Last UpdatedTHU., JULY 28, 2016 - 3:55 PM
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Gold medal dreams

Hoosier lawyers and law school grads have run, swam and thrown for Olympic trials.More.

Emerging ‘rogue players’ may make legal damages harder to seize

Problems with recovering court-awarded assets — and efforts to tackle them — are widespread and potentially growing.More.

Corporate lawyers argue over whether Colbert can be Colbert

After CBS "Late Show" host Stephen Colbert told viewers that lawyers representing his old Comedy Central show said he couldn't be "Stephen Colbert" anymore, he thumbed his nose at them with a transparent dodge.More.

Appeal filed in copyright case of Led Zeppelin's 'Stairway'

Lawyers have appealed a jury decision that cleared Led Zeppelin of accusations it lifted a riff from an obscure 1960s instrumental for the intro to its classic rock anthem "Stairway to Heaven."More.

In This Issue

JULY 27-AUG. 9. 2016
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A small cohort of the Indiana legal community whose excellence in athletics got them to the cusp of the Olympics look back at their training and trials. Ties to a Florida firm burn several Indiana lawyers, including one facing discipline who says he is fighting for his livelihood. Indiana commercial courts are open for business, but only a handful of cases have been filed so far.

Top Stories

Indiana commercial courts open for business

No ribbon-cuttings heralded the opening of Indiana’s six commercial courts around the state June 1, but lawyers with complex business disputes have found their way to the forums the Supreme Court established as a pilot project.More.

Documentary marking federal court bicentennial in Indiana focuses on 3 cases

The U.S. District Court for the Southern District of Indiana is preserving stories about three notable cases for an hour-long documentary on the federal courts in Indiana. The film’s release will coincide with the institution’s bicentennial next year.More.

Associate pay raises also raise eyebrows

Key to bringing on new clients and keeping existing ones is talent attorneys. Firms across the country, including in Indiana, are raising associate pay to attract those attorneys.More.

New local rule permits judges to assign cases to attorneys

Chief Judge Richard Young is confident the new mandatory pro bono rule adopted by the U.S. District Court for the Southern District of Indiana will solve problems caused by pro se litigants trying to navigate the federal judiciary.More.

Ties to Florida firm burn Indiana lawyers

Small-town lawyer Justin Wall argues in his discipline case that he’s fighting not just for his career, but for the livelihoods of his Huntington co-workers and the needs of his community after he tried to drum up business with a regretful decision to answer a Craigslist ad four years ago.More.

Gold medal dreams

Hoosier lawyers and law school grads have run, swam and thrown for Olympic trials.More.

Time running out to get Indiana judicial nominees confirmed

Three Democratic senators failed in their attempt Wednesday to force the Senate to hold a vote on the nominees to the federal bench, creating more doubt as to how many judges will be confirmed before the end of the year.More.

Focus

Caseworker vs. DCS

Despite a caseworker’s lawsuit against the Indiana Department of Child Services, her employer says she’s right: There aren’t enough caseworkers to handle the exploding growth in cases of Indiana children and families in crisis. But that’s where the agreement ends.More.

Safe Families effort wins favor in Legislature

A new law furthers the group’s power of attorney arrangement in order to keep kids out of the child welfare system.More.

Eichholtz: Effects of opioid overdose on third-party custody issues

Opioid and heroin abuse or overdose commonly result in the temporary removal of a child from the custody of her natural parents; prevention of reunification with natural parents; or termination of parental rights. Thus, family law practitioners would be well suited to review the relevant statutes and case law involving custody and third-party custody proceedings, among other things.More.

Christensen/Laurin: Should lawyers report child abuse learned in representation?

When — if ever — is it appropriate for an attorney to report child abuse learned through client representation? The answer centers on the difference between confidentiality and privilege.More.

Opinion

Morris: Indy Legal Aid Society to roast Jim Voyles

I’m taking a break from these two weeks of political conventions and attempting instead to refocus on important local topics. A perfect example is the fun evening coming up to celebrate the 75th anniversary of the Indianapolis Legal Aid Society.More.

Technology Untangled: Yes, they really are tracking your every move

In my last article, I alerted you to some of the issues involving email privacy and encryption. Today’s article will look at another area of concern regarding privacy: smartphone location tracking and activity logging.More.

Federal Bar Update: Southern District’s local rule on indigent appointments

Although referred to by some as the “mandatory pro bono rule,” in fact the rule is entitled “Representation of Indigent Litigants,” and is multi-faceted.More.

Making Rain: Change is necessary for firms to survive

Law firms today must change their approach toward business development and marketing and embrace the change.More.

Hammerle On…'The Secret Life of Pets,' 'Hunt for the Wilderpeople,' 'Ghostbusters'

Bob Hammerle says "The Secret Life of Pets" will leave a smile on your face.More.

In Brief

Gary bar loses by default, owes fight promoter $6,000

A Gary bar that allowed patrons to watch an Ultimate Fighting Championship broadcast must pay more than $6,000 in damages for failing to pay for a license to air the broadcast, a federal judge ruled.More.

Vacancy opening up in Northern District Bankruptcy Court

The 7th Circuit Judicial Council is now accepting applications for judge in the U.S. Bankruptcy Court for the Northern District of Indiana in Hammond.More.

Courtroom named in honor of Judge Sarah Evans Barker

In recognition of District Judge Sarah Evans Barker’s more than 30 years of service on the federal bench, the U.S. District Court for the Southern District of Indiana has named a courtroom in her honor.More.

What’s in a name? Litigation, if it’s Square Donuts

A federal judge last week kept alive a lawsuit filed by a northern Indiana maker and seller of Square Donuts against Square Donuts Inc., the Terre Haute-based company that sells its trademarked treats mostly across the four corners of southern Indiana.More.

Conour asks 7th Circuit for non-public defender to reopen appeal

Former Indiana lawyer William Conour filed a pro se jailhouse pleading Thursday asking the 7th Circuit Court of Appeals to appoint a non-public defender at taxpayer expense to reopen the limited appeal of his wire fraud conviction.More.

Special Sections

Indiana Court Decisions - July 6-19, 2016

Read recent Indiana appellate decisions.More.

Disciplinary Actions

Discipinary Actions - 7/27/16

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

Bar Associations

DTCI: Of stare decisis, dissents, and asbestos litigation

This article examines the role stare decisis played in deciding personal injury cases stemming from asbestos.More.

Moberly: Finding Comfort in History

As we scratch our head over the behavior of those we see on the nightly news, we must do our part to maintain the integrity of the law, treat each other with respect and serve as a far more positive example to our colleagues, our clients and our community.More.

IndyBar: Professionalism – What Exactly Does it Mean?

Professionalism—it can mean something different to everyone. Luckily, a recent IndyBar program—“Can’t We All Get Along?”—shed light on this topic and was the first IndyBar CLE program to be aired on Facebook Live.More.

IndyBar Frontlines - 7/27/16

Read news from around the bar!More.

IndyBar: Meet Caren Chopp

Are you wondering why you should donate to the Indianapolis Bar Foundation? Meet Caren Chopp, and you will understand the importance of the IBF and the funding that it provides.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 July 28, 2016

Indiana Court of Appeals
Anthony J. Wampler v. State of Indiana

14A05-1510-CR-1606
Criminal. Affirms 33-year sentence for two counts of Class B felony burglary and Wampler’s status as a habitual offender. Acknowledges Wampler’s mental health problems, but he has not taken medication from 1995 until this case. Also finds sentence be appropriate given the long-term stalking Wampler has done of the victim and his criminal history. Judge Mathias dissents with opinion.More.
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