Last UpdatedTHU., AUGUST 21, 2014 - 2:48 PM
smartphone

Companies need to draft 'bring your own device' policies

While the convenience of handheld, portable computers enables employees to peruse email, communicate with clients and review documents without being tied to the office, the “bring your own device,” or BYOD, trend is creating tensions between how much access an employer can have to the worker-owned device and how much privacy an employee can expect.More.

Judge apologizes for remarks some found offensive

A northeastern Indiana judge is apologizing for saying during a retirement reception that one of the women could have a lucrative second career as a phone-sex operator.More.

COA affirms man’s speedy trial request not violated

Jennifer Nelson
The Indiana Court of Appeals Thursday affirmed the 25-year sentence handed down to a man whose erratic driving led police to pull his vehicle over and discover cocaine on the passenger. The judges found his right to a fast and speedy trial was not violated and the evidence supports that he jointly possessed the cocaine.More.

Northern District bankruptcy judge seeks reappointment

The Judicial Council of the 7th Circuit is inviting the public and members of the bar to comment as to whether U.S. Bankruptcy Chief Judge Robert E. Grant of the Northern District of Indiana should be reappointed to a new 14-year term.More.

In This Issue

AUG. 13-26, 2014
thisissue1-081314.jpg 081314

Indiana Justice Loretta Rush will be the state’s first female chief justice. Her selection was praised by the governor, attorney general and many others, including friends and former colleagues in her hometown of Lafayette, who say her personality and professionalism make her a natural choice for the position. With the increase in popularity of smartphones and tablets,  more people are choosing to use their own devices at work. But attorneys caution that companies need to craft "bring your own device" policies. Lewis Wagner LLP partner Dina Cox explains some of the common mistakes young lawyers make and how they can be avoided.

Top Stories

Companies need to draft 'bring your own device' policies

While the convenience of handheld, portable computers enables employees to peruse email, communicate with clients and review documents without being tied to the office, the “bring your own device,” or BYOD, trend is creating tensions between how much access an employer can have to the worker-owned device and how much privacy an employee can expect.More.

Loretta Rush wins praise, makes history as new chief justice

Loretta Rush had dinner with friends awhile back in her hometown of Lafayette, but the upcoming chief justice selection didn’t come up. Robert Reiling recalls a nice time talking about family.  “I’m sure in Indianapolis she’s Chief Justice Rush,” Reiling said. “In Lafayette, she’s Loretta to everyone.”More.

Federal judge, managing partner keep jazz on the radio in northwest Indiana

Each week longtime friends Bill Satterlee, managing partner at Hoeppner Wagner & Evans LLP in Valparaiso, and Kent Lindquist, senior judge for the Bankruptcy Court in the U.S. District Court for the Northern District of Indiana, share their mutual love of jazz by recording a two-hour show that airs Sunday nights on the local public radio station.

More.

Focus

Workplace threat injunction deemed invalid

An employee’s reported threat to blow his boss’s head off resulted in an injunction barring him from the workplace, but the Indiana Court of Appeals reversed recently in a case that highlighted conflicting statutes aimed at preventing violence on the job.More.

Second court knocks out Indiana's labor law on constitutional grounds

Two years after Indiana’s right-to-work law fought its way out of the Statehouse, the measure has suffered another knockout blow in a state court. Plaintiffs have successfully convinced two courts that the Indiana Constitution has given the controversial statute a glass jaw.More.

Column: ENDA would protect sexual orientation, gender identity

With same-sex marriage gaining momentum in Indiana and across the nation, it is no surprise that protection from discrimination in the workplace based on sexual orientation and gender identity is most likely on the horizon.More.

Gruber: NLRB announcement shakes up joint-employer standard

It is ironic that the week after Burger King’s new CEO is heralded for a profitability plan designed around the increase of franchises and the reduction of company-owned locations, the general counsel of the National Labor Relations Board directed officials to treat McDonald’s USA as a “joint employer” with its franchisees for purposes of the National Labor Relations Act.More.

Opinion

Cox: Common mistakes of young lawyers

The practice of law takes practice. Experience is required to hone the skills necessary to be an effective advocate and to keep existing clients satisfied as well as attract new clients. There are, however, some common mistakes made by young lawyers that, with forethought and planning, can be avoided. Work to avoid these bad habits and your learning curve will be significantly shorter.More.

Hammerle On … 'Wish I Was Here,' 'Life Itself'

Bob Hammerle says "Wish I Was Here" is one of those overlooked films that answers the question, "Is there anything worth a damn playing in the theater?"More.

Remembering former Indiana Justice Dixon W. Prentice

A former law clerk of Justice Dixon Prentice reflects on his time working with the justice.More.

Book review: Divorce case allows glimpse into amusing law firm matters

It begins with a ten year old’s Happy New Year greeting to her grandpa, including the sentence, “Mommy and Daddy are cranky.” It ends with a brief reminder on a lawyer’s personal legal stationary. In between these handwritten notes, “The Divorce Papers” tells a story about a divorce through legal documents, emails, court filings, news articles, a psychiatric report, statutes, judicial opinions, billable hour reports, invitations, and, of course, offers and counter-offers.More.

Stohler: When a room full of strangers freaks you out

As most good rainmakers know, it is all about networking, and sometimes this means talking to people who are total strangers. It can be daunting to attend an event that your firm is sponsoring or a conference that your target market attends and be expected to “go out there and make new friends.”More.

In Brief

Plea deal rejected for ex-Indiana county auditor

Lawyers are reworking an agreement under which a former county auditor in southern Indiana was expected to plead guilty to criminal charges of wrongly paying personal expenses with county-issued credit cards.More.

Ex-US Attorney Hogsett eyes Indy mayoral run

Former U.S. Attorney Joe Hogsett says he's considering a 2015 run for mayor of Indianapolis.More.

