Last UpdatedWED., OCTOBER 1, 2014 - 3:27 PM
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Little-known Indiana baseball roots rediscovered in lawyer’s exhibit

Baseball once was Indiana’s game, and attorney Scott Tarter has a major-league passion about preserving its rightful, if obscure, place in history.More.

Indiana AG proposes home contractor registry02:41 pm

Indiana residents looking to hire contractors for home repair or remodeling projects would be able to search a state registry that's among a package of legislative proposals Attorney General Greg Zoeller said Tuesday he's supporting in an effort to boost consumer protections.More.

U.S. judge blocks Obamacare tax rule for non-exchange states02:36 pm

An Oklahoma federal judge dealt a blow to President Barack Obama’s health care law, invalidating IRS rules aimed at making policies affordable for consumers around the country.More.

Judge tosses suit over IU student's disappearance02:33 pm

A federal judge has thrown out the lawsuit filed by the parents of an Indiana University student last seen more than three years ago against two men who were with her the night she vanished.More.

In This Issue

SEPT. 24-OCT. 7, 2014
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Indiana’s public intoxication statute, amended in 2012 to add four conduct elements, is on thin ice constitutionally for vague and subjective language. The Marion attorney who told a judge he "doesn't like socks" and won't wear them while in court has sparked a discussion by attorneys on court dress code. Attorneys says representation is imperative to due process for the child immigrants who have come to the U.S. recently.

Top Stories

Little-known Indiana baseball roots rediscovered in lawyer’s exhibit

Baseball once was Indiana’s game, and attorney Scott Tarter has a major-league passion about preserving its rightful, if obscure, place in history.More.

Mentally ill inmates straining jail and DOC resources

An interim legislative committee is examining the need for treatment options but is unsure if funding will be available.More.

Representation is imperative to due process for immigrants

The cases involving immigrant children coming to the U.S. from Central America are creating more need for pro bono legal representation and are highlighting an area of asylum law that the courts struggle to clearly define.More.

Bingham Greenebaum Doll celebrates influential century

Longtime lawyers say the firm's legacy positions it for more growth.More.

The traditional suit still rules when in court

The decision by one Indiana attorney to not wear socks in the courtroom has sparked a discussion among lawyers about professional dress codes.More.

Line blurs on intoxication

Convictions for public intoxication don’t just require being pickled in public anymore. An inebriated person now has to do something else, but conduct elements added to the criminal statute in 2012 have blurred what constitutes a misdemeanor.More.

Focus

Dealing with differing perceptions of reality

Mediators say parties don’t always see facts the same way, but a "truth rule" could harm the confidentiality of the process.More.

A place for community mediation

While the state hasn’t funded community mediation centers, a few providers offer limited services.More.

Opinion

DTCI: Deciphering the new Administrative Rule 9(G)

On Sept. 8, the Indiana Supreme Court issued an order amending the Administrative Rules, wherein it adopted most of the proposed changes and added some requirements to Rule 9(G). These amendments take effect Jan. 1, 2015.More.

Hammerle On … 'Get On Up,' 'The Drop'

Bob Hammerle says "The Drop" is worth seeing based on the performances of Tom Hardy and Noomi Rapace.More.

Bell: 3 things to know about reporting pro bono hours

Ready or not, Rule 6.7 of the Indiana Rules of Professional Conduct will hit the books Jan. 1, 2015. This rule will require an attorney to report his or her pro bono hours at the time of annual registration.More.

In Brief

Supreme Court posts annual report

The Indiana Supreme Court has posted its annual report, providing details of the 995 cases it reviewed in the fiscal year ending June 30 and elaborating on plans to roll out electronic filing in trial courts statewide.More.

DCS struggles to keep accurate caseload tally

Indiana has hired more case workers to keep track of its most vulnerable residents, but complaints about overwork continue to surface as the state battles turnover and questions the accuracy of data on caseloads.More.

7th Circuit stays same-sex marriage decisions

The 7th Circuit Court of Appeals has granted the motion for a stay of mandate filed by the defendants in Indiana’s same-sex marriage lawsuits.More.

DCS settles adoption subsidy lawsuit

Families who sued the Department of Child Services will receive $15.1 million in state foster child adoption subsidies withheld from 2009 to 2014, DCS announced Thursday.More.

Special Sections

Indiana Court Decisions - Sept. 3 to 16, 2014

Read recent appellate decisions from Indiana courts.More.

Spotlight: North/Central Indiana

A round up of news from northern and central Indiana, including a mayor's attempt to stay his contempt order.More.

On The Move

On the Move - 9/24/14

Read about who's recently joined Indiana firms, been appointed as an officer or started a new firm.More.

Disciplinary Actions

Disciplinary Actions - 9/24/14

Read who's received a public reprimand and who has been suspended by the Indiana Supreme Court.More.

Bar Associations

Abrams: The IndyBar – More Than Just A Pretty Name

Nearly one year ago, at our board retreat, we asked all of the board members to write down as many programs, projects and services that the IndyBar provided. Admittedly, many of us, yours truly included, were only able to name from some to substantially less than all of the amazing good deeds in which we participate.More.

IndyBar: Changes In Marion County Courts And Other Observations

Judge Tim Oakes discusses the changes coming to Marion County court assignments.More.

IndyBar: Proposal for Citation of Memorandum Decisions Unanimously Rejected

Recently, the Indiana Supreme Court unanimously voted to reject the recommendation of three Indianapolis Bar Association sections to allow citations of memorandum decisions.More.

IndyBar: Nominations Now Open for Recognition Awards

This fall, IndyBar members will be honored for their contributions to our legal community. The Indianapolis legal community is fortunate to be home to many talented, dedicated professionals, and we need your help in identifying our colleagues who went above and beyond in 2014.More.

IndyBar Interrogatories - Jack Kenney

Candid Q&A with the Bench and Bar.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.

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.

State slow to achieve juvenile justice reforms

Local successes exist; systematic changes lag.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.

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.

'Out of the court's hands'

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

Detaining questions

Funding of youth detention, alternatives draws concern.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

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 Oct. 1, 2014

Indiana Supreme Court
Robert Corbin v. State of Indiana
75S03-1401-CR-13
Criminal. Affirms trial court denial of a motion to dismiss a charge of attempted child seduction and remands for further proceedings. Whether Corbin’s Facebook communications propositioning a 16-year-old student for sex constituted the required substantial step toward the crime is a question not ripe for dismissal on interlocutory appeal. Justices found the charges match the statutory elements sufficient to survive a motion to dismiss at this time.More.
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  1. I don't agree that this is an extreme case. There are more of these people than you realize - people that are vindictive and/or with psychological issues have clogged the system with baseless suits that are costly to the defendant and to taxpayers. Restricting repeat offenders from further abusing the system is not akin to restricting their freedon, but to protecting their victims, and the court system, from allowing them unfettered access. From the Supreme Court opinion "he has burdened the opposing party and the courts of this state at every level with massive, confusing, disorganized, defective, repetitive, and often meritless filings."

  2. So, if you cry wolf one too many times courts may "restrict" your ability to pursue legal action? Also, why is document production equated with wealth? Anyone can "produce probably tens of thousands of pages of filings" if they have a public library card. I understand this is an extreme case, but our Supreme Court really got this one wrong.

  3. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  4. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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