Last UpdatedFRI., FEBRUARY 3, 2012 - 11:48 AM
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The art of listening

Lawyers offer insight on how to better serve clients.More.

7th Circuit affirms official's termination

Jenny Montgomery
The city of Anderson was justified in firing an official who failed to support a mayoral campaign, the 7th Circuit Court of Appeals held Friday.More.

Court agency uses Super Bowl week to test disaster plan

The Indiana Supreme Court Division of State Court Administration is taking advantage of the influx of visitors to central Indiana this week to determine if the agency can function from a remote location in case of a disaster.More.

7th Circuit upholds firearm conviction

Jennifer Nelson
The 7th Circuit Court of Appeals affirmed a man’s conviction of possessing a firearm in furtherance of a drug-trafficking crime, finding there was sufficient evidence to support the conviction.More.

In This Issue

FEB. 3-16, 2012
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Indiana lawyers offer their insight on how attorneys can better serve clients by really listenening to them. Marion County judicial 'slating fees' are the subject of two inquiries. An Indianapolis attorney sees the Super Bowl as a moment to showcase inclusiveness.

Top Stories

The art of listening

Lawyers offer insight on how to better serve clients.More.

Lawyer sees Super Bowl as moment to showcase inclusiveness

Attorney Greg Fehribach is looking forward to Super Bowl XLVI, when thousands of visitors to Indianapolis will make their way through downtown, thanks in part to infrastructure he helped design. For Fehribach, who uses a wheelchair as a mobility aid, the hallmark of any great city is its ability to offer everyone the same experiences.More.

Marion County judicial 'slating fees' subject of 2 inquiries

An Indianapolis attorney and an Indianapolis Bar Association political action committee want the Indiana Commission on Judicial Qualifications to look into how Marion County judicial candidates contribute to political parties as part of the process in running to be a judge.More.

Indiana State Bar Association to produce more CLE

A new initiative changes the roles of the Indiana Continuing Legal Education Forum and the Indiana State Bar Association.More.

Giving fee guidanceRestricted Content

Indiana Supreme Court decisions on fee structures lack bright-line rules and have caused questions about practicality.More.

Focus

Litigation training in short supply

Fewer jury trials leave young lawyers looking for experience outside of court.More.

Expert's voice carries weightRestricted Content

Indiana Court of Appeals finds single expert can establish standard of care for legal malpractice.More.

Opinion

BGBC: Calculating lost profits requires analysis

Computing the lost profits of a business as a result of a wrongful act is a complex task. And many times, the question to ask is: “But for” a wrongful act, what would the profits be? What would the value be?More.

Technology Untangled: Intel WiDi laptops provide wireless HDTV display

Stephen Bour looks at using WiDi for law firm and courtroom presentations.More.

Indiana Judges Association: Zen and the art of case managementRestricted Content

So over many years, I found a kind of “sub-wisdom.” It came not from law study or research, but rather from living with real world cases.More.

In Brief

15 apply to be Supreme Court justice

Fifteen people have applied to be the next Indiana Supreme Court justice, the high court announced Friday. They are vying to replace Chief Justice Randall T. Shepard, who will leave the bench March 4.More.

Indiana Tech's new law school will be on Ft. Wayne campus

Indiana Tech officials announced Tuesday that the school will build a 70,000-square-foot, $15 million facility on its main campus in Ft. Wayne to house its new law school.More.

Justices adopt repayment plan in UPL case

The Indiana Supreme Court has adopted a repayment plan for an Indianapolis company it found engaged in the unauthorized practice of law, ordering officials to reimburse the state bar association and former clients during the next six years.More.

Webcasting allowed in 3 Lake County courtrooms

The Indiana Supreme Court has announced a new 18-month pilot project allowing trial court proceedings to be webcast in three Lake County courtrooms.More.

Special Sections

Indiana Court Decisions

Read for publication opinions from Jan. 12 to 25, 2012.More.

On The Move

On the Move - 2/3/12

See who's been promoted or honored recently in the Indiana legal community.More.

