Latest News

Indiana ‘miscarriage of justice’ splits 7th Circuit judges 5-4

July 31, 2013
Dave Stafford
A majority of nine 7th Circuit Court of Appeals judges narrowly denied rehearing en banc for an Indiana man whose sentence was erroneously calculated. A dissenting judge called the case a “miscarriage of justice.”
More

Family did have notice that expert pulmonologist was going to testify as pathologist

July 31, 2013
Marilyn Odendahl
In reviewing a dispute over testimony given by expert witnesses, the Indiana Court of Appeals sees no reason to hold a new trial. 
More

7th Circuit: Machine gun possession not violent crime

July 31, 2013
Dave Stafford
A man’s conviction on federal firearm charges was vacated Tuesday when the 7th Circuit Court of Appeals ruled that possession of machine guns was not violent crime, citing a case earlier this year that applied the same rationale to possession of sawed-off shotguns.
More

Spur-of-the-moment burglary spree does not support corrupt business influence conviction

July 31, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found that an impromptu burglary spree that lasted less than 48 hours does not meet requirements for a corrupt business influence conviction.
More

Blogger attorney Ogden grilled in public discipline hearing

July 31, 2013
Dave Stafford
Publicly resigned to the likelihood that action will be taken against his law license, attorney Paul Ogden was grilled for hours Tuesday in his hearing before the Indiana Disciplinary Commission.  
More

COA: Lingering odor of burnt marijuana does not justify warrantless search

July 31, 2013
Marilyn Odendahl
No possibility of danger or smell of marijuana was evident, and that was enough to convince the Indiana Court of Appeals to suppress evidence found during a police officer’s search of a motorist’s backpack.
More

Policy change means ILAS will have to raise more funds

July 31, 2013
Marilyn Odendahl
A change in policy from its largest contributor is pushing Indianapolis Legal Aid Society to introduce itself to a wider audience.
More

Massa mum on Rockport recusal

July 31, 2013
Dave Stafford
One of the first cases on the Indiana Supreme Court’s fall oral argument calendar also could be among its most controversial and biggest in terms of potential dollars at stake.
More

Lawyers talk about considerations in leaving firms, opening new practices

July 31, 2013
Dave Stafford
Several attorneys recently have departed established firms to form their own practices, leveraging their legal talents, goodwill and loyal clientele to satisfy entrepreneurial longings.
More

Vanderburgh County requests new court magistrate

July 31, 2013
Seated alone at the table in front of the Indiana General Assembly’s Commission on Courts, Vanderburgh Circuit Judge David Kiely recently asked for a new magistrate in his court.
More

Dean's Desk: Dean excited to teach, interact more with students this semester

July 31, 2013
Nell Jessup Netwon
I am sitting at my desk, back from vacation, swamped under the combination of the paperwork that accrued while I was gone and what seems like an unusual amount of pre-term work. I am realizing that I am also just four weeks away from teaching a four-credit contracts course for the first time in 10 years and wondering “What was I thinking?” Although some professors can glance at their notes, stroll into class and conduct a brilliant session, I’ve always been the kind that has to review everything, rewrite my notes and build up a certain level of anxiety before teaching, like the actor who falls flat if she doesn’t experience stage fright. In other words, I’ve signed up for what could be a world of pain in the fall semester of 2013.
More

No-phone zones might be called for in Indy courts

July 31, 2013
Dave Stafford
Judges in Marion County were rightly troubled recently by multiple instances of cellphone video taken in court winding up online, which included secretly recorded video of a criminal informant’s testimony.
More

Attorney’s death saddens legal community

July 31, 2013
Marilyn Odendahl
The Indianapolis legal community is mourning the sudden death July 16 of attorney Joe Russell.
More

Stevenson: Plane crash litigation may improve travel safety

July 31, 2013
Modern airliners are filled with technology that has made flying safer than ever. According to MIT statistics professor Arnold Barnett, in the last five years, the death rate for airline passengers in the United States has been one in 45 million flights. At that rate, a passenger could fly daily for an average of 123,000 years before being involved in a fatal crash. While technology such as GPS and auto-landing systems has minimized the chance for human error, especially in poor-visibility landing conditions, there is a drawback. Asiana Flight 214 is likely to become a prime example of how technology can actually cause aviation disasters instead of preventing them. Flight 214’s collision with the seawall just short of the runway at San Francisco International Airport demonstrates what can happen when technology does not work as intended.
More

Paralegals take another stab at proposed rule on voluntary certification

July 31, 2013
Dave Stafford
Marion Superior Judge David Shaheed paid tribute to the professionals of the Indiana Paralegal Association at the group’s annual meeting July 17.
More

Lucas: Send us your 2014 Leadership in Law award nominations

July 31, 2013
Kelly Lucas
Regardless of our career paths, we’ve all experienced a moment when we’ve watched a peer in action – doing his or her job and doing it very well – and the realization came that this person truly is a role model for our respective professions. Whether the admiration you feel is the result of a big win in court and is splashed across newspapers and TV screens, or the quiet day-to-day way the person works with clients and mentors young lawyers, the Indiana Lawyer would like to recognize the work ethic and dedication that makes certain lawyers stand out.
More

DTCI: Belonging to DRI can better your practice, the law and your life

July 31, 2013
Scott Kyrouac
As the DTCI state representative for DRI, I think it beneficial to remind the defense bar why membership in DRI is so important.
More

In-Box: Reader responds concerning proposed changes to state's bar exam

July 31, 2013
New lawyer responds to Indiana Lawyer about changes being considered to state's bar exam.
More

Dispute over bail bonds likely to produce a legislative solution

July 31, 2013
Marilyn Odendahl
Growing tension between the bench and bail bond agents has been shoved into the spotlight at the Statehouse and could be the subject of bills introduced during the 2014 session of the Indiana General Assembly.
More

Bell/Gaerte: 3 things to know about fixed fees arrangements

July 31, 2013
James Bell and Michael Gaerte discuss things to know before entering into a fixed fee arrangement.
More

Indiana Tech Law School shows new building to community

July 31, 2013
Indiana Tech Law School recently held a series of open houses to give professors, lawyers and community members a peek inside its new building.
More

Disciplinary Actions - 7/31/13

July 31, 2013
IL Staff
Read who's recently been suspended by the Indiana Supreme Court, received a public reprimand or resigned.
More

In Brief - 7/31/13

July 31, 2013
IL Staff
The IL Daily delivers legal news to your email inbox. In case you missed it, following is a recap of some of the stories reported online since the last issue of Indiana Lawyer. To subscribe to the IL Daily, visit www.theindianalawyer.com.
More

Judge advocates expanding Gideon to provide lawyers in non-criminal cases

July 31, 2013
Marilyn Odendahl
While some legal scholars lament the deterioration of Gideon v. Wainwright 50 years after the landmark Supreme Court of the United States decision, Marion Superior Judge David Dreyer is calling for an expansion of the principle to include civil litigants.
More

COA finds trial court acted within its discretion when calculating father’s actual income

July 30, 2013
Marilyn Odendahl
A father’s messy financial statements do not prevent a trial court from doing its own calculations and increasing his weekly child support payments, the Indiana Court of Appeals has ruled.
More
Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

ADVERTISEMENT