Legal News

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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Uncle has no statutory right to post-adoption visitation

July 30, 2013
Marilyn Odendahl
An uncle’s post-adoption visitation rights were overturned on the grounds that he was not within any statutory category of individuals entitled to visitation rights.
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7th Circuit: New indemnity provision does not release employer from liability

July 30, 2013
Marilyn Odendahl
An employer will have to pay $4.23 million after the 7th Circuit Court of Appeals was unconvinced by the employer’s argument that language in a later contract superseded that of an earlier contract.
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Undisputed will makes daughter’s appointment as special administrator improper

July 30, 2013
Marilyn Odendahl
Because the special administrator provision in the Indiana Code did not apply, the Indiana Court of Appeals has ruled the trial court did not abuse is discretion when it removed a special administrator of an estate without considering the state statute.
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Forum on state’s new expungement law scheduled for Aug. 7

July 30, 2013
IL Staff
To address the confusion that has been growing since the state’s new expungement law took effect, a group of state and local lawmakers from Marion County have scheduled a public forum and panel discussion to answer questions about removing old criminal offenses from individual records.
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Brizzi hit with another legal malpractice suit

July 29, 2013
Dave Stafford
Defrocked Secretary of State Charlie White has sued Carl Brizzi, the former Marion County prosecutor who represented White during a criminal case that led to his removal from office. White's lawsuit makes a claim of legal malpractice.
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  1. I gave tempparry guardship to a friend of my granddaughter in 2012. I went to prison. I had custody. My daughter went to prison to. We are out. My daughter gave me custody but can get her back. She was not order to give me custody . but now we want granddaughter back from friend. She's 14 now. What rights do we have

  2. This sure is not what most who value good governance consider the Rule of Law to entail: "In a letter dated March 2, which Brizzi forwarded to IBJ, the commission dismissed the grievance “on grounds that there is not reasonable cause to believe that you are guilty of misconduct.”" Yet two month later reasonable cause does exist? (Or is the commission forging ahead, the need for reasonable belief be damned? -- A seeming violation of the Rules of Profession Ethics on the part of the commission) Could the rule of law theory cause one to believe that an explanation is in order? Could it be that Hoosier attorneys live under Imperial Law (which is also a t-word that rhymes with infamy) in which the Platonic guardians can do no wrong and never owe the plebeian class any explanation for their powerful actions. (Might makes it right?) Could this be a case of politics directing the commission, as celebrated IU Mauer Professor (the late) Patrick Baude warned was happening 20 years ago in his controversial (whisteblowing) ethics lecture on a quite similar topic: http://www.repository.law.indiana.edu/cgi/viewcontent.cgi?article=1498&context=ilj

  3. I have a case presently pending cert review before the SCOTUS that reveals just how Indiana regulates the bar. I have been denied licensure for life for holding the wrong views and questioning the grand inquisitors as to their duties as to state and federal constitutional due process. True story: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS Shorter, Amici brief serving to frame issue as misuse of govt licensure: https://www.scribd.com/doc/312841269/Thomas-More-Society-Amicus-Brown-v-Ind-Bd-of-Law-Examiners

  4. Here's an idea...how about we MORE heavily regulate the law schools to reduce the surplus of graduates, driving starting salaries up for those new grads, so that we can all pay our insane amount of student loans off in a reasonable amount of time and then be able to afford to do pro bono & low-fee work? I've got friends in other industries, radiology for example, and their schools accept a very limited number of students so there will never be a glut of new grads and everyone's pay stays high. For example, my radiologist friend's school accepted just six new students per year.

  5. I totally agree with John Smith.

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