Last UpdatedFRI., JULY 31, 2015 - 1:10 PM

Money vital for criminal code reform programs and services

In a rural county ravaged by prescription pain pill addiction, the local sheriff has a vision for rehabilitation.More.

Cox to join Vanderburgh Circuit Court01:09 pm

Marilyn Odendahl
Vanderburgh County will officially install its new magistrate with a swearing-in and robing ceremony at 9:30 a.m. Aug. 3 in the Vanderburgh Circuit Court.More.

Victim’s statements were dying declaration, COA rules12:59 pm

Marilyn Odendahl
The Indiana Court of Appeals rejected the argument that the victim, who was shot multiple times and eventually did die, could not have made a dying declaration because paramedics repeatedly told him he would live.More.

Indiana clears Planned Parenthood of wrongdoing after videos12:52 pm

Indiana on Thursday cleared Planned Parenthood facilities that perform abortions in the state of any wrongdoing in the handling of fetal tissue.More.

In This Issue

July 29-August 11, 2015
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In a rural county ravaged by prescription pain pill addiction, the local sheriff has a vision for rehabilitation. A little-noticed bill signed into law May 5 provides new protections in the workplace for victims trying to untangle themselves from domestic violence situations. Judge John Tinder is retiring, but he expects to seek opportunities to assist parties with litigation consulting, compliance and arbitration.

Top Stories

Money vital for criminal code reform programs and services

In a rural county ravaged by prescription pain pill addiction, the local sheriff has a vision for rehabilitation.More.

Protecting jobs from protective orders

A little-noticed bill signed into law May 5 provides new protections in the workplace for victims trying to untangle themselves from domestic violence situations.More.

Tinder departs 7th Circuit

Judge John Tinder is retiring, but he expects to seek opportunities to assist parties with litigation consulting, compliance and arbitration.More.

Child identity theft poses unique problems

Identity theft is not a new problem, but studies show that it is intensifying, and that means more theft of children’s personal information. According to a survey by the Identity Theft Assistance Center, one in 40 households with a child under the age of 18 has experienced child identity theft.More.

Altice selected to succeed Friedlander on Court of Appeals

Marion Superior Judge Robert R. Altice Jr. was named to the Indiana Court of Appeals July 17 by Gov. Mike Pence.More.

Grassroots efforts brought alcohol and drug abuse out of shadows

A generation ago, lawyers with alcohol or drug addictions often had another problem: Seeking help might risk their professional livelihood.More.

Deaf courtroom spectator ends fight with settlement

A deaf Indiana man who was denied a sign-language interpreter in court has reached a $124,500 settlement with the state of Indiana.More.

Committee plans medical malpractice checkup

Whether Indiana should allow Hoosiers to recover more than $1.25 million in medical malpractice lawsuits is one of the key questions lawmakers will be exploring next month. Some lawyers who represent plaintiffs and defendants in such cases say it’s probably time the cap on damages was raised.More.

Lawyer who threatened rape fires back in discipline reply

A Fort Wayne lawyer who was charged after threatening to rape his opponent in a divorce case admits he was wrong to do that, but he says he shouldn’t be punished by the Indiana Supreme Court Disciplinary Commission because the threat wasn’t literal and he was protecting his client.More.


Attorneys applaud proposed changes to state’s child support guidelines

The passage and implementation of the federal Affordable Care Act is underlying a proposal to rid Indiana’s child support guidelines of a loophole and complicated health insurance worksheet.More.

COA clears way for broader use of postnuptial agreements

A February decision by the Indiana Court of Appeals makes postnuptial agreements a more attractive option for married couples who, considering divorce, decide instead to reconcile.More.

For better or worse, the Internet impacts relationships

In just a quarter of a century, the Internet has had a huge impact at the beginning and end of people’s relationships, challenging family law to keep up.More.


Making Rain: Website mistakes

A firm’s website has become the way your prospects, and probably current clients, evaluate and validate their choice to hire you to help them with their legal problems.More.

