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Indiana responds to convicted ex-officer's appeal

October 22, 2014
 Associated Press
Indiana has responded to a former Indianapolis police officer's appeal of his convictions in a fatal drunken driving crash.
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Lawyer’s book retraces Indy’s infamous Sylvia Likens murder case

October 22, 2014
Dave Stafford
Almost 50 years later, Forrest Bowman Jr. is talking about the murder case involving Indianapolis teen Sylvia Likens, something he’s not done much of in the past. His just-released book, “Sylvia: The Likens Trial,” presents a thorough, inside, day-by-day recollection of a trial that captivated and horrified the state in 1966.
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SCOTUS denial of cases opens door to new same-sex-couple issues

October 22, 2014
Marilyn Odendahl
Now that same-sex marriage is legal in Indiana, the courts will have to settle issues and questions that will arise in other areas, such as family law.
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Attorneys debate impact of reality crime TV shows on the judicial process

October 22, 2014
Marilyn Odendahl
The reality television show “Cold Justice” linked Earl Taylor to the 1975 murder of his first wife, Kathy Taylor. Dennis Majewski, Earl Taylor's attorney, said the TV program carried by the TNT cable network, and a follow-up newspaper article that told viewers the episode was available on YouTube, led him to doubt he could find an untainted jury in Vigo County.
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Lawmakers in no rush to fix Marion County’s judicial selection process

October 22, 2014
Dave Stafford
Marion County’s unique power-sharing judicial-election system won’t be fixed anytime soon, even though a federal judge has ruled the four-decade-old system is unconstitutional.
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Pharmacist’s snooping is a prescription for trouble

October 22, 2014
Dave Stafford
Walgreen’s appeal of $1.8M judgment in favor of customer raises patient privacy issues.
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Re-routing the school-to-prison pipeline

October 22, 2014
Marilyn Odendahl
Tippecanoe County is just one of a handful of sites across the nation participating in a special initiative designed to constrict the flow of minors into the juvenile justice system and give them a second chance.
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When municipal growth clashes with property owners, the result is annexation headaches

October 22, 2014
Marilyn Odendahl
A 644-acre swath of rural Hancock County land is at the heart of a contentious annexation battle that illustrates what municipalities say is the need to get control of property before development happens. The case also brings to light what may be a shift in the judiciary’s attitude toward remonstrators.
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Inside the Criminal Case: Contempt, punctuality and expressing yourself to a court

October 22, 2014
James Bell, K. Michael Gaerte
We advise our clients that unfortunately, delays can be part of the court experience. However, one thing we have never advised our clients to do is “tell the court how you really feel.” Or, as Dave Chappelle would say, we have never advised our clients to “keep it real” with the court.
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Public-private partnerships’ popularity peaking

October 22, 2014
Dave Stafford
In an era of tight lending for construction, public-private partnerships are a solution to get desired projects funded and under way. Attorneys who represent parties in such deals say nuanced negotiations hold the key for deals with a shared vision but sometimes competing interests.
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Laurin: Well-crafted contracts can avoid subrogation disputes

October 22, 2014
Most Indiana construction law practitioners would probably agree that Indiana caselaw on construction issues is hardly robust. One exception is cases that address the enforceability of waiver of subrogation provisions (usually under AIA contracts) to prevent claims for damage to the “Work” (again usually as defined by AIA contracts) when a builder’s risk policy should or does cover the damage.
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Singer/Jones: A survival guide for zombie construction projects

October 22, 2014
In real estate and construction, zombies really are all around us. Structures with no life inside scar the real estate landscape in every major city – the abandoned automobile-parts manufacturing facility; the half-completed condo building; the vacant video store with its giant, empty parking lot; the literal hole in the ground surrounded by rusted construction fencing and graffiti – all threatening the health and safety of the structures and inhabitants around them.
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Federal Bar Update: Minor rule changes and attorney-client privilege

October 22, 2014
John Maley
Any amendments to various federal rules always take effect Dec. 1. Some years there are significant changes, other years few or no amendments are in play. This December is very modest in terms of federal rule amendments.
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DTCI: Proceed with caution and civility during depositions

