Last UpdatedMON., JUNE 29, 2015 - 3:25 PM
tax-bp

Tax on out-of-state earnings may be illegal under SCOTUS ruling

Thousands of Hoosiers with out-of-state earnings may have paid tens of millions of dollars in illegal tax, but whether litigating the issue will be worthwhile remains a question for experts in tax law, accounting and public policy.More.

EPA loses on power-plant emissions rule

The Obama administration didn’t adequately consider the billions of dollars in costs before issuing a rule designed to cut hazardous emissions from 460 coal-fired power plants, the Supreme Court of the United States ruled.More.

Legislative and judicial history settles feud over estate

Marilyn Odendahl
Sisters arguing over the family estate failed to provide the court with “clear and convincing evidence” that their father’s intentions were different from his actions.More.

Justices uphold Arizona’s system for redistricting

The Supreme Court of the United States on Monday upheld Arizona congressional districts drawn by an independent commission and rejected a constitutional challenge from Republican lawmakers.More.

In This Issue

JUNE 17-30, 2015
thisissue1-061715.jpg 061715 cover

Two trial court judges with a breadth of experience hearing criminal and civil matters and a public defender who’s tried hundreds of appeals are finalists to be the next Indiana Court of Appeals judge. Indiana Tech Law School plans on reapplying for provisional accreditation after the ABA denied its first application. Immunity laws are flourishing in Indiana.

Top Stories

Suing wrong man over Indy skyline photo costs lawyer $34K

A lawyer and photographer who sued hundreds of people claiming copyright infringement of his Indianapolis skyline picture must pay almost $34,000 in legal fees to a defendant who never used the image.More.

Waiting for SCOTUS ruling on same-sex marriage

Evansville Police Sgt. Karen Vaughn-Kajmowicz and her wife, Tammy, battled the Indiana General Assembly’s effort to add the “one-man, one-woman” definition of marriage to the state constitution and eventually joined one of the lawsuits against the state to end the ban on same-sex marriage.More.

COA finalists await governor's selection

Two trial court judges with a breadth of experience hearing criminal and civil matters and a public defender who’s tried hundreds of appeals are finalists to be the next Indiana Court of Appeals judge.More.

Indiana Tech to reapply for accreditation

Just four days after meeting with law school officials and hearing their presentation about their approach to legal education, the ABA Council of the Section of Legal Education and Admissions to the Bar denied granting provisional accreditation to the Fort Wayne law school.More.

Annexation law gives landowners more clout

Forty-nine days after the start of the 2015 Indiana General Assembly, many landowners fighting municipalities around the state got what they wanted. But language ending involuntary incorporation was stripped from the bill.More.

Tax on out-of-state earnings may be illegal under SCOTUS ruling

Thousands of Hoosiers with out-of-state earnings may have paid tens of millions of dollars in illegal tax, but whether litigating the issue will be worthwhile remains a question for experts in tax law, accounting and public policy.More.

Taft bolsters IP practice with 10 lawyers from rival firm

Taft Stettinius Hollister LLP has pulled off a major coup in the Indianapolis legal community by taking half the intellectual property practice from rival law firm Krieg DeVault LLP.More.

Focus

Immunity laws flourishing in Indiana

ITLA task force examines number of protections in the Indiana Code.More.

Awards presented at the 27th annual Lifetime Achievement Seminar

ITLA President Steve Langer presented two awards at the 27th annual Lifetime Achievement Seminar May 7 at the Indiana Convention Center.More.

ITLA can help young lawyers learn to practice the law

New ITLA Young Lawyers Section Chair Alexander Limontes says the section can provide young lawyers with both educational and networking opportunities.More.

McDonald takes ITLA leadership

James O. McDonald of Terre Haute has represented plaintiffs for more than four decades, and now the lawyer represents the state’s plaintiffs’ bar as president of the Indiana Trial Lawyers Association.More.

Opinion

DTCI: Impact and questions from EPA draft study on fracking

Just shy of 600 pages with a 28-page executive summary to boot, the EPA report concludes that that the agency was unable to find “evidence that ‘mechanisms’ [identified in the report] have led to widespread, systemic impacts on drinking water resources in the United States."More.

Inside the Criminal Case: The duty to correct the trial court in a criminal case

Prosecutors and criminal defense lawyers need to know that there are times they are required to correct the trial court’s record.More.

Technology Untangled: Can software save money on printer ink?

There is some evidence suggesting that simply using a different font could save significant volumes of ink.More.

Hammerle On…'Spy,' 'The Connection'

Robert Hammerle writes about "Spy" that international spies have not been this frenetic and madcap since Peter Sellers died.More.

Klein: McKinney Law trains leaders for success in life sciences

In so many ways, Indianapolis helps us thrive. But the converse is also true. The McKinney School of Law is critical to Indianapolis’ success.More.

In Brief

Hussmann to retire from Southern District

U.S. District Court Magistrate Judge William G. Hussmann Jr. has announced plans to retire Jan. 31, 2016, opening another vacancy in the Indiana federal judiciary.More.

Lake County judge to lead ILS board

Lake Superior Judge Calvin Hawkins has been selected to be the next president of the board of directors of Indiana Legal Services.More.

Barnes & Thornburg stakes claim in Texas

Barnes & Thornburg LLP has announced the opening of an office in Dallas, the 13th office for the Indiana-based law firm.More.

Council votes not to consider revised justice center plan

The City-County Council voted 16-13 Monday night against considering a scaled-down plan for a new Marion County criminal justice center.More.

