Legal News

Gun seizure case presents first impression issue

September 25, 2013
Dave Stafford
A man whose 51 guns were ordered seized by a judge who determined him dangerous after his behavior alarmed Bloomington police near the site where missing Indiana University student Lauren Spierer was last seen is asking the Indiana Supreme Court to return his firearms.
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Indiana Judges Association: Are changes needed to ‘change of judge’ rule?

September 25, 2013
David Dreyer
Marion Superior Judge David Dreyer discusses the "Change of Judge" rule in this issue of Indiana Lawyer.
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Indiana Tech dedicates law school, answers critics

September 25, 2013
Marilyn Odendahl
Amid much pomp and circumstance, Indiana Technical Institute welcomed its new law school by reiterating its vision of legal education, praising its students and faculty, and pushing back against critics.
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Mediating Justices: Former justices find that ADR is often a fertile field for life after the court

September 25, 2013
Dave Stafford
After years deciding disputes in the state’s highest court, two former justices now devote at least part of their practices to helping feuding parties find their own resolutions.

Former Indiana Supreme Court Justices Ted Boehm and Myra Selby each count corporate clients in their mediation and alternative dispute resolution portfolios, Boehm with Van Winkle Baten Dispute Resolution and Selby with Ice Miller LLP.
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Special task force going word-by-word through ADR rules

September 25, 2013
Although the privacy of mediation has been affirmed by the Indiana Supreme Court, the possibility that confidential conversations could become public highlighted the need to clarify and possibly change the state’s rules for alternative dispute resolution.
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Arbitrator's unavailability will not stop arbitration from starting

September 25, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found an arbitration agreement’s “plain language” trumps a woman’s attempt to stop the alternative dispute resolution process.
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DTCI: Determining personal jurisdiction in the Twitterverse

September 25, 2013
John Twohy
What are, or should be, the contours of personal jurisdiction over foreign defendants who are alleged to have defamed forum residents using social media? The answer will vary depending on the social media platform at issue and the details of the communication at issue.
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Bell & Gaerte: 3 things to know about legal advertising

September 25, 2013
James Bell, K. Michael Gaerte
The Indiana Rules of Professional Conduct define the term “advertising” broadly. Ind. Professional Conduct Rule 7.2(a) defines “advertising” as “any manner of communication partly or entirely intended or expected to promote the purchase or use of professional services.” (Emphasis added) Therefore, these rules cover communications on your website, blog and even social media. Regardless of whether or not you advertise on billboards, you likely need to pay attention to the advertising rules. Here are three things to know about legal advertising.
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Quality of Life: Sometimes a small change is all you really need

September 25, 2013
Jonna Kane MacDougall
Did you ever notice the amazing difference that a fresh coat of paint can make for your house, or a single room, or even an aging piece of furniture? A fresh coat of paint can rejuvenate your surroundings and make them seem brand new.
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Dean's Desk: Blend of theory and practice will make Tech Law unique

September 25, 2013
Peter Alexander

In August of this year, Indiana Tech Law School opened its doors in Fort Wayne with a commitment to changing the way legal education prepares students. Despite the national news reporting that there are too many law schools and not enough jobs and the Internet blogs criticizing all new start-ups as a waste of a student’s money, Indiana Tech Law School was established, in part, to respond to the criticism that law schools are not adequately training students to become effective legal professionals.

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Sidebars: Bakery & café makes Shelbyville court date a bit sweeter

September 25, 2013
Jennifer Lukemeyer, Fred Vaiana
Sidebars reviews and rates eateries lawyers may enjoy visiting when working at courthouses throughout Indiana. Fred offers this weeks review of Linnes Bakery & Cafe.
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Indiana psychologists question qualifications for insanity evaluations

September 24, 2013
Marilyn Odendahl
The Indiana Psychological Association tried to convince members of the Indiana General Assembly to make a key change to state law governing insanity evaluations Sept. 24, but legislators seemed skeptical of the need for a revision.
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Appeals court upholds allowing represented defendant to argue pro se

September 24, 2013
Dave Stafford
A criminal defendant represented by counsel who unsuccessfully argued on his own to withdraw a guilty plea to a Class A felony charge of dealing cocaine had a burden of proving manifest injustice, which he failed to do, the Indiana Court of Appeals ruled Tuesday.
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Tax Court affirms assessments of Shelbyville CVS store

September 24, 2013
Dave Stafford
The assessment of a Shelbyville CVS store is lower than the county wanted, higher than the drugstore chain wanted, but just right, the Indiana Tax Court concluded.
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416 pass July bar exam

September 24, 2013
Dave Stafford

July 2013 bar exam results were published today, and 416 of 557 people sitting for the test passed, according to statistics posted by the Indiana Board of Law Examiners.

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Commission recommends 1-year suspension for lawyer due to email criticism of judge

September 24, 2013
Dave Stafford
Indianapolis attorney and blogger Paul K. Ogden should be suspended from the bar for a year without automatic reinstatement for private communications criticizing a judge, the Indiana Disciplinary Commission recommended Monday.
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ABA Legal Education Task Force calls for law school innovation

September 23, 2013
Marilyn Odendahl
The American Bar Association Task Force for the Future of Legal Education, led by Randall Shepard, retired chief justice of the Indiana Supreme Court, issued its draft report Friday, Sept. 20, with recommendations for improving law schools.
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Longest-serving Lake Superior judge takes leave

September 23, 2013
Dave Stafford
The longest-serving Lake Superior judge is stepping aside, at least temporarily, effective today, according to an order of the Indiana Supreme Court.
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Stopped traffic snarls purse snatcher’s getaway scheme

September 23, 2013
Marilyn Odendahl
Although the getaway car moved only a few feet after being stopped by police, a man in the passenger seat still was properly convicted of resisting law enforcement because he instructed the driver of the car to “take off.”
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Stable owner liable for unemployment tax, appeals court affirms

September 23, 2013
Dave Stafford
The owner of a Zionsville horse stable lost her appeal of a determination that she owed unemployment insurance tax for employees because they performed non-agricultural work.
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Bad check in exchange for loan leads to conviction

September 20, 2013
Marilyn Odendahl
A woman who got bail money from a friend by giving him a bad check failed to prove she did not purposely mislead and deceive him.
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Guantanamo court reporters to address convention

September 20, 2013
IL Staff
Court reporters part of the “StenOps” team reporting the military tribunal hearings of suspected terrorists at Guantanamo Bay, Cuba, will be among the featured speakers at the annual convention of the Indiana Shorthand Reporters Association Sept. 27-29.
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Court cites 1827 case to affirm mortgage trumps land contract

September 20, 2013
Dave Stafford
A bank that issued a mortgage to a person selling a property on a land contract has the right to foreclose on the loan, the Indiana Court of Appeals ruled, citing caselaw nearly 200 years old.
 
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St. Thomas More Society plans Red Mass, honors for Zore

September 20, 2013
IL Staff
The St. Thomas More Society of Indianapolis will honor Marion Superior Probate Court Judge Gerald Zore with its Man for All Seasons award following its annual Red Mass on Wednesday, Oct. 9.
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Protective order reversed for lack of evidence

September 19, 2013
Dave Stafford
A divorcing woman’s protective order against her soon-to-be ex-husband was not supported by evidence, an appeals panel ruled Thursday in reversing the trial court’s order.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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