McDermott to seek another term as Hammond mayor

Attorney and Hammond Mayor Thomas McDermott Jr. says he'll seek re-election to that post but still is considering a run for governor in 2016.More.

State courts open bidding for e-filing manager

The Indiana Division of State Court Administration is soliciting competitive bids for a statewide electronic filing manager to assist with the coming requirement for electronic filing in trial courts.More.

Public asked to comment on magistrate’s reappointment

The United States District Court for the Southern District of Indiana is accepting comments on whether Magistrate Judge Craig M. McKee should be recommended for reappointment.More.

Change to public employee annuities spurs exodus in Porter County

A northwestern Indiana judge will lose a combined 67 years of experience this month when all three of his employees retire.More.

IU Maurer IP clinic joins select U.S. Patent Office pilot program

The intellectual property clinical program, established earlier this year at the Indiana University Maurer School of Law, has been certified for pro bono practice before the U.S. Patent Office.More.

Supreme Court denies blogger’s petition for rehearing

The Indiana Supreme Court will not reconsider its decision affirming Daniel Brewington’s intimidation convictions, which arose from inflammatory posts on a blog that threatened a judge.More.

Special Sections

Indiana Court Decisions - July 23 to Aug. 5, 2104

Read recent Indiana opinions from appellate courts.More.

On The Move

On the Move - 8/13/14

Read who's recently joined Indiana firms, been appointed to committees or received an award.More.

Disciplinary Actions

Disciplinary Actions - 8/13/14

Read who recently resigned from the Indiana bar.More.

Bar Associations

DTCI: The sleeping giant - Indiana’s Deceptive Consumer Sales Act

Indiana’s Deceptive Consumer Sales Act, I.C. 24-5-0.5 et seq., is a fairly complicated statute clothed in relative obscurity. The DCSA’s complexity is due partly to the way it is written, its scope, and the numerous cross-references to other conduct and statutes that fall within its purview. This article will introduce the statute, discuss its uses, implications, and its application to various types of transactions.More.

DTCI: Paralegal summer social

The DTCI Paralegal Section Summer Social was held July 17 at The Slippery Noodle Inn in Indianapolis. Twenty current and prospective members of the section attended to hear DTCI director Kevin Tyra speak – and to take advantage of the complimentary refreshments offered by the event sponsor, Connor Reporting.More.

DTCI: North Central Region Trial Academy

Need to enhance your skills as a litigator? Searching for a good trial advocacy seminar? If so, be sure to register today for the 2014 North Central Region Trial Academy! The academy is the only in-depth trial tactics seminar in Illinois, Indiana and Wisconsin designed by defense attorneys for defense attorneys.More.

Abrams: Sections, Committees and Divisions, Oh My!

Each quarter, I have the opportunity to listen to the chairs of all the Indianapolis Bar Association’s sections, committees and divisions describe accomplishments they have achieved during the past quarter as well as forecast great things to come throughout the balance of the year. There is some amazing work done by these groups – not all of which is known to our members.More.

IndyBar: Indiana Appellate Institute Moots Eight Cases, Raises Thousands for Scholarships

The Indiana Appellate Institute was created by the IndyBar Appellate Practice Section in 2010 as a resource for lawyers throughout the state who have oral arguments scheduled before the Indiana Supreme Court or Indiana Court of Appeals.More.

IndyBar: Road Mapping with 2015 IndyBar President John C. Trimble

The nominations for IndyBar’s 2015 Board of Directors are now open, and it’s up to you to help determine the future of your local bar association! We talked to next year’s president, John C. Trimble of Lewis Wagner LLP, to get a roadmap of what board members can expect from board participation in 2015.More.

IndyBar Names Dickson and Kappes Recipients of 2014 Professionalism Awards

The IndyBar Professionalism Committee has named Chief Justice Brent Dickson of the Indiana Supreme Court the 2014 recipient of the Silver Gavel Award, while Philip “Skip” Kappes of Lewis & Kappes has been awarded the bar’s Professionalism Award.More.

IndyBar to Host Criminal Justice Complex Forum

IndyBar members are invited to attend an upcoming open forum on plans for the city’s proposed consolidated criminal justice complex. The forum will take place Monday, Aug. 18 from 4 to 5 p.m. in the IndyBar Education Center. It is offered to IndyBar members at no charge. Pre-registration is not required.More.

IndyBar: Pro Bono in the Fast Lane!

In the mood for meaningful pro bono service without the long-term commitment? Check out two one-day-only pro bono opportunities coming up soon with the IndyBar!More.

IndyBar: Fellows Demonstrate Community Commitment at Service Events

The Indianapolis Bar Foundation (IBF), the charitable arm of the Indianapolis Bar Association, chooses a new class of Distinguished Fellows each year. Fellows commit to contributing financially to the IBF, but there is also a service component that helps the Fellows give back to the community in a non-legal way.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.

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.

System delivers injustice

Exonerated face new, old legal hurdles after release.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.
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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.

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.

After exoneration

Wrongfully convicted Hoosier settles federal suit for $4.5 million.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

Was work/life balance question sexist?

Indiana Justice Loretta Rush was asked during her interview about maintaining a work/life balance. But none of the men were asked about that issue at their subsequent interviews.More.
 


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Opinions Aug. 21, 2014

Indiana Court of Appeals
James S. Littrell v. State of Indiana
79A02-1401-CR-24
Criminal.  Affirms conviction of Class B felony possession of cocaine. Finds Littrell’s right to a fast and speedy trial was not violated, the evidence is sufficient to support his conviction, and his sentence is appropriate. Remands for the sole purpose of correcting a typographical error in the guilty plea and sentencing orders.More.
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  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.