Last UpdatedFRI., OCTOBER 17, 2014 - 2:40 PM
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Small firms rise to top of ISBA leadership

Jeff Hawkins is like most Indiana lawyers – he works in a small practice. Hawkins, incoming president of the Indiana State Bar Association, will be the first of three consecutive leaders hailing from solo or small law firms.More.

Drug abuse symposium attracts 800

About 800 Indiana health professional, lawmakers, law-enforcement officials and others gathered in Indianapolis Friday for the beginning of a two-day symposium focused on combating prescription drug abuse.More.

Marion County justice center deal tests transparency laws

Kathleen McLaughlin
Three teams competing to partner with Indianapolis on a half-billion-dollar criminal justice complex shaped the city’s specifications in closed-door meetings.More.

US to recognize same-sex marriages in Indiana, 6 other states

The federal government will recognize same-sex marriages in seven more states and extend federal benefits to those couples, the Justice Department said Friday.More.

In This Issue

OCT. 8-21, 2014
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Firms – especially those with multiple offices – say their practices benefit from retreats, team-building exercises and even regular face-to-face meetings of top partners. Millions more dollars are being sought to cover representation of juveniles, due in part to a new rule taking effect Jan. 1. An ISBA panel looks at how firms can maximize their paralegals' roles to get their money's worth.

Top Stories

Millions more sought for representation of juveniles

The money is needed for guardians ad litem and court appointed special advocates, and to pay for the new rule requiring defenders in delinquency cases.More.

Officer's meth-exposure claims untangled by appeals court

The Indiana Court of Appeals rules an injured city policeman must exhaust workers' comp remedies before turning to the injured-on-duty statute.More.

Deans ready to comply with revised legal education standards

The American Bar Association now requires more hands-on learning and student assessments throughout the course.More.

SCOTUS denial of marriage lawsuits creates historic day

The decision by the Supreme Court of the United States not to hear any of the same-sex marriage cases before it was unexpected but very welcomed by the same-sex couples and their attorneys who challenged Indiana’s marriage ban.More.

NDLS professor: Stop ISIS by choking funding

The battle against the Islamic State of Iraq and the Levant is often discussed in terms of bombs and boots on the ground. However, an expert in terrorist financing at the Notre Dame Law School says destroying the Islamic State group, also referred to as ISIS, must include going after the money.More.

Getting down to business

Whether they juggle being a lawyer with being an entrepreneur or they change careers and become full-time business owners, many say their legal training continues to help them. They have the ability not only to understand the legal aspects of operating a business but also to organize and manage the enterprise itself.More.

Retreating from the office

Meetings and events outside of the firm foster camaraderie and build relationships among staff.More.

Focus

Small firms rise to top of ISBA leadership

Jeff Hawkins is like most Indiana lawyers – he works in a small practice. Hawkins, incoming president of the Indiana State Bar Association, will be the first of three consecutive leaders hailing from solo or small law firms.More.

Maximizing paralegal roles to get money's worth

An Indiana State Bar Association panel examines ways firms can delegate work to paralegals to increase efficiency and profitability.More.

Opinion

Indiana Judges Association: Judges struggle with 'rule of law' questions daily

As judges, we struggle with “rule of law” questions every day. The gray areas between a fact and a supposition dog our paths. The tension between the letter of the law and the conscience of the community complicate our considerations. In some cases, the rule of law just seems to be unjust. But overall, the true meaning of “rule of law” should not be a barrier.More.

Stohler: I'm pretty sure my clients love me

Most small to mid-sized companies use on average three to five law firms. Larger companies use even more. So, each and every day you are being compared to your competitors. Knowing how you compare to them in terms of your service and client satisfaction is good to know. You can get this information in a variety of ways and use it to bring in even more business from the client.More.

Smith: What to do when the EPA sends an Information Request

Even the best companies occasionally attract the attention of regulators. Recently, the United States Environmental Protection Agency announced that it will be focusing on addressing noncompliance issues and vigorous enforcement. EPA commonly investigates compliance and potential enforcement with an “Information Request.”More.

INBOX: Keep Marion County Small Claims out of Superior Court

A reader believes the rational solution to issues in Marion County Small Claims Courts is to keep the system as it is and not move it to Marion Superior Court.More.

