Last UpdatedFRI., FEBRUARY 27, 2015 - 3:10 PM
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Bill would let Indiana businesses battle patent trolls in state courts

A bill, authored by Bedford Republican Rep. Eric Koch, would prohibit a person from asserting a bad-faith claim of patent infringement and would enable the Indiana business accused of infringing to seek remedy in state court.More.

Wife wins appeal of division of marital estate

Jennifer Nelson
The Indiana Court of Appeals agreed with a wife in a divorce proceeding that the trial court erred in how it calculated and divided the marital estate. The lower court incorrectly attributed the value of Florida real estate to the wife’s share of the marital pot as well as failed to credit her for paying the parties’ tax debt.More.

Longtime NDLS professor remembered for academic prowess, concern for students

Notre Dame Law School professor Charles E. Rice died Wednesday following an illness. Rice had been a member of the faculty since 1969 and was a noted expert in the area of natural law.More.

Search of home of man in community corrections based on reasonable suspicion

Jennifer Nelson
A trial court acted within its discretion in admitting evidence seized from a man’s home, the Indiana Court of Appeals held Friday. The police search was justified by reasonable suspicion that the man engaged in criminal activity and a search condition contained in his agreement with community corrections.More.

In This Issue

FEB. 25-MARCH 10, 2015
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A legislative proposal introduced this session would allow Indiana businesses to battle patent trolls in state courts. The cost of a legal education has skyrocketed over the last decade, leading to the creation of an American Bar Association task force on the subject. A Merrillville attorney accused of theft from clients and a former associate – who was suspended by the Indiana Supreme Court recently – has yet to be criminally charged.

Top Stories

Bill would let Indiana businesses battle patent trolls in state courts

A bill, authored by Bedford Republican Rep. Eric Koch, would prohibit a person from asserting a bad-faith claim of patent infringement and would enable the Indiana business accused of infringing to seek remedy in state court.More.

Rare emergency suspension issued by Supreme Court

Merrillville attorney Robert E. Stochel spent a few nights in jail after a judge found him in contempt for his evasiveness, but so far he’s avoided criminal charges despite allegedly stealing hundreds of thousands of dollars from clients and a former associate.More.

IU McKinney Gitmo observers illuminate murky proceedings in Gitmo trials

The U.S. Military Commission Observation Project overseen by Indiana University Robert H. McKinney School of Law is continuing to send individuals to watch and report on the accused terrorists’ trials being held at Guantanamo Bay. Blog posts and articles from the observers chronicle the glacial pace of the proceedings, the unexpected courtroom twists and the nagging constitutional questions.More.

Court of Appeals finds no standing post-adoption, suggests legislative remedy

An Indiana appeals court empathized with a grandmother’s situation, but it ruled the law gave the court no choice but to strip her of visitation with her granddaughter, whose mother – the grandmother’s daughter – had died.More.

Amended complaint: Marion County inmates held days after release ordered

Released inmates in Indianapolis are subjected to a “standard operating procedure” of re-arrest and being held behind bars – sometimes for days – after being acquitted, freed by a judge or posting bond, alleges an amended federal complaint filed against the Marion County Sheriff’s Department.More.

Contingency fees still help to provide access to courts

Twenty-five years later, a plaintiff’s attorney says changes to statutes have impacted awards, but the system remains necessary.More.

Focus

Rising cost of legal education sparked creation of ABA task force

At public law schools, the average tuition and fees across the country for in-state residents skyrocketed 123 percent between 2003 and 2013. Private law schools were marginally better, logging an increase of 64 percent, according to a 2014 analysis by Robert Kuehn, professor at Washington University School of Law in St. Louis.More.

‘No relief’ for law school enrollment slump

After three down years for law school enrollment, Austen Parrish expected a rebound of applications and enrollment this year at Indiana University Maurer School of Law. But it isn’t happening.More.

Opinion

Hammerle On… 'Still Alice,' 'Fifty Shades of Grey'

Bob Hammerle says Julianne Moore's performance in "Still Alice" won an Oscar for a role you will never forget.More.

Start Page: Get more out of your iPhone using these 3 tips

It seems to me that more lawyers are using iPhones. Almost all the attorneys in my office use an iPhone, and I see iPhones at depositions, hearings and client meetings.More.

