Last UpdatedFRI., MAY 17, 2013 - 2:52 PM

Social media sleuths find evidence, but admissibility requires authentication

What happens on Facebook stays on Facebook – forever – and attorneys conceivably run into risk if they fail to investigate pertinent posts, a judge suggested during a presentation about social media evidence.More.

Judges restate: no guns in City-County Building

Dave Stafford

A 2007 order banning guns and weapons from the Indianapolis City-County Building that houses most of Marion County’s Circuit and Superior courts remains in force despite questions raised after the Indiana Legislature widely voided local gun regulations.More.

Class A felony sentences not inappropriate under Appellate Rule 7(B)

Marilyn Odendahl

Two convicted child molesters will spend more time incarcerated after the Indiana Supreme Court ruled their sentences were not inappropriate under Appellate Rule 7(B).More.

Justices block Schiralli’s Lake County bench transfer

Dave Stafford

The Indiana Supreme Court blocked the transfer of a judge who sought to replace former Lake Superior Juvenile Court Judge Mary Beth Bonaventura after her appointment to head the Department of Child Services.More.

Bailiff’s communication with juror leads to reversal of convictions

COA: Man knowingly pleaded guilty to fraud charge

Indianapolis law firm Stewart & Irwin closing

COA rules for first time on retroactivity of Mineral Lapse Act

US Chief Justice Roberts to speak at LaPorte alma mater

Court reform grant applications due July 1

Justices rule in favor of Vincennes Girl Scouts in dispute over camp

Convenience stores sue to be able to sell cold beer

Justices: Punitive damages cap, allocation do not violate Indiana Constitution

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Latest News
This Issue
In Depth
Trial Reports

In This Issue

MAY 8-21, 2013

thisissue1-050813.jpg thisissue1-050813.jpg

The Marion County Clerk's Office recently experienced a "throwback" week in which staff had to hand stamp paper files. Blame technology. New lawyers are finding that the bloom is still not on the hiring rose. Social media sleuths can find things online that people thought were deleted - that may come back to haunt them in court.

New lawyers find bloom still not on hiring rose

With headlines still screaming about the glut of lawyers and recent law school graduates struggling to find jobs that will enable them to repay their student loans, Andrea Kochert admits she is probably not the typical law school student.More.

Marion County’s Odyssey transition: a tech-free week

The clerk’s office in Indianapolis’ City-County Building is in the middle of a throwback week, revisiting a simpler time when a hand stamp on paper was all you needed to file court documents. Blame technology.More.

Close calls, complex cases highlight need for attorney surrogates

The attorney surrogate rule protects clients when lawyers are suddenly unavailable due to death, disability, disbarment or disappearance.More.

Finding a new course for legal education

ABA task force meets at Indiana University Robert H. McKinney School of Law to solicit ideas for potential changes to how law schools prepare students.More.

Rockport on the rocks

The Indiana Legislature leaves the fate of a derided coal gasification plant proposal to justices.More.

Legal News

On the road, jurists give public access to appellate cases

It’s no accident that on a college campus in Richmond recently, the Indiana Supreme Court heard a case that involves allegations of hazing and potential liability for an incident at a Wabash College fraternity.More.

Focus

Focus, Legal News

Taking them at their word

The work of interpreters is exhausting, but vital to protecting individual rights.More.

Focus, Legal News

Social media sleuths find evidence, but admissibility requires authentication

Opinion

Technology Untangled: Display your iPad on the big screen at trial

The iPad is a convenient and useful personal device for many daily work (and play) activities. However, when it comes time to show what is on your 9.7-inch screen and share it with others, the iPad can use a little help.More.

Hammerle on ... ‘Mud,’ ‘No’

It wasn’t that long ago that I would have given Matthew McConaughey the same chance of receiving an Oscar nomination as the Supreme Leader of North Korea receiving a Nobel Peace Prize. Times haven’t changed on the Korean Peninsula, but they certainly have in Hollywood.More.

Federal Bar Update: Supreme Court takes rare steps on procedural decisions

With its limited docket, the U.S. Supreme Court rarely decides procedural issues, focusing instead on weighty constitutional issues or resolving split interpretations of federal statutes. This term, however, the Supreme Court has addressed several procedural issues.More.

Indiana Judges Association: Judges need to take control of cultural standing

Have you ever Googled “lawyer dog”? If you do, be prepared to see a limitless line of websites all featuring identical photos of the same canine seated behind his desk, along with various one-liners related to the law, dogs and just silliness.More.

Dean's Desk: Legal education is navigating turbulent waters

On April 24, the McKinney School was privileged to host a plenary session of the American Bar Association Task Force that Randy Shepard is chairing on the future of legal education. It was an eye-opening, interesting and, at the same time, unsettling day.More.

