leading Indiana State Bar Association

Thomas Pyrz, who has led the ISBA since Nov. 22, 1992, plans to retire at the end of 2017. His nearly 25-year tenure has included hiring additional staff, launching new programs, and increasing the value of membership to counter attorneys’ shifting view of the association.More.

Focus

COA upholds child support order in peculiar case involving non-biological son

A divorce involving a troubled husband, unfaithful wife and a 12-year lie unraveled into a child support and paternity dispute that ended with a split Indiana Court of Appeals ordering the non-biological father to provide financial assistance. Any other ruling, the majority reasoned, would leave the minor without a dad.More.

Cassman: Proper notice in indirect civil contempt proceedings

Indirect civil contempt is the most common filing used to enforce family law orders. One of the typical defenses to an allegation of contempt is that the contempt allegations have not been properly pled. Both the Indiana Supreme Court and the Indiana Court of Appeals have addressed the issue of notice in recent cases.More.

Ryznar: Another notable year for CHINS and parental rights cases

As Indiana continues to experience heightened levels of CHINS and termination of parental rights cases, several interesting cases arose in 2016 related to these topics.More.

Opinion

Hammerle on... 'Jackie,' 'Rogue One: A Star Wars Story'

Bob Hammerle says "Rogue One" gets its strength from its characters, not its special effects.More.

Mental Fitness: I’m not scared of the bipolar stigma

In this article, you will learn a mental fitness exercise that only takes three minutes. But first, I will share my experience with asking the Indiana Judges Lawyers and Assistance Program for help in May 2015.More.

Living Fit: Past success can help you keep new year’s resolutions

It’s that time of year — making resolutions. I write about this topic every January, hoping that something I write this time will click with you to be the impetus you need to change the course of your health.More.

Examining Forensics: Making and questioning various e-discovery requests

Let’s look at pre-discovery, where you are formulating what types of files and data you are asking for, the format that you would like your deliverables in, as well as any dates or keywords relative to the case.More.

In Brief

Judge blocks Indiana’s attempt to limit birth certificate ruling

Indiana’s motion to alter the judgment allowing both females in a same-sex marriage to be listed on their child’s birth certificate was met with a sharp caution from the bench about re-litigating or attempting to limit the court’s order.More.

Ex-Supreme Court employee suing high court for discrimination, retaliation

A former Indiana Supreme Court employee is suing the state’s highest court for alleged ongoing disability discrimination and retaliatory actions.More.

Former ITT students seek creditor status in school's bankruptcy case

A group of former ITT Educational Services Inc. students are seeking legal recognition as creditors in ITT’s ongoing bankruptcy case.More.

Senior judge faces discipline for OWI

A senior judge and former Lake County magistrate is facing judicial discipline proceedings after pleading guilty in November to a charge of driving while intoxicated.More.

Indianapolis doctor wins defamation judgment against CVS

An Indianapolis physician whose patients were told at multiple CVS pharmacies that their prescriptions couldn’t be filled because the doctor had been arrested or was suspected of running a pill mill won a defamation judgment against the drugstore chain.More.

Special Sections

Indiana Court Decisions - Dec. 20, 2016-Jan. 3, 2017

Read recent appellate decisions.More.

On The Move

People on the Move

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

Bar Associations

Meet the 2017 DTCI board of directors

At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers and directors were elected. They assumed office on Jan. 1, 2017.More.

IndyBar: Denise Hayden Receives 2016 Family Law Section Award

The IndyBar Family Law Section selected Denise Hayden of the Law Office of Jessica S. Lacy to receive the annual Family Law Section Award.More.

IndyBar: Pro Bono for Any Schedule

Volunteers are now being sought for three IndyBar pro bono programs that allow members to choose to dedicate just an hour or two or a longer-term commitment.More.

IndyBar: Let’s Get Suited Up!

‘Tis the season to clean out your closet! From IndyBar’s Law Student Division and Young Lawyers Division, it’s once again time to help get central Indiana students “Suited Up” for success.More.

New for 2017: Free Fridays at the IndyBar

Get more from your membership this year with Free Fridays at the IndyBar! We’ll be saving you time and money each month with these complimentary services. All offerings take place at the IndyBar office.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.

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.

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.

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.
 

