Last UpdatedTUE., AUGUST 23, 2016 - 4:38 PM
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Technology lets lawyers pursue practices with no need to hit ‘print’

The paperless office has been an aspirational goal for many businesses including law firms for years. Advocates point to studies that say going paperless can increase efficiency by 25 to 50 percent and slash a law firm’s budget for paper, printers, printer cartridges and other traditional paperbound office supplies.More.

Lilly, partner lose court fight over testosterone treatment04:37 pm

John Russell
Eli Lilly and Co. and its partner cannot stop competitors from selling generic versions of testosterone treatment Axiron, a federal judge in Indianapolis has ruled.More.

Judge rules in favor of scorned e-liquid manufacturer in vaping case04:35 pm

Hayleigh Colombo
Opponents of Indiana’s controversial vaping law scored a victory Friday when a federal judge ruled in favor of a Florida e-liquid manufacturer that argued the law was unconstitutional.More.

No appeal in Indiana woman's overturned feticide conviction03:30 pm

Indiana's attorney general has opted not to appeal a recent ruling that overturned a woman's feticide conviction for a self-induced abortion that killed her premature infant.More.

In This Issue

AUG. 10-23, 2016
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The paperless office has been an aspirational goal for many businesses including law firms for years. Advocates point to studies that say going paperless can increase efficiency by 25 to 50 percent and slash a law firm’s budget for paper, printers, printer cartridges and other traditional paperbound office supplies. A $25 million loss of consortium verdict poses tough questions for the Indiana Court of Appeals, which recently heard arguments on the matter. Wearable fitness trackers are adding to the flood of digital evidence in courts.

Top Stories

Patel decision restricts feticide prosecutions

The Indiana Court of Appeals holds the Legislature didn’t intend feticide charges for pregnant women.More.

2-year program at Madison facility shows positive impact tablets have on behavior

The data is still being collected but the staff at the Madison Juvenile Correctional Facility is noticing the nearly 50 incarcerated young women are calmer, not filing as many grievances and reading more books. So what's happening?More.

Attorneys turn to 'barn therapy' to clear minds

Five influential women in the Indianapolis legal community share a common bond as dedicated horse riding enthusiasts. They shared with Indiana Lawyer why they ride.More.

Legal battles spark EPA to set emission standards for composite wood products

Nearly 11 years after the survivors of Hurricane Katrina began blaming their FEMA trailers for their health problems, the U.S. Environmental Protection Agency has issued a new rule addressing what is believed to have been the main cause of their suffering — formaldehyde.More.

$25M verdict poses tough questions for COA

Hearing arguments about a case that resulted in what may be among the largest awards for loss of consortium, the Indiana Court of Appeals repeatedly questioned what amount of damages is too much and when a jury’s decision should be overturned.More.

Focus

Fitness trackers add to flood of digital evidence in courts

The law surrounding the information is still evolving, particularly in the area of privacy and Fourth Amendment rights. Civil, but more likely criminal, attorneys will be handling digital evidence more and more especially as law enforcement increasingly relies on technology to track suspects and link them to crimes.More.

Technology lets lawyers pursue practices with no need to hit ‘print’

The paperless office has been an aspirational goal for many businesses including law firms for years. Advocates point to studies that say going paperless can increase efficiency by 25 to 50 percent and slash a law firm’s budget for paper, printers, printer cartridges and other traditional paperbound office supplies.More.

Cohen and Mattingly: ESI review protocols: No more shots in the dark

Document productions, if done incorrectly, are often overly and underly broad; unnecessarily expensive and inefficient; and potentially damaging. These days if you, knowingly or unknowingly, produce a needle in a stack of hay, it will be (or should be) found.More.

Opinion

Start Page: Are you (tech) ready for back to school?

This article offers some ideas to help you use technology to take charge of the back-to-school chaos and make this school year great.More.

Hammerle On…'Captain Fantastic,' 'Star Trek Beyond'

Bob Hammerle says "Captain Fantastic" is a creative, daring film that encourages you to think.More.

DTCI: Want to stop the lawyer jokes? Change the perception

It troubles me when our profession is reduced to jokes. If the public perception of lawyers perpetuates the jokes and negative portrayals, and if those jokes and portrayals bother us, what can we do to change the public perception?More.

Keaton: NIED: Impact, involvement and injury

Must a physical injury occur before a plaintiff may recover for negligent infliction of emotional distress? Perhaps not.More.

In Brief

7th Circuit denies rehearing in Conour creditor suit

The long road for some victims to recover any of the settlement money former attorney William Conour stole from them may be closer to an end. The 7th Circuit Court of Appeals denied requests to reconsider the court’s decision putting Conour’s victims before a creditor who sued over a defaulted line of credit.More.

State won’t appeal order blocking abortion law

A federal judge’s order blocking a divisive and restrictive abortion law signed this year by Gov. Mike Pence will not be appealed, Indiana Lawyer has learned. The decision not to appeal at this time effectively punts a decision on a possible future appeal to new state office-holders to be elected in November.More.

Plaintiffs lose state court challenge to anti-conflict of interest law

The five northern Indiana police officers or firefighters who challenged a state law that would prohibit them from simultaneously also serving in elected office had their suit challenging the 2013 law dismissed Tuesday.More.

E-filed documents may tell more than attorneys intend

Court officials are recommending lawyers be cautious when submitting e-filed documents, because those submissions may carry metadata revealing more than an attorney might intend.More.

7th Circuit sets arguments in Exodus vs. Pence Syrian refugee case

Indiana Gov. Mike Pence’s appeal of a ruling blocking his bid to suspend resettlement of Syrian war refugees in the state will be heard by the 7th Circuit Court of Appeals less than two months before voters decide if he will be the nation’s next vice president.More.

Special Sections

Indiana Court Decisions - July 20 – Aug. 2, 2016

Read recent appellate decisions.More.

On The Move

Lawyers on the Move

Read who's recently joined an Indiana firm, joined a board or honored for their work.More.

Disciplinary Actions

Discipinary Actions - 8/10/16

Read which judge recently was publicly reprimanded.More.

Bar Associations

Moberly: We’re ‘Showing you the Value’ this September

At the IndyBar, we’ve spent a lot of time talking about how to create value for our members. It seems that younger lawyers want to buy the direct commodity, not just a membership.More.

IndyBar Frontlines - 8/10/16

Read recent news from the IndyBar.More.

IndyBar: Attorneys Needed for Naturalization Ceremonies

Indianapolis Bar Association attorney members participate in the naturalization ceremonies by handing out a booklet containing the U.S. and Indiana constitutions and presenting brief remarks. Volunteers are currently being recruited to represent the IndyBar during these ceremonies.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.

State slow to achieve juvenile justice reforms

Local successes exist; systematic changes lag.More.

'Out of the court's hands'

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

Detaining questions

Funding of youth detention, alternatives draws concern.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 Aug. 23, 2016

Indiana Supreme Court
Kristy Burnell v. State of Indiana
29S02-1512-CR-707
Criminal. Affirms trial court decision to not terminate license suspension. Holds a refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test. Burnell has the burden of demonstrating the evidence shows her license suspension by the BMV should be overturned, and she did not carry this burden.

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  1. Why in the world would someone need a person to correct a transcript when a realtime court reporter could provide them with a transcript (rough draft) immediately?

  2. This article proved very enlightening. Right ahead of sitting the LSAT for the first time, I felt a sense of relief that a score of 141 was admitted to an Indiana Law School and did well under unique circumstances. While my GPA is currently 3.91 I fear standardized testing and hope that I too will get a good enough grade for acceptance here at home. Thanks so much for this informative post.

  3. No, Ron Drake is not running against incumbent Larry Bucshon. That’s totally wrong; and destructively misleading to say anything like that. All political candidates, including me in the 8th district, are facing voters, not incumbents. You should not firewall away any of voters’ options. We need them all now more than ever. Right? Y’all have for decades given the Ds and Rs free 24/7/365 coverage of taxpayer-supported promotion at the expense of all alternatives. That’s plenty of head-start, money-in-the-pocket advantage for parties and people that don’t need any more free immunities, powers, privileges and money denied all others. Now it’s time to play fair and let voters know that there are, in fact, options. Much, much better, and not-corrupt options. Liberty or Bust! Andy Horning Libertarian for IN08 USA House of Representatives Freedom, Indiana

  4. A great idea! There is absolutely no need to incarcerate HRC's so-called "super predators" now that they can be adequately supervised on the streets by the BLM czars.

  5. One of the only qualms I have with this article is in the first paragraph, that heroin use is especially dangerous because it is highly addictive. All opioids are highly addictive. It is why, after becoming addicted to pain medications prescribed by their doctors for various reasons, people resort to heroin. There is a much deeper issue at play, and no drug use should be taken lightly in this category.