In Brief

Justices focus on hazing, duty in Wabash fraternity case

Indiana Supreme Court justices on Tuesday quizzed attorneys about what constitutes hazing and whether Wabash College and a fraternity chapter owed a duty to protect a pledge injured when fraternity brothers placed him in a chokehold then dropped him.More.

Law School Briefs

Law School Briefs - 5/8/13

Read news from Indiana's law schools.More.

By the numbers: 2013 National High School Mock Trial Championship

Read about what it takes to put on the championship program in Indianapolis.More.

Special Sections

Indiana Court Decisions - April 17–30, 2013

Read opinions from Indiana's appellate courts.More.

On The Move

On The Move, On the Move

On The Move - 5/8/13

Read about who's recently been honored, appointed to a board or joined an Indiana firm.More.

Disciplinary Actions

Disciplinary actions - 5/8/13

Read who's been suspended recently by the Indiana Supreme Court.More.

Bar Associations

Bar Crawl

Bar Crawl - 5/8/13

Read news from bar associations around the state.More.

DTCI

DTCI: As attorneys, conflict is our business

This is not a call for more “civility.” To be candid, I have heard that so many times from so many people that it has lost all significance to me.More.

Indianapolis Bar Association

IBA: How to Save Time and Increase Cash Flow

Time is money. You may not be able to detail it on a year-end balance sheet or claim a whiled away afternoon as a legitimate loss, but the old adage is still true. For lawyers dependent on hourly billing, managing time is one of the most essential professional practices to be mastered.
More.

Indianapolis Bar Association

IBA: Shortridge High School Hosts Naturalization Ceremony

Students at Shortridge Magnet High School for Law & Public Policy experienced the final step to becoming an American citizen first-hand Thursday, May 2 as the school hosted a naturalization ceremony for more than 80 individuals seeking citizenship.More.

Indianapolis Bar Association

IBA Bar Leader Series Class X: Public Safety in the Spotlight

Regrettably, we see all too often in the news the various threats to the safety of our citizens in Indianapolis and throughout the country. These struggles are universal and impact all of us as a society in different ways.More.

Indianapolis Bar Association

IBA: Fun Abounds at the Bench Bar Conference

Though the Bench Bar Conference’s unparalleled educational programming naturally receives top billing, its plentiful non-CLE related offerings are also worthy of being shared and appreciated. From golf to trivia, these activities are vital in creating the casual, relaxed atmosphere that has madMore.

Indianapolis Bar Association

Blomquist: The IBA Bench Bar Conference, Well Worth the 'Conference Depression' Risk

Here is a new phrase for me: “Conference Depression. According to the Urban Dictionary, the definition of “conference depression” is: “Being extremely depressed after an awesome weekend at a conference.” Withdrawal usually lasts a day or two depending on the conference.More.

Indianapolis Bar Association

IBA Frontlines - 5/8/13

Read news from the IndyBar!More.

Latest News
This Issue
In Depth
Trial Reports

In Depth, Juvenile Justice, Latest News, Legal News, Print

Improving a child's access to counsel

A proposed draft rule would change waiver procedures in the juvenile justice system.More.

In Depth, Indiana Lawyer Staff, Juvenile Justice, Legal News, Print

Early intervention for juveniles

A new law, along with pilot programs, encourage alternatives to keep kids out of courts.More.

Cost of Justice, In Depth

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.

Cost of Justice, In Depth, Latest News, Legal News

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.

Cost of Justice, In Depth, Latest News, Legal News

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.

Cost of Justice, In Depth

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.

In Depth, Justice in Question

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.

In Depth, Justice in Question

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.

In Depth, Justice in Question

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.

In Depth, Juvenile Justice

Teaming up for change

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

Economic Impact, In Depth

Indiana: Better economic climate

State's legal community successfully rising to recession-related challengesMore.

In Depth, Juvenile Justice

Lawyers challenge imbalance of power

Budget statute affected juvenile codes and gives the Department of Child Services oversight of judicial decision-making.More.

Economic Impact, In Depth

Attorneys squeezing savings

Bar associations offer discounts, cost-cutting options for legal communityMore.

Economic Impact, In Depth

Money woes 'going to get worse'

County courts, prosecutors, public defenders face tight budgetsMore.

Economic Impact, In Depth

Indiana's legal aid in trouble?

3 legal aid providers discuss the economy's effectsMore.

In Depth, Justice in Question

After exoneration

Wrongfully convicted Hoosier settles federal suit for $4.5 million.More.

In Depth, Juvenile Justice

Marion County a model for juvenile detention reforms

Detention alternatives, Initial Hearing Court draw national praise.More.

In Depth, Juvenile Justice

What's next for Indiana's juvenile system?

Indiana lags in statewide reform, but builds on localized successes.More.

In Depth, Juvenile Justice

Detaining questions

Funding of youth detention, alternatives draws concern.More.

