Last UpdatedTHU., FEBRUARY 23, 2017 - 2:38 PM
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No slowdown in expungements

The number of petitions filed around the state remains high, but clerks and attorneys say they have adjusted to the workload.More.

Justices question meaning of EBITDA in HHGregg manager bonus case02:36 pm

Olivia Covington
After a key member of HHGregg’s leadership team died in 2012, his $40 million life insurance policy was paid out to the company and brought that year’s total earnings to $143.5 million. Now, senior managers on the HHGregg team say they should receive bonuses based on the total 2012 earnings, claiming that the life insurance policy propelled the company to an earnings level that warranted extra compensation for their work.More.

Trump's immigration crackdown likely to bring lawsuit flood02:13 pm

President Donald Trump’s plan to round up and deport millions of undocumented immigrants is likely to trigger waves of lawsuits that may soon dwarf the legal fight over the administration’s temporary ban on travelers from seven Muslim majority countries.More.

Supreme Court hears Spirited Sales liquor wholesaling case01:28 pm

Olivia Covington
The fate of Spirited Sales LLC’s liquor wholesaling license is in the hands of the Indiana Supreme Court as the justices consider whether allowing the company to keep its permit would enable its parent company, Monarch Beverage Co., to gain an unlawful monopoly in the alcohol wholesaling business.More.

In This Issue

FEB. 22-MARCH 7, 2017
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For some firms, splitting office space and expenses is a best practice. There's been no slowdown in the number of expungement petitions filed around the state, more than three years after the law took effect. Lawmakers are looking at an anti-indemnification bill regarding lawyers and legal malpractice claims. 

Top Stories

Legal aid agencies jointly seek $210,000 expungement grant

In what is believed to be a first, Indiana Legal Services Inc., Indianapolis Legal Aid Society and the Neighborhood Christian Legal Clinic are hoping to collaborate on a single project that they say will help people overcome hurdles to employment and give communities an economic boost.More.

Supreme Court to hear HHGregg, managers’ incentive fight

The Indiana Supreme Court will hear a case Feb. 23 in which a trial court and the Indiana Court of Appeals reached opposite conclusions about whether key HHGregg managers were entitled to incentive bonuses triggered by the company’s receipt of $40 million from an executive’s life insurance proceeds.More.

Lawmakers consider attorney anti-indemnification bill

A bill designed to prohibit attorneys from indemnifying themselves from legal malpractice claims is up for consideration by the Indiana House of Representatives, but some malpractice attorneys say the measure may not be necessary in light of existing rules of conduct.More.

Hispanic lawyers’ past experiences draw them to immigration law

Representing individual immigration litigants makes sense for many Hispanic attorneys because they have seen members of their own families move through the process of becoming either a legal citizen or lawful permanent resident of the United States.More.

ABA watches law schools’ attrition, bar pass rates

At the mid-year meeting of the American Bar Association held in early February, legal education was in the spotlight or, some might say, the hot seat.More.

Merit selection for Marion County a path back to court?

As the General Assembly weighs a new means of choosing Marion County judges, critics of the proposed merit-selection system say its enactment will almost guarantee another court fight.More.

No slowdown in expungements

The number of petitions filed around the state remains high, but clerks and attorneys say they have adjusted to the workload.More.

For some firms, splitting office space and expenses is best practice

For many firms, splitting office space and sharing resources is a strategy that makes good business sense. But such arrangements aren’t without challenges.More.

Focus

Attorneys trying to stay apprised, advise clients as Congress weighs health care reform

The Affordable Care Act brought a sea change to the health care industry, and whatever replaces it is expected to bring another. Attorneys practicing health care law or with clients greatly impacted by the rules and regulations of the ACA are scrambling to stay afloat.More.

Reuhs: Insurance coverage for the internet of things

The “internet of things” appears to represent the next wave of new liabilities: cars being remotely controlled by hackers or medical devices being used as access points for theft of medical records.More.

WKW: Automobile insurance coverage without entering your car

One of the lesser known benefits of uninsured and underinsured motorist coverage is that it does not require insureds to be inside an automobile. This is because most policies frame the coverage as applying when the insured is legally entitled to recover from an uninsured or underinsured motorist because of an accident, but they do not specify where the insured has to be when the accident occurs.More.

Opinion

Eye on the Profession: Dr. King’s timeless words from 50 years ago still ring true

Is our legal profession confronted with “fierce urgency?” I submit that we are.More.

DTCI: I’m prepared for life’s emergencies, but are you?

This article raises some simple questions about the way we function in our day-to-day lives and honestly assesses how “prepared” we really are.More.

Neutral Corner: Experts advise to ‘think slow’ when handling mediations

The tendency for decision-makers to respond first with an intuitive (and often wrong) response has significant implications for both mediators and advocates.More.

Start Page: Microsoft Word for the legal profession: reformat documents

For 2017, the Start Page column will focus on Microsoft Word. Each article will help build skills you can use each day in your practice to be more efficient and effective for your clients.More.

Hammerle’s 2016 Oscar predictions

Once again, the Oscars are upon us, and it’s time that I stare into my admitted fuzzy crystal ball. I wouldn’t go to Vegas and bet on my predictions, but I’m not afraid to be wrong.More.

Special Sections

Indiana Court Decisions - Feb. 1-14, 2017

Read recent appellate decisions.More.

Disciplinary Actions

Disciplinary Actions - 2/22/17

Read who has recently been suspended or reinstated.More.

Bar Associations

IndyBar: Indiana Bar Examination Assessment Task Force Releases Report

The Indiana Bar Examination Assessment Task Force has completed its 18-month study and issued its 82-page report.More.

IndyBar: Around the Bar

See photos from the IndyBar Lawyer-Legislator Luncheon, held Wednesday, Feb. 15, 2017More.

The IndyBar and Marion County Bar Association Celebrate Black History Month

During Black History Month and every month, the IndyBar proudly joins the Marion County Bar Association in celebrating our diverse judiciary serving in and around Marion County.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.

Motor vehicle accident: Noblesville collision
Patricia Acker and Peter Acker v. Keyna Sanders  More

 

Motor vehicle accident: rear-end collision
Dannis R. Thomas and Luisa Thomas v. Phyllis A. Isenhower More

 

Americans with Disabilities Act discrimination
Kristine R. Rednour v. Wayne Township Fire Department and Wayne Township 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. 23, 2017

Indiana Court of Appeals
Jay F. Vermillion v. State of Indiana (mem. dec.)
84A04-1604-PC-900
Post-conviction. Reverses the dismissal of Jay Vermillion’s petition for post-conviction relief. Finds the post-conviction court abused its discretion in dismissing Vermillion’s action without holding a hearing as required by Trial Rule 41(E). Remands for either a Trial Rule 41(E) hearing or reinstatement of his action.
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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.