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SCOTUS adds IRA dispute in effort to avoid future chaos

January 15, 2014
Marilyn Odendahl
In agreeing to hear an appeal on the question of whether retirement funds remain retirement funds after they are inherited, the Supreme Court of the United States seems to be acknowledging that what is today a rare question could arise more often as the population ages and more parents leave money to their children.
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Inside the Criminal Case: Technology aids review of questioning technique

January 15, 2014
James Bell, K. Michael Gaerte
Danielle Kelly v. State is the first time that the Indiana Supreme Court has addressed law enforcement’s use of the “question first, Mirandize second” questioning technique. 997 N.E.2d 1045 (Ind. 2013). Kelly also provides additional focus on the role technology plays in the changing scope of suspect/law enforcement interaction.
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Federal Bar Update: Court launches new website, case management plan

January 15, 2014
John Maley
The Southern District’s website is revamped, with a new and improved look and feel. The case opinion search feature remains and allows searching by judge and/or date. It can be a useful tool to get recent standards, for instance, on common issues.
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Duncan: Learn these estate planning changes

January 15, 2014
After many years of complete uncertainty with the federal estate tax, there is now a law in place that provides some level of predictability. Further, in 2013, Indiana repealed its inheritance tax. Indiana’s inheritance tax was known as one of the most onerous of all the states and resulted in many snowbirds making Florida their permanent home.
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Hammerle on... 'The Wolf of Wall Street,' 'Saving Mr. Banks'

January 15, 2014
Robert Hammerle
Bob Hammerle says Emma Thompson shines in her role in "Savings Mr. Banks."
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Living Fit: Maintain No Gain participants stay lean

January 15, 2014
Sharon McGoff
I hope you realize anyone can make positive changes to their health, no matter the circumstances that impede your path. I hope you enlist the help of a buddy or coach to help motivate you to gain new habits and lose destructive behaviors.
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McKinney honored for efforts to eliminate discrimination

January 14, 2014
IL Staff
Attorney and law school benefactor Robert H. McKinney is being honored by the Anti-Defamation League for his work combating discrimination and hate.
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Snoozing worker wins reversal on ADA claim against employer

January 14, 2014
Marilyn Odendahl
An Indiana company violated the Americans with Disabilities Act when it fired an employee for falling asleep on the job after it learned the worker had a medical condition covered by the federal protection.
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Rockport plant opponents appeal quick permit extension

January 14, 2014
Dave Stafford
Environmental groups opposed to a controversial coal gasification plant proposed for southwest Indiana have asked for state administrative review of a permit that was extended without a hearing on the day it was set to expire.
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Charlie White stays free pending appeal

January 14, 2014
Dave Stafford
Convicted former Secretary of State Charlie White’s sentence of one year of home detention will not be executed pending his post-conviction relief appeal, a judge ruled last week.
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House committee ends hearing without vote on marriage amendment

January 13, 2014
Marilyn Odendahl
After more than three hours of testimony, the House of Representatives Judiciary Committee recessed Monday without taking a vote on the constitutional marriage amendment and accompanying bill.
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Justices to review teacher’s explicit messages to student

January 13, 2014
Dave Stafford
A Starke County teacher who was charged with sending sexually explicit Facebook messages to a 16-year-old student will have to face the Indiana Supreme Court, which will review the Court of Appeals’ order to dismiss the counts.
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Bankruptcy Court seeks comment on local rule changes

January 13, 2014
IL Staff
The public has until Jan. 31 to comment on proposed amendments to local rules in the U.S. Bankruptcy Court in the Southern District of Indiana. Local Rules that have been amended include B-1007-2, Noticing, Balloting and Claims Agents and B-9010-1, Appearances.
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Longtime Lake Superior judge dies at 78

January 10, 2014
IL Staff
Lake Superior Judge Gerald N. Svetanoff, 78, died Wednesday. Svetanoff was the longest-serving Lake Superior judge at the time of his death.
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7th Circuit: Ineffective assistance claim can’t challenge deportation

January 10, 2014
Dave Stafford
A legal permanent resident who argued pro se that ineffective assistance of legal counsel led to his deportation after he pleaded guilty to cocaine distribution failed to persuade the 7th Circuit Court of Appeals to reinstate his claim that was dismissed by a federal court.
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Henderson, Shepard among most influential in legal education