October 22, 2014
As a young lawyer, I have quickly learned that this friction between our duties to our clients and our duty to behave civilly becomes overly apparent at depositions. Without a doubt, depositions are an extremely effective and widely used discovery tool. They present great opportunity to gain valuable facts that can be used against an opponent. That being said, they also present great opportunity for incivility, especially because depositions are generally held outside a judge’s supervision.
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Living Fit: Sitting is killing you, so get moving

October 22, 2014
Sharon McGoff
How is a chair like a cigarette? They can both kill us.
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Start Page: Take a few (more) steps toward a ‘paper-less’ office

October 22, 2014
Seth Wilson
Law firms will likely never be completely paperless (i.e., completely electronic). A good goal for firms, courts and attorneys is to use less paper and be more “paper-less.” This article presents four steps you can take to reduce the use of, and reliance on, paper in practice.
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Hammerle On… 'Gone Girl,' 'The Judge'

October 22, 2014
Robert Hammerle
Bob Hammerle says "The Judge" can't be saved by the appearance of brilliant actors Robert Downey Jr., Robert Duvall and Vera Farmiga.
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Court hearing set for Gary man linked to 7 deaths

October 21, 2014
 Associated Press
A Gary man who police say confessed to killing one woman, helped investigators find six other bodies and indicated there may be more is scheduled to make his first court appearance.
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Judges participate in public forum asking ‘Is Indianapolis the next Ferguson?’

October 21, 2014
Marilyn Odendahl
A public forum in Indianapolis between law enforcement and the community meant to discuss ways the Circle City could avoid exploding like Ferguson, Missouri, instead highlighted the distrust local residents have of police officers.
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Judge must face federal lawsuit over drug court detentions

October 21, 2014
Dave Stafford
Clark Circuit Judge Jerome Jacobi must face a federal lawsuit from drug court participants who allege they were improperly detained or unlawfully arrested as participants in the problem-solving court he oversaw.
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Split COA reverses denial of post-conviction relief

October 21, 2014
Dave Stafford
A defense attorney’s failure to raise the consecutive sentencing limitation prejudiced his client, the majority of a Court of Appeals panel ruled, reversing denial of post-conviction relief for a man convicted of multiple burglaries. The court remanded for resentencing to trim six years off a 28-year prison term.
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Court of Appeals to hear arguments at IU Maurer

October 21, 2014
IL Staff
Indiana University Maurer School of Law will host an oral argument of the Indiana Court of Appeals Wednesday at the school’s moot court.
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St. Joseph County gets $399,000 grant to fight elder abuse

October 21, 2014
IL Staff
St. Joseph County will receive a $399,000 Department of Justice grant for training and services designed to combat violence against elderly and vulnerable populations.
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Pain clinic head faces prescription investigation

October 21, 2014
 Associated Press
State officials want the medical license suspended for a doctor who runs a string of Indiana clinics over his prescribing of pain medications.
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Indiana panel not making ethics suggestions

October 21, 2014
 Associated Press
A state legislative panel isn't making any recommendations on ethics rule changes that the General Assembly is expected to consider during its upcoming session.
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  1. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  2. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  3. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  4. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

  5. Thank you, Honorable Ladies, and thank you, TIL, for this interesting interview. The most interesting question was the last one, which drew the least response. Could it be that NFP stamps are a threat to the very foundation of our common law American legal tradition, a throwback to the continental system that facilitated differing standards of justice? A throwback to Star Chamber’s protection of the landed gentry? If TIL ever again interviews this same panel, I would recommend inviting one known for voicing socio-legal dissent for the masses, maybe Welch, maybe Ogden, maybe our own John Smith? As demographics shift and our social cohesion precipitously drops, a consistent judicial core will become more and more important so that Justice and Equal Protection and Due Process are yet guiding stars. If those stars fall from our collective social horizon (and can they be seen even now through the haze of NFP opinions?) then what glue other than more NFP decisions and TRO’s and executive orders -- all backed by more and more lethally armed praetorians – will prop up our government institutions? And if and when we do arrive at such an end … will any then dare call that tyranny? Or will the cost of such dissent be too high to justify?

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