Hammerle on ... 'The Skeleton Twins,' 'The Disappearance of Eleanor Rigby: Them'

Bob Hammerle says "The Skeleton Twins," which stars two people know for their comedy work, derives its strength not from comedy but the emotional connection of disturbed twins.More.

Technology Untangled: Document scanning in the palm of your hand

Today we will look at an application that allows your smartphone to function as a surprisingly capable portable document scanner, capturing images of higher quality and much greater utility than a typical .JPG photo capture.More.

In Brief

JQC issues advisory opinion to judges with family members running for office

Judges who have a family member running for elected office may appear in campaign materials as long as the judge’s title or position isn’t mentioned, the Indiana Commission on Judicial Qualifications decided in an advisory opinion released Friday.More.

Indiana Tech Law School hurries up and waits for ABA approval

Indiana’s newest law school has entered the long waiting period that comes with the accreditation process.More.

Taft partner appointed to Bankruptcy Court

Jeffrey J. Graham, a partner at Taft Stettinius & Hollister LLP in Indianapolis, is the newest Bankruptcy judge in the Southern District of Indiana. The 7th Circuit Court of Appeals announced his appointment Monday.More.

JQC files charges against judge following OWI arrest in Kentucky

The Indiana Commission on Judicial Qualifications filed one count against a southern Indiana town court judge who was arrested and pleaded guilty to operating while intoxicated in Louisville, Kentucky.More.

Indiana AG proposes home contractor registry

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.

Appeals court affirms disbarred attorney’s convictions

The South Bend attorney who was disbarred in 2010 and convicted of forgery in 2013 lost his appeal before the Indiana Court of Appeals Thursday.More.

Judge: Yorktown’s door-to-door soliciting restriction unconstitutional

Yorktown’s ordinance forbidding door-to-door canvassing before or after daylight hours is unconstitutional, a federal judge ruled.More.

State's way of paying public defenders debated

The state pays the salaries of its judges and prosecutors, but public defenders are paid by counties that are only partially reimbursed for their costs — an approach that some including the executive director of the Indiana Public Defender Council want to see changed.More.

Judge tosses suit over IU student's disappearance

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.

Special Sections

Indiana Court Decisions - Sept. 17-30, 2014

Read recent decisions from Indiana appellate courts.More.

On The Move

On The Move - 10/8/14

Read who's joined an Indiana firm, been appointed to a board or received an award.More.

Disciplinary Actions

Disciplinary Actions - 10/8/14

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

Bar Associations

DTCI: Sign up now for the 21st Annual Conference and Meeting

Join us on Nov. 20 & 21 at the French Lick Resort for a jam-packed schedule.More.

Abrams: Professionalism and Civility

This past week made two marks on my personal challenge to promote and encourage professionalism and civility.More.

DTCI: North Central Region Trial Workshop Academy

View a photo from the recent North Central Region Trial Academy Workshop Academy.More.

DTCI: Bad faith when there was no coverage?

An insurer denies a claim and the court agrees there is no coverage under the policy. Case closed. Or is it?More.

IndyBar: ADR Section Hosts Successful Annual Mediation Day

On Friday, Sept. 26, the IndyBar Alternative Dispute Resolution (ADR) Section hosted its annual Mediation Day, which was coordinated by ADR Section Chair Phyllis Armstrong of The Mediation Group.More.

IndyBar: Getting Along Isn’t Wrong: Family Law Role Models

Eric Olson highlights three attorneys who have stood out over the years for getting along with opposing counsel.More.

IndyBar: Indianapolis Bar Foundation Introduces Legacy Fund

The Indianapolis Bar Foundation (IBF) is pleased to announce the formation of its new Legacy Fund, a planned giving initiative that ensures that the mission of the Indianapolis Bar Foundation – to advance justice and lead positive change in Indianapolis through philanthropy, education and service – will continue to positively impact our community and our profession for generations to follow.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.

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.

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.

Aiming for exoneration

Inmate awaits court hearingMore.

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.

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.
childreninneed-2col.jpg chin logo

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.

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.

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.

Teaming up for change

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

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.

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. 17, 2014

Indiana Court of Appeals
Dominic Johnson v. State of Indiana (NFP)
49A05-1403-CR-125
Criminal. Affirms convictions for auto theft, a Class C felony, and resisting law enforcement, a Class A felony.More.
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  1. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?