January 10, 2014
IL Staff
National Jurist magazine has named two Indiana University faculty members to its list of the 25 most influential people in legal education.
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Supreme Court suspends Judge Kimberly Brown pending final discipline

January 9, 2014
Dave Stafford
The Indiana Supreme Court has suspended Judge Kimberly Brown as justices consider a recommendation that she be removed from the bench for multiple violations of the Code of Judicial Conduct.
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College cook not erroneously denied unemployment benefits

January 9, 2014
Jennifer Nelson
A cook at St. Joseph’s College in Rensselaer couldn’t convince the Indiana Court of Appeals that he was entitled to unemployment benefits for the summer of 2012.
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COA reverses treble damages in business deal gone bad

January 9, 2014
Jennifer Nelson
A trial court erred in awarding treble damages to an Indiana man who entered into a business venture with a North Carolina couple that ended up costing him more than $1 million in money owed to him, the Indiana Court of Appeals concluded Thursday.
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Indiana has no jurisdiction in case of damaged boat

January 9, 2014
Jennifer Nelson
The Indiana Court of Appeals found a plaintiff’s claims that personal jurisdiction existed in Indiana over a Michigan company involved in a lawsuit about his damaged boat didn’t hold water.
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Woman did not breach duty to man injured while on property uninvited

January 9, 2014
Jennifer Nelson
Summary judgment was properly awarded to the owner of lake-front residential property in a man’s lawsuit filed after he was seriously injured in a hammock accident while on her property uninvited, the Indiana Court of Appeals held Thursday.
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Rep. Turner introduces resolution defining marriage

January 9, 2014
IL Staff
Rep. Eric Turner, R-Cicero, filed House Joint Resolution 3 Thursday, which looks to ban same-sex marriage in Indiana through the state Constitution. He also introduced a bill describing the legislative intent of offering the amendment.
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Evansville federal, bankruptcy courts remain closed

January 9, 2014
IL Staff
The U.S. District and Bankruptcy courts in Evansville remain closed Thursday after a water main break this week. The closure is a result of ongoing repair to the water main.
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7th Circuit orders judge to reconsider sentence

January 8, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals ordered a limited remand in a drug case Tuesday after finding the lower court should have sentenced the defendant based on the Fair Sentencing Act of 2010, which took effect after his crimes were committed but before he was sentenced.
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Dickson State of Judiciary set

January 8, 2014
IL Staff
Indiana Chief Justice Brent Dickson will deliver his second State of the Judiciary address to the General Assembly next week.
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  1. Thank you, John Smith, for pointing out a needed correction. The article has been revised.

  2. The "National institute for Justice" is an agency for the Dept of Justice. That is not the law firm you are talking about in this article. The "institute for justice" is a public interest law firm. http://ij.org/ thanks for interesting article however

  3. I would like to try to find a lawyer as soon possible I've had my money stolen off of my bank card driver pressed charges and I try to get the information they need it and a Social Security board is just give me a hold up a run around for no reason and now it think it might be too late cuz its been over a year I believe and I can't get the right information they need because they keep giving me the runaroundwhat should I do about that

  4. It is wonderful that Indiana DOC is making some truly admirable and positive changes. People with serious mental illness, intellectual disability or developmental disability will benefit from these changes. It will be much better if people can get some help and resources that promote their health and growth than if they suffer alone. If people experience positive growth or healing of their health issues, they may be less likely to do the things that caused them to come to prison in the first place. This will be of benefit for everyone. I am also so happy that Indiana DOC added correctional personnel and mental health staffing. These are tough issues to work with. There should be adequate staffing in prisons so correctional officers and other staff are able to do the kind of work they really want to do-helping people grow and change-rather than just trying to manage chaos. Correctional officers and other staff deserve this. It would be great to see increased mental health services and services for people with intellectual or developmental disabilities in the community so that fewer people will have to receive help and support in prisons. Community services would like be less expensive, inherently less demeaning and just a whole lot better for everyone.

  5. Can I get this form on line,if not where can I obtain one. I am eligible.

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