Kroger Gardis Regas name founder dies at 96

William J. Regas, a founding name partner at one of Indianapolis’ oldest law firms, has died. He was 96.More.

Special Sections

Indiana Court Decisions-May 27–June 9, 2015

Read recent Indiana appellate decisions.More.

On The Move

On the Move-6/17/15

Read who's recently joined an Indiana law firm.More.

Disciplinary Actions

Disciplinary Actions-6/17/15

Read who's been publicly reprimanded by the Indiana Supreme Court.More.

Bar Associations

Trimble: Do You Have a Brand?

Every professional meeting I attend these days seems to have a segment on the subject of “branding.” We are either being encouraged to develop a law firm brand or a personal brand, or both (At first I thought that a personal “brand” was just a euphemism for a tattoo, and the thought of a branding iron on my backside did not interest me.).More.

IndyBar: Unlock Discounts with your IndyBar Membership

From solo practitioners to large firms, the pressure to cut costs in the legal profession is greater than ever. For IndyBar members, there’s an easy way to save money on everything from folders to flights from companies like Staples, Verizon and Expedia, simply through IndyBar membership.More.

IndyBar: Are You The Next Nissa Ricafort?

In January, 2017, Nissa Ricafort will become the president of the Indianapolis Bar Association (IndyBar). One reason this is significant is because Ricafort will be the first IndyBar President who is also a graduate of the Bar Leader Series.More.

IndyBar: Scholarships Top $200,000 Milestone

Twenty years ago, Rich Blaiklock received a scholarship from the Indianapolis Bar Foundation, and the Lewis & Wagner LLP attorney remembers that it couldn’t have come at a better time.More.

IndyBar: Incorrect Marion Superior Local Rule Published

The Marion Superior Court has announced that the local rule referenced in the 2015 Indiana Rules of Court Volume III- Local book published by Thomson Reuters does not contain the court’s current local rule regarding Writs of Attachment.More.

IndyBar: Indianapolis Bar Foundation to Award $35,000 Grant

The Indianapolis Bar Foundation (IBF) is now accepting applications through July 8, 2015, for its Impact Fund Grant of at least $35,000 to be awarded in early October 2015. Application instructions and additional information can be found at indybar.org/ibf.More.

IndyBar: Arlene Morris Named IndyBar Paralegal of the Year

The Indianapolis Bar Association is proud to recognize Arlene L. Morris of Whitham Hebenstreit & Zubek as the association’s Paralegal of the Year for 2015. Morris will be recognized for this honor at the IndyBar Paralegal Appreciation Luncheon, to be held Thursday, July 30 from noon to 1 p.m. at The Conrad Hotel.More.

IndyBar: Nominations Now Accepted for Antoinette Dakin Leach Award

To recognize the accomplishments of female attorneys in central Indiana, the IndyBar’s Women & the Law Division presents the Antoinette Dakin Leach Award, an honor named for the first woman who gained admittance to the Indiana Bar.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.

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.
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.

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.

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.

Breach of employment contract/intentional tort
Bradley Scott Montgomery v. Danville Community School Corporation

More

 

Personal injury vehicle accident
Kristie Malnar v. Ruth Black

More

 

Motorcycle Accident
Garrett Minniear v. Chase King d/b/a King Masonry LLC
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 2014Leadership 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 Guide 2015Corporate Counsel Guide
Indiana Lawyer's 2015 Corporate Counsel Guide provides snapshot information about lawyers providing in-house legal counsel to Indiana's business community.

 

Corporate Counsel Guide 2014Corporate Counsel Guide
Indiana Lawyer's 2014 Corporate Counsel Guide provides snapshot information about lawyers providing in-house legal counsel to Indiana's business community.

 
 
Sponsored by

Opinions: 6/29/2015

Indiana Supreme Court
Larry D. Russell, Jr. v. State of Indiana
84S01-1409-CR-583
Criminal. Affirms 10-year sentence for conviction of five counts of Class C felony neglect of a dependent and two counts of Class C felony criminal confinement. Despite an erroneous application of a particular section of Indiana Code on a perceived statutory cap on sentencing, the plea agreement is enforceable because Russell received the benefit of the bargain and there is no compelling reason to set aside the conviction, the majority held. Chief Justice Loretta Rush concurred in result only. Justice Mark Massa dissented, finding that the trial court’s acceptance of a plea agreement based on an error of law amounted to an abuse of discretion.

More.
ADVERTISEMENT
Subscribe to Indiana Lawyer
ADVERTISEMENT
  1. Major social engineering imposed by judicial order well in advance of democratic change, has been the story of the whole post ww2 period. Contraception, desegregation, abortion, gay marriage: all rammed down the throats of Americans who didn't vote to change existing laws on any such thing, by the unelected lifetime tenure Supreme court heirarchs. Maybe people came to accept those things once imposed upon them, but, that's accommodation not acceptance; and surely not democracy. So let's quit lying to the kids telling them this is a democracy. Some sort of oligarchy, but no democracy that's for sure, and it never was. A bourgeois republic from day one.

  2. JD Massur, yes, brings to mind a similar stand at a Texas Mission in 1836. Or Vladivostok in 1918. As you seemingly gloat, to the victors go the spoils ... let the looting begin, right?

  3. I always wondered why high fence deer hunting was frowned upon? I guess you need to keep the population steady. If you don't, no one can enjoy hunting! Thanks for the post! Fence

  4. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  5. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer