In This Issue

OCT. 22-NOV. 4, 2014
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Forrest Bowman Jr.’s book retraces Indianapolis’ infamous Sylvia Likens murder case and his role defending two boys at trial. The book presents a thorough, day-by-day recollection of the trial that captivated and horrified the state in 1966. Attorneys debate the impact on the judicial process by reality crime TV shows, like "Cold Justice, which led to charges against a man in a 1975 cold case. Lawmakers are in no rush to fix Marion County's Superior judge election system after a federal judge deemed the statute unconstitutional. The legislators are already having to tackle the county's small claims court system.

Top Stories

Attorneys debate impact of reality crime TV shows on the judicial process

The reality television show “Cold Justice” linked Earl Taylor to the 1975 murder of his first wife, Kathy Taylor. Dennis Majewski, Earl Taylor's attorney, said the TV program carried by the TNT cable network, and a follow-up newspaper article that told viewers the episode was available on YouTube, led him to doubt he could find an untainted jury in Vigo County.

Lawyer’s book retraces Indy’s infamous Sylvia Likens murder case

Almost 50 years later, Forrest Bowman Jr. is talking about the murder case involving Indianapolis teen Sylvia Likens, something he’s not done much of in the past. His just-released book, “Sylvia: The Likens Trial,” presents a thorough, inside, day-by-day recollection of a trial that captivated and horrified the state in 1966.

Lawmakers in no rush to fix Marion County’s judicial selection process

Marion County’s unique power-sharing judicial-election system won’t be fixed anytime soon, even though a federal judge has ruled the four-decade-old system is unconstitutional.

SCOTUS denial of cases opens door to new same-sex-couple issues

Now that same-sex marriage is legal in Indiana, the courts will have to settle issues and questions that will arise in other areas, such as family law.

Pharmacist’s snooping is a prescription for trouble

Walgreen’s appeal of $1.8M judgment in favor of customer raises patient privacy issues.

Re-routing the school-to-prison pipeline

Tippecanoe County is just one of a handful of sites across the nation participating in a special initiative designed to constrict the flow of minors into the juvenile justice system and give them a second chance.

School discipline summit highlights problem of suspensions and expulsions

Speaking to a group of Indiana educators, school administrators and legal professionals, retired Judge Irene Sullivan drew applause when she stated school suspensions and expulsions should be illegal under federal law.

SPLC founder urges lawyers to fight 'tyrants among us'

A hero of the civil rights movement urged Indiana lawyers Thursday to fight “the tyrants among us” who he said lurk not only in hate groups, but also prey on the poor and disenfranchised from boardrooms and legislatures.

Focus

When municipal growth clashes with property owners, the result is annexation headaches

A 644-acre swath of rural Hancock County land is at the heart of a contentious annexation battle that illustrates what municipalities say is the need to get control of property before development happens. The case also brings to light what may be a shift in the judiciary’s attitude toward remonstrators.

Public-private partnerships’ popularity peaking

In an era of tight lending for construction, public-private partnerships are a solution to get desired projects funded and under way. Attorneys who represent parties in such deals say nuanced negotiations hold the key for deals with a shared vision but sometimes competing interests.

Laurin: Well-crafted contracts can avoid subrogation disputes

Most Indiana construction law practitioners would probably agree that Indiana caselaw on construction issues is hardly robust. One exception is cases that address the enforceability of waiver of subrogation provisions (usually under AIA contracts) to prevent claims for damage to the “Work” (again usually as defined by AIA contracts) when a builder’s risk policy should or does cover the damage.

Singer/Jones: A survival guide for zombie construction projects

In real estate and construction, zombies really are all around us. Structures with no life inside scar the real estate landscape in every major city – the abandoned automobile-parts manufacturing facility; the half-completed condo building; the vacant video store with its giant, empty parking lot; the literal hole in the ground surrounded by rusted construction fencing and graffiti – all threatening the health and safety of the structures and inhabitants around them.

Opinion

Inside the Criminal Case: Contempt, punctuality and expressing yourself to a court

We advise our clients that unfortunately, delays can be part of the court experience. However, one thing we have never advised our clients to do is “tell the court how you really feel.” Or, as Dave Chappelle would say, we have never advised our clients to “keep it real” with the court.

Federal Bar Update: Minor rule changes and attorney-client privilege

Any amendments to various federal rules always take effect Dec. 1. Some years there are significant changes, other years few or no amendments are in play. This December is very modest in terms of federal rule amendments.

Start Page: Take a few (more) steps toward a ‘paper-less’ office

Law firms will likely never be completely paperless (i.e., completely electronic). A good goal for firms, courts and attorneys is to use less paper and be more “paper-less.” This article presents four steps you can take to reduce the use of, and reliance on, paper in practice.