DTCI: Still learning after all these years in practice

The practice of law is still exciting and challenging for me, even as I approach my 34th year of practice.More.

In Brief

Federal judge stalls Obama's executive action on immigration

A federal judge in South Texas has temporarily blocked President Barack Obama's executive action on immigration, giving a coalition of 26 states time to pursue a lawsuit that aims to permanently stop the orders.More.

Attorney general sues county auditor accused of theft

Indiana Attorney General Greg Zoeller is suing former Owen County Auditor Angie M. Lawson to recover more than $380,000 in embezzled taxpayer funds. Lawson also faces criminal charges stemming from the same theft of public funds.More.

Lawyers to lead annual March Against Hunger

The Indiana State Bar Association and the office of Indiana Attorney General Greg Zoeller will join with Feeding Indiana’s Hungry on Wednesday to kick off a monthlong effort to raise money and nonperishable donations for the state’s regional food banks.More.

Medical malpractice bill killed in Senate

A proposal to allow clear medical malpractice claims to go directly to court rather than through medical review panels was defeated Monday in the Indiana Senate.More.

Southern District applauds work of attorney volunteers

The 61 Indiana attorneys who provided pro bono hours in the Southern District of Indiana last year were recognized Thursday for their efforts during the second annual Pro Bono Appreciation Breakfast.More.

Indiana same-sex couple files suit to get both names listed on birth certificate

A married lesbian couple filed a complaint in federal court charging Indiana is violating their constitutional rights by not listing both their names on their child’s birth certificate.More.

Special Sections

Uninsured motorist action

A submitted trial report on Barden v. State Farm Fire and Casualty Insurance Co.More.

Indiana Court Decisions - Feb. 4 to 17, 2015

Read recent appellate decisions from Indiana courts.More.

On The Move

On the Move - 2/25/15

Read who has recently joined an Indiana firm, been promoted or received an award.More.

Disciplinary Actions

Disciplinary Actions - 2/25/15

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

Bar Associations

Trimble: It’s Still The Right Thing To Do...Try It!

In 1979, when I joined the Indianapolis Bar Association as a law student, my mentor, Robert F. Wagner, told me that it was my duty as a lawyer to join the bar.More.

IndyBar: Give your career a lift with The Bar Boost Series

There are many things law school can teach you. For everything else, there’s The Bar Boost Series.More.

IndyBar: Five Ways to Strengthen Your iPad’s Security

Tablets have taken the legal world by storm. The question of whether a tablet can replace a lawyer’s PC is dependent upon the type of tablet involved, the technical proficiency of the attorney, the nature of their legal practice, and the back-office support available to them.More.

IndyBar: Measure to Alter Selection of Judges Fails in Committee

On Wednesday, Feb. 18, Indianapolis Bar Association President John C. Trimble spoke before the Indiana Senate Judiciary Committee in opposition to Senate Joint Resolution 15, a bill which would have altered the selection process for appellate and Supreme Court judges. The IndyBar is pleased to report the measure failed in committee by a 4-6 vote. More.

IBA Frontlines - 2/25/15

Read news from around the IndyBar!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.

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.

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.

'Out of the court's hands'

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

Personal injury vehicle accident
Kristie Malnar v. Ruth Black

More

 

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

More

 

Medical malpractice
Resa v. Greathouse-Williams, et al.
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 Feb. 27, 2015

Indiana Court of Appeals
Tyrone Shelton v. State of Indiana
71A03-1408-CR-309
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana, Class C felony possession of cocaine, and Class D felony possession of a Schedule I controlled substance. The anonymous tip exhibited sufficient indicia of reliability to create reasonable suspicion for the search in accordance with the Fourth Amendment.More.
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  1. My mother got temporary guardianship of my children in 2012. my husband and I got divorced 2015 the judge ordered me to have full custody of all my children. Does this mean the temporary guardianship is over? I'm confused because my divorce papers say I have custody and he gets visits and i get to claim the kids every year on my taxes. So just wondered since I have in black and white that I have custody if I can go get my kids from my moms and not go to jail?

  2. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  3. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  4. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  5. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.