Last UpdatedWED., JANUARY 18, 2017 - 4:22 PM
Rush Rucker

Rush touts pro bono, partnerships in State of Judiciary

More than 7,000 Indiana attorneys donated more than 220,000 hours of pro bono service to Hoosiers in need last year, numbers Indiana Supreme Court Chief Justice Loretta Rush said reflect the state judiciary’s commitment to a collaborative approach to the practice of law.More.

COA rejects woman’s claim that accident occurred outside chemical test period

A woman who drove drunk into a mobile home causing significant damage lost her appeal Wednesday after arguing the state’s blood draw occurred outside the three-hour window under statute and thus did not prove her blood alcohol level at the time of the accident.More.

Attorney General Hill names executive staff

Indiana Attorney General Curtis Hill has announced key appointments to fill out his executive staff as he becomes the state’s top lawyer.More.

Judges affirm man’s handgun conviction

Jennifer Nelson
A Vanderburgh Circuit judge tendered a proper jury instruction on the charge of carrying a handgun without a license, the Indiana Court of Appeals held Wednesday in affirming a man’s conviction.More.

In This Issue

JAN. 11-24, 2017
thisissue1-011117.jpg Indiana Lawyer 011117

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.

State slow to achieve juvenile justice reforms

Local successes exist; systematic changes lag.More.

'Out of the court's hands'

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

Detaining questions

Funding of youth detention, alternatives draws concern.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. 18, 2017

Indiana Court of Appeals
Elberta N. Jackson v. State of Indiana
27A02-1607-CR-1717
Criminal. Affirms Elberta N. Jackson’s conviction for operating a vehicle with an alcohol concentration equivalent to at least 0.15 as a Class A misdemeanor, resisting law enforcement as a Class A misdemeanor, and disorderly conduct as a Class B misdemeanor. Finds that there is sufficient evidence to support Jackson’s conviction and that her due process rights were not violated.
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  1. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

  2. Brian W, I fear I have not been sufficiently entertaining to bring you back. Here is a real laugh track that just might do it. When one is grabbed by the scruff of his worldview and made to choose between his Confession and his profession ... it is a not a hard choice, given the Confession affects eternity. But then comes the hardship in this world. Imagine how often I hear taunts like yours ... "what, you could not even pass character and fitness after they let you sit and pass their bar exam ... dude, there must really be something wrong with you!" Even one of the Bishop's foremost courtiers said that, when explaining why the RCC refused to stand with me. You want entertaining? How about watching your personal economy crash while you have a wife and five kids to clothe and feed. And you can't because you cannot work, because those demanding you cast off your Confession to be allowed into "their" profession have all the control. And you know that they are wrong, dead wrong, and that even the professional code itself allows your Faithful stand, to wit: "A lawyer may refuse to comply with an obligation imposed by law upon a good faith belief that no valid obligation exists. The provisions of Rule 1.2(d) concerning a good faith challenge to the validity, scope, meaning or application of the law apply to challenges of legal regulation of the practice of law." YET YOU ARE A NONPERSON before the BLE, and will not be heard on your rights or their duties to the law -- you are under tyranny, not law. And so they win in this world, you lose, and you lose even your belief in the rule of law, and demoralization joins poverty, and very troubling thoughts impeaching self worth rush in to fill the void where your career once lived. Thoughts you did not think possible. You find yourself a failure ... in your profession, in your support of your family, in the mirror. And there is little to keep hope alive, because tyranny rules so firmly and none, not the church, not the NGO's, none truly give a damn. Not even a new court, who pay such lip service to justice and ancient role models. You want entertainment? Well if you are on the side of the courtiers running the system that has crushed me, as I suspect you are, then Orwell must be a real riot: "There will be no curiosity, no enjoyment of the process of life. All competing pleasures will be destroyed. But always — do not forget this, Winston — always there will be the intoxication of power, constantly increasing and constantly growing subtler. Always, at every moment, there will be the thrill of victory, the sensation of trampling on an enemy who is helpless. If you want a picture of the future, imagine a boot stamping on a human face — forever." I never thought they would win, I always thought that at the end of the day the rule of law would prevail. Yes, the rule of man's law. Instead power prevailed, so many rules broken by the system to break me. It took years, but, finally, the end that Dr Bowman predicted is upon me, the end that she advised the BLE to take to break me. Ironically, that is the one thing in her far left of center report that the BLE (after stamping, in red ink, on Jan 22) is uninterested in, as that the BLE and ADA office that used the federal statute as a sword now refuses to even dialogue on her dire prediction as to my fate. "C'est la vie" Entertaining enough for you, status quo defender?

  3. Low energy. Next!

  4. Had William Pryor made such provocative statements as a candidate for the Indiana bar he could have been blackballed as I have documented elsewhere on this ezine. That would have solved this huuuge problem for the Left and abortion industry the good old boy (and even girl) Indiana way. Note that Diane Sykes could have made a huuge difference, but she chose to look away like most all jurists who should certainly recognize a blatantly unconstitutional system when filed on their docket. See footnotes 1 & 2 here: http://caselaw.findlaw.com/us-7th-circuit/1592921.html Sykes and Kanne could have applied a well established exception to Rooker Feldman, but instead seemingly decided that was not available to conservative whistleblowers, it would seem. Just a loss and two nice footnotes to numb the pain. A few short years later Sykes ruled the very opposite on the RF question, just as she had ruled the very opposite on RF a few short years before. Indy and the abortion industry wanted me on the ground ... they got it. Thank God Alabama is not so corrupted! MAGA!!!

  5. OK, take notice. Those wondering just how corrupt the Indiana system is can see the picture in this post. Attorney Donald James did not criticize any judges, he merely, it would seem, caused some clients to file against him and then ignored his own defense. James thus disrespected the system via ignoring all and was also ordered to reimburse the commission $525.88 for the costs of prosecuting the first case against him. Yes, nearly $526 for all the costs, the state having proved it all. Ouch, right? Now consider whistleblower and constitutionalist and citizen journalist Paul Ogden who criticized a judge, defended himself in such a professional fashion as to have half the case against him thrown out by the ISC and was then handed a career ending $10,000 bill as "half the costs" of the state crucifying him. http://www.theindianalawyer.com/ogden-quitting-law-citing-high-disciplinary-fine/PARAMS/article/35323 THE TAKEAWAY MESSAGE for any who have ears to hear ... resist Star Chamber and pay with your career ... welcome to the Indiana system of (cough) justice.