Fed Bar Update: Process is underway to fill vacancies on federal bench

Read about latest developments in the federal bar.More.

Tech Untangled: Personal cloud storage device provides subscription alternative

Retaining your important data exclusively on the hard drive of your computer is a recipe for disaster. To assist you, there are myriad subscription data backup services available today, such as Carbonite and iDrive.More.

Hammerle On…'Mr. Holmes', 'Testament of Youth'

Bob Hammerle writes that "Mr. Holmes" is a tiny film that will remind many of you why guys like him love the cinema.More.

In Brief

Indiana Tech Law School cuts price to attract students

Indiana Tech Law School is reportedly tearing up the bill for all its students.More.

Children’s commission turns attention to services for Indiana youths

The nearly 2-year-old Commission on Improving the Status of Children has released its annual report, detailing its activities during the 2014-2015 fiscal year.More.

Hamilton County e-filing begins next week

Most new civil cases in Hamilton Circuit and Superior courts may be e-filed for the first time beginning July 29, and state courts will continue to announce online the schedules for other counties to switch to e-filing.More.

Special Sections

Indiana Court Decisions: July 8 to 21, 2015

Read recent appellate decisions from Indiana courts.More.

On The Move

On the Move-7/29/25

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

Disciplinary Actions

Disciplinary Actions-7/29/15

Read who the Indiana Supreme Court has recently suspended.More.

Bar Associations

DTCI: Court interprets waiver of subrogation clause

A waiver of subrogation clause is a typical — but often overlooked — contract provision in design and construction contracts, especially for parties using standard form contracts, such as the American Institute of Architects (AIA) forms.More.

IndyBar: Go Green and Be Seen!

Going green is red hot across the nation - from recycling initiatives to political campaigns, it’s a topic that is constantly in the air.More.

IndyBar: Nominations for IndyBar Board Due August 13

The nomination period for the 2016 IndyBar Board of Directors is underway, and the Hon. Heather Welch of Marion Superior Court has been appointed to chair the effort.More.

Implicit Bias: We All Have It

Implicit biases are the fabric of who we are. They are the product of our upbringing, education, experiences, neighborhoods, television, social media and what we have consciously learned or unconsciously learned from our families and friends.More.

DTCI: Kudos

The Employment Law trial team at Lewis Wagner, led by partner Stephanie Cassman, secured a defense verdict last week in a federal race discrimination jury trial.More.

IndyBar: Free CLE Available at Pro Bono Training

The Neighborhood Christian Legal Clinic and the IndyBar have teamed up to offer a free training on August 15 to empower local attorneys to help children who desperately need legal assistance.More.

DTCI: Awards nominations invited

The Defense Trial Counsel’s Annual Meeting will be held November 19 - 20 at IU Memorial Union.More.

DTCI: Sign up now for 22nd annual conference and meeting

Join us on November 19 & 20 at the IU Memorial Hall for a jam-packed schedule.More.

IndyBar: Civility, Courtesy, Respect

We set out to find examples of lawyers who model the way while providing excellent representation.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


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.


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.


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.

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



Personal injury vehicle accident
Kristie Malnar v. Ruth Black



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


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Opinions July 31, 2015

Indiana Supreme Court
The following opinion was posted after IL deadline Thursday
In Re the Visitation of L-A.D.W., R.W. v. M.D. and W.D.
Domestic. Affirms trial court grant of grandparent visitation, finding visitation in the child’s best interests and that the trial court did not abuse its discretion in setting a schedule it deemed occasional and temporary. Justice Steven David wrote the majority opinion joined by Justices Brent Dickson and Mark Massa. Chief Justice Loretta Rush concurred, but wrote separately to caution that a reliance upon deference to the trial court insufficiently protects a parent’s constitutional right to guide a child’s upbringing, but in this case, the visitation order did not unduly infringe on father’s parental rights. Justice Robert Rucker joined Rush’s concurring opinion.More.
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