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Opinions Jan. 13, 2017

Indiana Court of Appeals
Rodney Tyms-Bey v. State of Indiana
49A05-1603-CR-439
Criminal. Affirms the trial court’s order granting the state’s motion to strike Rodney Tyms-Bey’s notice of defense under Indiana’s Religious Freedom Restoration Act. Finds as a matter of law that the state’s compelling interest in a uniform and mandatory taxation system falls into the statutory exception such that RFRA affords no relief to Tyms-Bey. Remands for proceedings. Judge Edward Najam dissents with separate opinion.More.
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  1. Good luck, but as I have documented in three Hail Mary's to the SCOTUS, two applications (2007 & 2013),a civil rights suit and my own kicked-to-the-curb prayer for mandamus. all supported in detailed affidavits with full legal briefing (never considered), the ISC knows that the BLE operates "above the law" (i.e. unconstitutionally) and does not give a damn. In fact, that is how it was designed to control the lawyers. IU Law Prof. Patrick Baude blew the whistle while he was Ind Bar Examiner President back in 1993, even he was shut down. It is a masonic system that blackballs those whom the elite disdain. Here is the basic thrust:https://en.wikipedia.org/wiki/Blackballing When I asked why I was initially denied, the court's foremost jester wrote back that the ten examiners all voted, and I did not gain the needed votes for approval (whatever that is, probably ten) and thus I was not in .. nothing written, no explanation, just go away or appeal ... and if you appeal and disagree with their system .. proof positive you lack character and fitness. It is both arbitrary and capricious by its very design. The Hoosier legal elites are monarchical minded, and rejected me for life for ostensibly failing to sufficiently respect man's law (due to my stated regard for God's law -- which they questioned me on, after remanding me for a psych eval for holding such Higher Law beliefs) while breaking their own rules, breaking federal statutory law, and violating federal and state constitutions and ancient due process standards .. all well documented as they "processed me" over many years.... yes years ... they have few standards that they will not bulldoze to get to the end desired. And the ISC knows this, and they keep it in play. So sad, And the fed courts refuse to do anything, and so the blackballing show goes on ... it is the Indy way. My final experience here: https://www.scribd.com/document/299040062/Brown-ind-Bar-memo-Pet-cert I will open my files to anyone interested in seeing justice dawn over Indy. My cases are an open book, just ask.

  2. Looks like 2017 will be another notable year for these cases. I have a Grandson involved in a CHINS case that should never have been. He and the whole family are being held hostage by CPS and the 'current mood' of the CPS caseworker. If the parents disagree with a decision, they are penalized. I, along with other were posting on Jasper County Online News, but all were quickly warned to remove posts. I totally understand that some children need these services, but in this case, it was mistakes, covered by coorcement of father to sign papers, lies and cover-ups. The most astonishing thing was within 2 weeks of this child being placed with CPS, a private adoption agency was asking questions regarding child's family in the area. I believe a photo that was taken by CPS manager at the very onset during the CHINS co-ocerment and the intent was to make money. I have even been warned not to post or speak to anyone regarding this case. Parents have completed all requirements, met foster parents, get visitation 2 days a week, and still the next court date is all the way out till May 1, which gives them(CPS) plenty of to time make further demands (which I expect) No trust of these 'seasoned' case managers, as I have already learned too much about their dirty little tricks. If they discover that I have posted here, I expect they will not be happy and penalized parents again. Still a Hostage.

  3. They say it was a court error, however they fail to mention A.R. was on the run from the law and was hiding. Thus why she didn't receive anything from her public defender. Step mom is filing again for adoption of the two boys she has raised. A.R. is a criminal with a serious heroin addiction. She filed this appeal MORE than 30 days after the final decision was made from prison. Report all the facts not just some.

  4. Hysteria? Really Ben? Tell the young lady reported on in the link below that worrying about the sexualizing of our children is mere hysteria. Such thinking is common in the Royal Order of Jesters and other running sex vacays in Thailand or Brazil ... like Indy's Jared Fogle. Those tempted to call such concerns mere histronics need to think on this: http://www.msn.com/en-us/news/us/a-12-year-old-girl-live-streamed-her-suicide-it-took-two-weeks-for-facebook-to-take-the-video-down/ar-AAlT8ka?li=AA4ZnC&ocid=spartanntp

  5. This is happening so much. Even in 2016.2017. I hope the father sue for civil rights violation. I hope he sue as more are doing and even without a lawyer as pro-se, he got a good one here. God bless him.