DTCI: Proceed with caution and civility during depositions

As a young lawyer, I have quickly learned that this friction between our duties to our clients and our duty to behave civilly becomes overly apparent at depositions. Without a doubt, depositions are an extremely effective and widely used discovery tool. They present great opportunity to gain valuable facts that can be used against an opponent. That being said, they also present great opportunity for incivility, especially because depositions are generally held outside a judge’s supervision.

Living Fit: Sitting is killing you, so get moving

How is a chair like a cigarette? They can both kill us.

Hammerle On… 'Gone Girl,' 'The Judge'

Bob Hammerle says "The Judge" can't be saved by the appearance of brilliant actors Robert Downey Jr., Robert Duvall and Vera Farmiga.

In Brief

Garage door company on hook for $21M jury award

A Plainfield garage door company has been ordered to pay $21.3 million in damages to an Indianapolis man who suffered permanent, disabling spinal injuries in 2006 due to a malfunctioning garage door.

Indiana Tech begins search for law school dean

Indiana Tech Law School has started the process of finding a new dean, but the institution is releasing few details about the search.

Conour malpractice carrier wins rescission of coverage

The insurance company that provided malpractice coverage to ex-attorney and convicted fraudster William Conour prevailed in its civil suit against him, but his many victims still may receive a small amount from the case.

Humvee maker wins $27.9M judgment against supplier

A supplier of armored doors for Humvees made for the military overcharged the manufacturer, a federal judge ruled Monday, awarding South Bend-based AM General LLC a $27.9 million judgment.

Assistant US attorney chosen as federal magistrate

An assistant U.S. attorney in Hammond has been tapped as the newest magistrate judge for the Fort Wayne Division of U.S. District Court for the Northern District of Indiana.

IU McKinney to host talk on Ebola

Indiana University Robert H. McKinney School of Law is hosting a multi-disciplinary talk Oct. 24 on Ebola, law and public health.

IU Maurer to give scholarships to Purdue engineer grads

Indiana University Maurer School of Law announced Wednesday its third program with an in-state school to provide scholarships and mentoring to students who attend IU Maurer for law school. The school has partnered with Purdue University’s College of Engineering.

Rush OKs media coverage for National Adoption Day

Indiana Chief Justice Loretta Rush has approved still photography, video and audio coverage of uncontested adoption proceedings in honor of National Adoption Day Nov. 22.

IU Maurer establishes scholarship for Vassar College grads

Vassar College becomes the seventh school Indiana University Maurer School of Law has partnered with to establish a scholarship and mentoring program for students interested in pursuing legal education.

Law firm establishes diversity fellowship at IU McKinney

Bose McKinney & Evans LLP has created a new diversity fellowship for first-year students at Indiana University Robert H. McKinney School of Law.

ABA provides guidance on sale of law practice

The American Bar Association has issued a formal opinion on the sale of a law practice, specifically as it relates to the seller in terms of “practice” and billing matters.

Special Sections

Indiana Court Decisions - Oct. 1-14, 2014

Read recent appellate decisions from Indiana courts.

On The Move

On The Move - 10/22/14

Read who's recently joined Indiana firms, been honored for their work, or opened a new firm.

Disciplinary Actions

Disciplinary Actions - 10/22/14

Read who recently resigned from the Indiana bar.

Bar Associations

IndyBar: Executive Director Honored with 2014 Indiana Women of Achievement Award

Ball State University has named Indianapolis Bar Association Executive Director Julie Armstrong a 2014 recipient of the Indiana Women of Achievement Award. This award is given by the university’s Task Force on the Status of Women each year to five women across the state “who enrich the lives of others through outstanding accomplishments in a variety of fields.

IndyBar's Getting Along Is Not Wrong: An (Unofficial) Mentor

From Ms. Kelley J. Johnson, Cohen & Malad LLP: I have been blessed to be mentored by John Maley for about 13 years. It’s not an official mentor-mentee relationship; I don’t even work for John or his firm.

IndyBar: Generosity Shines Bright at the Evening Under the Stars

The IBF’s 2014 Evening Under the Stars Dinner and Auction was a resounding success. Thanks to all of you who were able to attend the dinner, donated items to the silent or live auctions or donated your time planning and setting up the event.

IndyBar: Recognition Awards Honor Indy’s Leading Legal Professionals

Each year, the IndyBar takes time to honor and celebrate local leaders with innovative ideas at the Indianapolis Bar Association and Foundation Recognition Luncheon. On Thursday, Nov. 13, join your colleagues at the Columbia Club at noon as we recognize the following individuals and initiatives that have made outstanding contributions to the legal profession. Registration for the event can be found at www.indybar.org/events.

Head West with the IndyBar!

Looking for an excuse for a late fall trip to Vegas? It’s not too late to register for the IndyBar’s 2014 Destination CLE, to be held Thursday, Nov. 6 through Saturday, Nov. 8!
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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. 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?

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