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Property conveyed by the entirety includes presumption of right of survivorship

July 3, 2014
Jennifer Nelson
In a question of first impression, the Indiana Court of Appeals Thursday held that when a property is conveyed by the entirety, there is a presumption the grantor intended to convey the property with the right of survivorship. It does not matter if the individuals are not husband and wife.
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Judges order SSA to determine if father is entitled to daughter’s disability benefits

July 3, 2014
Jennifer Nelson
The 7th Circuit Court of Appeals Wednesday sent a case back to the Social Security Administration after finding an administrative law judge’s decision that a woman was not totally disabled until Nov. 1, 2008, “deeply flawed.”
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Divided 7th Circuit revives Marion County Small Claims suit

July 3, 2014
Jennifer Nelson
More than eight months after Judge Richard Posner argued in a dissent that Newsom v. Friedman needs to be overruled, the 7th Circuit Court of Appeals did just that in an en banc decision involving Marion County’s Township courts.
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Counties worry about cost of criminal code changes

July 2, 2014
 Associated Press
Sweeping changes to Indiana's criminal code took effect Tuesday that will send more low-level, nonviolent criminals to community corrections programs and jails instead of state prisons, causing concern by some about the financial burden it will put on counties.
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Justices suspend 2 attorneys, concerned whether one is fit to practice

July 2, 2014
Jennifer Nelson
The Indiana Supreme Court issued two disciplinary opinions Wednesday, including a decision in which the justices suspended an Indianapolis attorney for at least 18 months, citing his “serious deficiencies in representing clients and himself.”
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Car dealer responsible for buyer’s unauthorized purchases at auction

July 2, 2014
Jennifer Nelson
After finding that a trial court did not err in reinstating an action after initially dismissing it with prejudice, the Indiana Court of Appeals affirmed summary judgment in favor of Automotive Finance Corp. on its action seeking repayment of loans made to purchase cars.
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Indiana to raise attorney registration fees

July 2, 2014
Dave Stafford
Annual registration fees for Indiana attorneys will increase nearly 25 percent, the Indiana Supreme Court announced in an order issued Monday.
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IU Maurer to begin offering scholarships to Wabash College grads

July 2, 2014
IL Staff
Indiana University Maurer School of Law and Wabash College have entered into an agreement establishing a scholarship and mentorship program for Wabash students interested in going to law school.
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ACLU sues 2 Indy police officers over car sticker

July 2, 2014
 Associated Press
An Indiana woman intended her bumper sticker reading "unmarked police car" as a joke, but two police officers didn't think it was funny. Now, they're being sued in federal court for allegedly violating the woman's free speech rights, and officials aren't laughing.
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US Justices act in other health law mandate cases

July 2, 2014
The Supreme Court of the United States on Tuesday confirmed that its decision a day earlier extending religious rights to closely held corporations applies broadly to the contraceptive coverage requirement in the new health care law, not just the handful of methods the justices considered in their ruling.
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Young knows gay marriage ruling upset some

July 2, 2014
 Associated Press
The federal judge who struck down Indiana's gay marriage ban said he's well aware his decision upset some people, but that federal judges can't let public opinion sway their decisions.
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Couples rush to marry after ruling makes same-sex marriage legal in Indiana

July 2, 2014
Marilyn Odendahl, Dave Stafford
The race to the courthouse began for many couples shortly after Richard Young, chief judge of the U.S. District Court for the Southern District of Indiana, issued a ruling that declared Indiana’s ban on same-sex marriage unconstitutional and permanently enjoined the state defendants from enforcing the laws barring same-sex marriage.
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Judge says no to Love but yes to marriage

July 2, 2014
Marilyn Odendahl
Two days after a judge overturns Indiana's ban on same-sex marriage, the 7th Circuit Court of Appeals granted the state’s request to stay the ruling pending an appeal.
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Faegre Baker Daniels attorney nationally recognized for legal prose

July 2, 2014
Marilyn Odendahl
Faegre Baker Daniels LLP attorney Norman Tabler has found blog writing to be the perfect medium for his brand of humor and insight. The mundane topics he makes funny; the lively developments he makes hilarious.
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Financial picture worsens for Marion County courts

July 2, 2014
Dave Stafford
In Marion County, the funding shortfall is projected to be $4.6 million for 2015. Courts are routinely dealing with persistent shortfalls to support guardians ad litem appointed to represent juveniles in child in need of services cases.
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Indianapolis law grads reflect on Maennerchor years

July 2, 2014
Dave Stafford
Not quite 50 years have passed since Indiana University’s law school in Indianapolis moved from the Maennerchor Building. The old place is long gone, but some of its last graduates gathered recently to share memories of a time that holds special meaning.
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Mastering the law without a J.D.

July 2, 2014
Marilyn Odendahl
The move by two Indiana law schools to follow a national trend and offer master’s degrees to non-lawyers has many practicing lawyers asking where the graduates of these programs will fit into the legal profession.
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Early education efforts expose youth to various careers in law

July 2, 2014
Dave Stafford
Harrison Ndife and his peers gathered at the end of a long week to kick back, talk shop and do a little networking. A rising sophomore at Terre Haute South High School, Ndife had just completed the Summer Legal Institute along with 39 other eighth-graders and high-schoolers. They learned what it will take for them to become lawyers and where their place in the profession might be.
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DTCI: Would you choose to be a lawyer if you had a do-over?

July 2, 2014
Renee Mortimer
“If you could do it all over again, would you still be a lawyer?” Anyone reading this has probably been asked the question. I myself cannot think of anything else that I would do, and of course, my answer is “Yes!”
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Federal Bar Update: Rule 30(b)(6) depositions

July 2, 2014
John Maley
One of the most useful tools in discovery is the Rule 30(b)(6) deposition, allowing a party to depose an entity, which must then produce one or more witnesses to testify to enumerated topics.
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Inside the Criminal Case: Passive vs. forcible resistance

July 2, 2014
James Bell, K. Michael Gaerte
The Court of Appeals recently brought us the story of a woman, her dog and her not-so Gandhi-like attempt at passive resistance when her dogs were investigated for biting. The question before the Court of Appeals was whether this passive resistance was criminal.
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Hammerle On … '22 Jump Street,' 'The Grand Seduction'

July 2, 2014
Robert Hammerle
Bob Hammerle says if movie heroes are more irritable than loveable, no film can succeed. In "The Grand Seduction," they were dedicated to a fraud that you sadly grew to resent.
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BGBC: 10 crushing questions to ask a business valuation expert

July 2, 2014
As part of your cross-examination, you wish to attack the expert’s work. You’re supposed to ask about the methodology, assumptions, procedures and how the opinion of value was determined. These are standard questions asked in cross-examination that we expect to hear. What about those questions that are not standard, but just as effective if not more?
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7th Circuit grants motion recognizing marriage of same-sex couple in Indiana

July 1, 2014
Marilyn Odendahl
The 7th Circuit Court of Appeals has issued an order compelling the state of Indiana to recognize the marriage of one same-sex couple.
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Transition period starting as new criminal code takes effect

July 1, 2014
Marilyn Odendahl
Criminal court judges in Indiana have now begun instituting the most comprehensive overhaul to the state’s criminal code in more than 30 years.
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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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