In Depth, Indiana Lawyer Staff, Latest News

Indiana makes gains in permanent placement

The state sees improvement, but aims to do better.More.

Cost of Justice, In Depth, Latest News, Legal News, Print

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.

Cost of Justice, In Depth, Latest News, Legal News

What's next for Indiana's death penalty?

Unlike other states, Indiana has not abolished or suspended use of executions.More.

Cost of Justice, In Depth, Latest News, Legal News

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.

Cost of Justice, In Depth

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.

In Depth, 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.

In Depth, Justice in Question

Escaping execution

Exoneree joins statewide campaign calling for a death-penalty moratorium.More.

In Depth, Justice in Question

Reforms urged to prevent mistakes

Indiana explores what revisions to make to its criminal justice system.More.

In Depth, Justice in Question

Aiming for exoneration

Inmate awaits court hearingMore.

In Depth, Juvenile Justice

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.

Economic Impact, In Depth

Bose lays off lawyers

Cuts are state's first announced publiclyMore.

Economic Impact, In Depth

Lawyer lands on feet

Attorney's job loss leads to his own legal consulting businessMore.

Economic Impact, In Depth

Mergers: Are we done yet?

2008 could be record year for law firm consolidationMore.

Economic Impact, In Depth

Tough times drive change

Attorneys see evolving legal work caused by economic woesMore.

In Depth, Justice in Question

System delivers injustice

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

In Depth, Juvenile Justice

Counties must pay for juvenile facilities

Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.More.

In Depth, Juvenile Justice

Teens share stories about juvenile justice experience

Two Elkhart County teens say it took incarceration to teach them a lesson.More.

In Depth, Juvenile Justice

State slow to achieve juvenile justice reforms

Local successes exist; systematic changes lag.More.

In Depth, Juvenile Justice

'Out of the court's hands'

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

Latest News
This Issue
In Depth
Trial Reports

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

Automobile accident involving police officer
Rolla Trent, individually and as administratror of the estate of Shirley Trent, deceased v. City of Peru
More

More Trial Reports

Blogs

Jennifer Mehalik

Indiana ranks 7th in claims for dog bites

Based on the number of claims for dog bites in 2012 reported by one insurance company, Indiana dogs have a propensity to bite. State Farm’s top 10 states for dog bite claims has the Hoosier State ranking 7th.More.

Poll

Odyssey

How often do you use Odyssey, the case management system implemented by the Indiana Supreme Court, or the Odyssey public Web portal, mycase.in.gov?

	Never
	A few times a month
	A few times a week
	Daily

Recent Polls

CLE Calendar

North

5/23 - Investigation Tactics & Technology in Family Law: What's Available? What's Appropriate (Fort Wayne)

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5/30 - Latest Developments in the Circuit Court Criminal Calendar (Fort Wayne)

More.

May 2013 - Brown Bag Video Series (Fort Wayne)

More.

More Sessions

Central

5/20 - Effects of Disability on Child Support & Case Law Updates (Indianapolis)

More.

5/21 - Real Estate & Land Use Legislative Update (Indianapolis)

More.

5/22 - How to Avoid Waiver Arguments on Appeal (Indianapolis)

More.

More Sessions

South

5/23 - Negotiating and Drafting Easements (Evansville)

More.

6/17 - Effective Representation for Suvivors of Intimate Partner Violence (Evansville)

More.

More Sessions

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Leadership In Law
Each year, Indiana Lawyer honors Distinguished Barristers and Up and Coming lawyers in the state's legal community. Meet those recognized for their work in the law and service to the community.

Corporate Counsel Guide
Indiana Lawyer's 2013 Corporate Counsel Guide provides snapshot information about lawyers providing in-house legal counsel to Indiana's business community.

Corporate Counsel Guide
Indiana Lawyer's 2012 Corporate Counsel Guide provides snapshot information about lawyers providing in-house legal counsel to Indiana's business community.

Book of Lobbyists
IBJ Media's Book of Lobbyists provides information on those who lobby the Indiana General Assembly. The directory includes two sections: compensated lobbyists, and companies and organizations that pay people to lobby on their behalf.

ADVANCED SEARCH

Opinions May 17, 2013

Indiana Supreme Court
State of Indiana ex rel. Glenn D. Commons, et al. v. The Hon. John R. Pera, et al.
45S00-1303-OR-209
Original action/judiciary. Grants in part and denies in part relief sought by relators, Lake County magistrates, who sought to prevent civil division Judge Nicholas Schiralli from transferring to the juvenile bench. The court held that Schiralli, who had not been appointed to the bench through merit selection, may not transfer without first being appointed through merit selection. The court denied the magistrates’ request that no judicial transfers be allowed without merit selection. The court denied Lake County judges’ assertion that the Lake County merit selection statute in question, I.C. 33-33-45-21(e), is unconstitutional.More.