Last UpdatedTUE., SEPTEMBER 16, 2014 - 3:18 PM
workingman

Law firms find rewards in staging events just for kicks

Sometimes lawyers just want to have fun. For numerous firms large and small, it’s good practice to stake out events that offer an opportunity to socialize, cut loose and have a good time.More.

County sheriffs tell dire stories of mentally ill held in local jails02:10 pm

Jennifer Nelson
From different communities in different parts of Indiana, two county sheriffs told lawmakers very similar stories about the mentally ill individuals who end up in their jails.More.

COA denies State Farm’s request for new trial on $14.5M defamation verdict01:53 pm

Jennifer Nelson
The $14.5 million defamation verdict awarded against State Farm Fire & Casualty Co. in favor of a contractor who accused the insurer of defaming him remains in place after the Indiana Court of Appeals rejected the company’s claim that fraud requires a new trial.More.

State’s inaction does not allow man to appeal sentence11:41 am

Jennifer Nelson
The Indiana Court of Appeals rejected a defendant’s claim that he should be given an opportunity to appeal his sentence, an option he waived by entering into a plea agreement, even though the trial court erroneously indicated he had a right to appeal and the state did not object to that advisement.More.

In This Issue

SEPT. 10-23, 2014
thisissue1-091014.jpg il091014cover

Paul Overhauser’s clients are often on the cutting edge of Internet technology, so he decided that in addition to dollars, he’ll take digital dough. The intellectual property attorney has been accepting Bitcoin for several months. A key legislator in the Indiana General Assembly thinks Marion County small claims reform will face hurdles in the Legislature. Lawyers say that communication is key to long-term preservation of large estates. You don't want to fall victim to the "three generations rule" - that your fortune will only last three generations.

Top Stories

IP lawyer among first to accept Bitcoin for services

Intellectual property attorney Paul Overhauser’s clients are often on the cutting edge of Internet technology, so he decided that in addition to dollars, he’ll take digital dough.More.

7th Circuit: Marriage law is unconstitutional

Indiana’s assertion that preventing same-sex marriage encourages responsible procreation among heterosexuals was unequivocally rejected Sept. 4 in a blistering opinion from the 7th Circuit Court of Appeals, which said the state’s argument could not be taken seriously.More.

Economic harm is key part of gay marriage argument

When the 7th Circuit Court of Appeals on Sept. 4 affirmed Indiana’s marriage law was unconstitutional, Judge Richard Posner’s opinion gave special nod to the economic harm married same-sex couples suffer by not receiving the tangible state and federal benefits that are extended to married opposite-sex couples.More.

Marion County small claims reform faces hurdles in Legislature

The Indiana Supreme Court’s recommendation to merge Marion County’s nine township small claims courts with Marion Superior Court may be too bold for the Indiana General Assembly, a key senator said.More.

Law firms find rewards in staging events just for kicks

Sometimes lawyers just want to have fun. For numerous firms large and small, it’s good practice to stake out events that offer an opportunity to socialize, cut loose and have a good time.More.

Legal aid benefits from settlement

A financial boost for legal aid is expected to come from one of the banks that contributed to the 2008 economic collapse. The money will bring much-needed funding to the state’s pro bono districts which have been crippled by dwindling revenues and growing client lists. While the money will help, some say it should have come sooner.More.

New program gives attorneys an 'Intro to Indy'

The Indianapolis Bar Association's "Intro to Indy" program will introduce attorneys to nonprofit agencies and give them leads on becoming more engaged in the community.More.

Focus

Lawyers say communication is key to long-term preservation of large estates

A fortunate few wealthy families are able to preserve their estates for more than a couple of generations, but attorneys say communication can improve the odds that a grantor’s grandchildren will have something left to pass on.More.

Alerding/Latterell: A 2014 view of portability

Gift and estate tax planning has gotten easier for married couples thanks in part to a relatively new concept: porting of the federal gift and estate tax exemption to a surviving spouse.More.

Thomas: When drafting a will, be as specific as possible

To ensure that your client’s property will go to the beneficiaries of his or her choosing, as opposed to the beneficiaries that the state chooses, it is imperative that the last will and testament be very specific and provide for as many contingencies as possible.More.

Opinion

Dean's Desk: Distance learning comes of age at NDLS

Thanks to distance-learning technology, professors as well as students have much more flexibility than previous generations did. Today a professor might teach in Chicago one week and in South Bend the next.More.

Hammerle On… 'Land Ho!' 'Sin City: A Dame to Kill For,' 'The Trip to Italy'

Bob Hammerle says the stars of "The Trip to Italy" have no shame when they get together.More.

