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COA: Theories presented to trial court in med-mal cases were presented to review panels

February 22, 2017
Olivia Covington
After finding that evidence of disputed medical malpractice theories in two cases were presented to the medical review panels in each, Indiana Court of Appeals has reversed summary judgment in favor of a health care provider in one case but is allowing the provider in the other to present evidence related to a subsequent malpractice theory against him.
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Valparaiso schools looking at 'Teen Court' discipline effort

February 22, 2017
 Associated Press
A northern Indiana school board is exploring the idea of adding a "Teen Court" for students who get in minor trouble.
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State appeals triple-murder conviction reversal to US Supreme Court

February 22, 2017
IL Staff
A man’s murder convictions vacated in a habeas decision by the en banc 7th Circuit Court of Appeals should be reviewed by the United States Supreme Court, the Indiana Attorney General’s Office says.
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Man ruled competent to stand trial in officer's slaying

February 22, 2017
 Associated Press
A man accused in the fatal shooting of an Indianapolis police officer has been found competent to understand the charges against him.
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Man’s forgery convictions for bogus check affirmed

February 22, 2017
Dave Stafford
A man who tried to pass a bogus check for $2,248.33 at two Marion grocery stores failed to persuade an appellate panel to reverse his convictions because of insufficient evidence. He argued in part his conviction shouldn’t stand because the stores had no video cameras.
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Despite inadmissible testimony, molestation conviction affirmed

February 22, 2017
A trial court erred in allowing evidence of a defendant’s alleged prior bad acts at his child molestation jury trial, but based on other corroborating evidence, the admission was harmless, the Indiana Court of Appeals ruled Wednesday.
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Divided full 7th Circuit allows inmate death case to go to trial

February 22, 2017
Olivia Covington
A woman whose son was found dead in an Indiana Department of Correction facility can now take her case to trial after a divided en banc 7th Circuit Court of Appeals reversed summary judgment in favor of the health care providers who treated her chronically ill son.
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Defendant’s testimony makes admission error harmless

February 22, 2017
Marilyn Odendahl
Although unauthenticated videos and photos showing a defendant appearing to make methamphetamine should not have been admitted at trial under the silent-witness theory, the Indiana Court of Appeals found the error was harmless because of the defendant’s own testimony.
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Robing ceremony planned for former senator elected to St. Joseph bench

February 22, 2017
IL Staff
A former Indiana senator who was recently elected to St. Joseph Circuit Court will be honored this week.
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Forums scheduled to discuss race and gender

February 22, 2017
IL Staff
The Indiana Supreme Court’s Race & Gender Fairness Commission is inviting the public to participate in a series of discussions about the status of race and gender in the judicial system.
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Task force recommends changes to Indiana Bar Exam and grading system

February 22, 2017
Marilyn Odendahl
After more than a year of study, a task force convened by the bar associations in Indianapolis has concluded part of the Indiana Bar Exam tests on “fake laws” and the revised grading system may be forcing the Board of Law Examiners to fail more students.
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For some firms, splitting office space and expenses is best practice

February 22, 2017
Dave Stafford
For many firms, splitting office space and sharing resources is a strategy that makes good business sense. But such arrangements aren’t without challenges.
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Merit selection for Marion County a path back to court?

February 22, 2017
Dave Stafford
As the General Assembly weighs a new means of choosing Marion County judges, critics of the proposed merit-selection system say its enactment will almost guarantee another court fight.
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No slowdown in expungements

February 22, 2017
Marilyn Odendahl
The number of petitions filed around the state remains high, but clerks and attorneys say they have adjusted to the workload.
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Legal aid agencies jointly seek $210,000 expungement grant

February 22, 2017
Marilyn Odendahl
In what is believed to be a first, Indiana Legal Services Inc., Indianapolis Legal Aid Society and the Neighborhood Christian Legal Clinic are hoping to collaborate on a single project that they say will help people overcome hurdles to employment and give communities an economic boost.
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ABA watches law schools’ attrition, bar pass rates

February 22, 2017
Marilyn Odendahl
At the mid-year meeting of the American Bar Association held in early February, legal education was in the spotlight or, some might say, the hot seat.
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Hispanic lawyers’ past experiences draw them to immigration law

February 22, 2017
Olivia Covington
Representing individual immigration litigants makes sense for many Hispanic attorneys because they have seen members of their own families move through the process of becoming either a legal citizen or lawful permanent resident of the United States.
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Lawmakers consider attorney anti-indemnification bill

February 22, 2017
Olivia Covington
A bill designed to prohibit attorneys from indemnifying themselves from legal malpractice claims is up for consideration by the Indiana House of Representatives, but some malpractice attorneys say the measure may not be necessary in light of existing rules of conduct.
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Reuhs: Insurance coverage for the internet of things

February 22, 2017
The “internet of things” appears to represent the next wave of new liabilities: cars being remotely controlled by hackers or medical devices being used as access points for theft of medical records.
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WKW: Automobile insurance coverage without entering your car

February 22, 2017
One of the lesser known benefits of uninsured and underinsured motorist coverage is that it does not require insureds to be inside an automobile. This is because most policies frame the coverage as applying when the insured is legally entitled to recover from an uninsured or underinsured motorist because of an accident, but they do not specify where the insured has to be when the accident occurs.
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Eye on the Profession: Dr. King’s timeless words from 50 years ago still ring true

February 22, 2017
John Trimble
Is our legal profession confronted with “fierce urgency?” I submit that we are.
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Neutral Corner: Experts advise to ‘think slow’ when handling mediations

February 22, 2017
John Van Winkle
The tendency for decision-makers to respond first with an intuitive (and often wrong) response has significant implications for both mediators and advocates.
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Supreme Court to hear HHGregg, managers’ incentive fight

February 22, 2017
Dave Stafford
The Indiana Supreme Court will hear a case Feb. 23 in which a trial court and the Indiana Court of Appeals reached opposite conclusions about whether key HHGregg managers were entitled to incentive bonuses triggered by the company’s receipt of $40 million from an executive’s life insurance proceeds.
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Hammerle’s 2016 Oscar predictions

February 22, 2017
Robert Hammerle
Once again, the Oscars are upon us, and it’s time that I stare into my admitted fuzzy crystal ball. I wouldn’t go to Vegas and bet on my predictions, but I’m not afraid to be wrong.
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Justices reject appeal of tea party groups over IRS review

February 21, 2017
 Associated Press
The U.S. Supreme Court has rejected an appeal from a nonprofit group that wanted to sue individual IRS officials for targeting tea party groups that applied for tax-exempt status.
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  1. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  2. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  3. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  4. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

  5. to answer your questions, you would still be practicing law and its very sad because we need lawyers like you to stand up for the little guy who have no voice. You probably were a threat to them and they didnt know how to handle the truth and did not want anyone to "rock the boat" so instead of allowing you to keep praticing they banished you, silenced you , the cowards that they are.

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