Disciplinary Actions

Deputy prosecutor receives public reprimand

A Hancock County deputy prosecutor has received a public reprimand from the Indiana Supreme Court for surrendering prosecutorial discretion and allowing a corporate check fraud victim to dictate the terms of restitution as a pre-condition to a plea agreement.More.

State representative's attacker permanently disbarred

The Indianapolis attorney who violently attacked and attempted to kill a state representative has been permanently disbarred by the Indiana Supreme Court.More.

Bar Associations

DTCI: Legal pitfalls and evidence considerations in health care provider apologies

Health care provider apologies in the face of adverse patient outcomes can have profound effects in the defense of subsequent patient litigation.More.

DTCI: Indiana Civil Litigation Review

The DTCI’s flagship publication, the Indiana Civil Litigation Review, will be distributed soon.More.

Chinn: A Few Words About Judicial Elections

This is a judicial election year, and in Marion County this year, we have 20 spots on the ballot for judges of the Marion Superior Court. More than half of the local judiciary in the State’s largest and busiest county is up for election. That fact alone makes the 2012 elections a big deal.More.

IBA: Judicial Candidate Evaluation Results Released

The IndyBar’s Judicial Excellence Political Action Committee (JEPAC) released the results of its recent judicial evaluation survey of 2012 candidates for Marion Superior Court.More.

IBA: Racing Attorneys Conference to Roar Into Charlotte, NC

The Racing Attorney Conference (TRAC) returns to Charlotte, N.C., for a fresh and new program on Wednesday, April 10, and Thursday, April 11.More.

IBA: Foundation Accepting Impact Grant Applications

Indianapolis service agencies are eligible for a $35,000 grant through the Indianapolis Bar Foundation’s Impact Fund.More.

IBA: Trivia Night Fun at Binkley's

An actual “fun” fundraiser is coming up on Thursday, March 1 as the Indianapolis Bar Foundation hosts Trivia Night. Set for 5-8:00 p.m. at Binkley’s Kitchen and Bar, Trivia Night is a laid back evening to test your knowledge and hang out with friends.More.

IBA Frontlines - 2/3/12

Read news briefs from the Indianapolis Bar Association.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.

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 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.

Teaming up for change

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

Aiming for exoneration

Inmate awaits court hearingMore.

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.
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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.

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.

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.

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.

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.

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

 

Automobile accident
Melissa Miller v. Crossroads Rehabilitation Center Inc. and John Gocke
More

 

More Trial Reports

Blogs

Looking at law students' experiences

Law school students aren’t interacting much with international students, something that may hurt them as they prepare for a more internationally diverse environment.More.
 


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Opinions Feb. 3, 2012

7th Circuit Court of Appeals
Larry Davis v. Kris Ockomon, et al.
10-2589
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms finding that the position of senior humane officer for the city of Anderson was a policymaking position and therefore Davis could be dismissed for political reasons. City ordinances authorized the senior humane officer to exercise policymaking discretion.More.
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  1. I've been a republican my whole life but to me this is despicable. Its a race to the bottom with the third world when it comes to trying to fetch manufacturing back by lowering wages. Only fools think that is going to really work. You can see that in the southern states they can't hold on to jobs any better than we can up here.

    Much praise to Pat Bauer and the democrats and, most of all, to the the nine BOLD AND WISE republicans who voted and fought against this.

  2. Yup, in Marion County we surely do have the best justice money can buy.

  3. If Republican slating fees are $12,000 they've been lowered. They as of very recently was $25,000.

  4. Indiana law does not require law enforcement agencies to remove "police blotter" records, nor does it require Court Clerks to remove their records. Limiting expungements in this way renders them useless, since many private firms check local and county records for employers. The result is the crime will be discovered, and the applicant rejected. Expungement means just that, and should be required of all criminal justice agencies.

  5. Hope everything turned out okay. My father was wrongfully convicted and sentenced to 65 yrs in jail in Indiana and after serving 17 yrs, the other co-defendants finally came forward and confessed he was not there. The court exonerated him, but left the conviction on his record. And of course, Indiana can lock you up on a wrongful conviction, but want pay you a dime for you time. Laws need to change, period!! My dad has since passed, but I trying to make it better.