Start Page: Microsoft Outlook distribution lists reduce email frustration

Have you ever used the “reply all” option on an email that has multiple recipients, only to get a return email notifying you that one (or more) of the email addresses was typed incorrectly by the original sender? Or, do you frequently email the same group of people by typing one email address at a time, only to realize that you forgot to include someone (usually right after you hit send)? The solution? Use distribution lists in Microsoft Outlook.More.

Quick: Use the tools available to market today’s law firms

Lawyers are trying new and different ways to advertise with more focus on websites and digital media. But even today, problems remain.More.

Sidebars: Noblesville eatery’s Buffalo chicken sandwich is tasty surprise

We give Copper Still Kitchen & Bar 3 gavels!More.

In Brief

Judge rules for defendants in Indy skyline photo copyright suit

A retired attorney and photographer who has filed numerous infringement lawsuits over the use of his copyrighted photo of the Indianapolis skyline lost a contested case. The ruling judge also said the purported value of the photo is questionable.More.

Justices hear constitutional challenge to right-to-work law

Indiana’s right-to-work statute is clearly anti-union, one state Supreme Court justice said Thursday, but all five justices seemed dubious of arguments that it violated the state constitution.More.

Special Sections

Indiana Court Decisions - Aug. 20 to Sept. 2, 2014

Read recent Indiana appellate decisions.More.

On The Move

On the Move - 9/10/14

Read who's recently joined Indiana firms or been elected to a board.More.

Disciplinary Actions

Disciplinary Actions - 9/10/14

Read who's recently been suspended or resigned from the Indiana bar.More.

Bar Associations

DTCI: The Affordable Care Act and medical malpractice claims

How will the law affect medical malpractice claims in Indiana?More.

DTCI: Award nominations invited

The Defense Trial Counsel’s Annual Meeting will be held Nov. 20 - 21 at French Lick Resort. One of the highlights of the meeting is the presentation of the Defense Lawyer of the Year, the Diplomat of the Indiana Defense Trial Counsel, and the Outstanding Young Lawyer awards.More.

IndyBar: Getting Along Is Not Wrong: Law and the Golden Rule

How often have you filed an emergency Motion for Continuance only to have an opposing counsel file an “Objection for the Record?” Frankly, I am amazed at how often attorneys file these coded objections to let the court know that while the attorney has no real objection, he or she is filing it only on behalf of the client.More.

IndyBar: Ricafort to Lead Indianapolis Bar Association in 2017

The Indianapolis Bar Association’s Nominating Committee has announced the selection of Nissa M. Ricafort of Broyles Kight & Ricafort PC as the 2017 President of the Indianapolis Bar Association. Ricafort will serve as the association’s First Vice President on the 2015 Board of Directors and as President Elect in 2016.More.

Duncan: The Impact of One for the Indianapolis Bar Foundation

very IndyBar member can make a tangible impact by donating to the IBF. Please commit to being a part of our Impact of One campaign, and donate your one billable hour.More.

IndyBar Frontlines - 9/10/14

News from around the IndyBar.More.

IndyBar: Evening Under the Stars Through the Years

People return year after year for Evening Under the Stars, the Indianapolis Bar Foundation (IBF)’s hallmark fundraising effort. The event, which takes place this year on Oct. 10, consists of an elegant dinner, silent and live auctions and, of course, a treasure trove of memories for those who attend.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.

Teaming up for change

National, local experts meet in Indiana to discuss juvenile justice.More.

Aiming for exoneration

Inmate awaits court hearingMore.

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.
childreninneed-2col.jpg chin logo

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.

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.

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.

Motorcycle Accident
Garrett Minniear v. Chase King d/b/a King Masonry LLC

More

 

Medical malpractice
Resa v. Greathouse-Williams, et al.

More

 

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

 

More Trial Reports

Blogs

No socks, big problem for 1 attorney

The order from Blackford Circuit Judge Dean Young has made headlines this week, requesting that Marion attorney Todd A. Glickfield put on some socks before heading to court.More.
 


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Opinions Sept. 16, 2014

Indiana Court of Appeals
Willie Jenkins v. Mary Jenkins
49A02-1403-DR-132
Domestic relation. Reverses grant of Mary Jenkins’ motion to vacate a contempt hearing. It was not in the interests of justice for the trial court to ignore its rule of allowing 15 days to respond and granting her motion prior to allowing Willie Jenkins time for response. Remands for further proceedings.More.
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  1. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  3. Don't believe me, listen to Pacino: https://www.youtube.com/watch?v=z6bC9w9cH-M

  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

  5. Attorney? Really? Or is it former attorney? Status with the Ind St Ct? Status with federal court, with SCOTUS? This is a legal newspaper, or should I look elsewhere?