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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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Finding victims in Gary case a lengthy process

October 21, 2014
 Associated Press
Investigators in two states are reviewing unsolved murders and missing person reports after the arrest of an Indiana man who police say confessed to killing seven women and hinted at more victims over a 20-year span.
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Attorneys general target Internet trafficking

October 21, 2014
 Associated Press
Two years after a federal judge struck down a Washington law that targeted websites like Backpage.com, new state and federal efforts are again calling for more oversight of sites that offer "adult services," in the hopes of curbing sex trafficking.
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Error in admitting drug conviction was harmless, 7th Circuit rules

October 20, 2014
Marilyn Odendahl
Although a witness’s changed testimony did not open the door wide enough to allow the introduction of a defendant’s prior drug record, the prosecution’s case was still substantial without the improper evidence so the defendant’s federal conviction will stand.
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Indiana justices to hear school bus fees appeal

October 20, 2014
Dave Stafford
The Indiana Supreme Court will decide whether a public school district may charge parents a fee to transport children to and from school.
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NDLS loan repayment program growing in dollars and applications

October 20, 2014
Marilyn Odendahl
Notre Dame Law School’s program to assist its graduates who pursue careers in the public service sector has reached the $1 million milestone.
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Elkhart teens, amici seek appeal of murder convictions

October 20, 2014
Dave Stafford
The felony murder convictions of two Elkhart County teens that splintered the Court of Appeals should be heard by the Indiana Supreme Court, the defendants and amicus filers say.
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State appeals ruling invalidating Marion County judicial election law

October 20, 2014
Dave Stafford
The state is appealing a federal judge’s ruling this month declaring Marion County’s Superior judicial election statute unconstitutional.
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Judge pushes for full-time public defender office

October 20, 2014
 Associated Press
A southern Indiana judge says his county needs a full-time public defender office to ensure those who can't afford attorneys receive strong legal representation.
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  1. Hello currently just withdrew from laporte county drug court and now I have lost the woman I love which also was in drugcourt and was put in jail without a,lawyer presentfor her own safety according to the judge and they told her she could have a hearing in two weeks and now going on 30days and still in jail no court date and her public defender talks like he,s bout to just sell her up the river.

  2. I just wanted to point out that Congressman Jim Sensenbrenner, Senator Feinstein, former Senate majority leader Bill Frist, and former attorney general John Ashcroft are responsible for this rubbish. We need to keep a eye on these corrupt, arrogant, and incompetent fools.

  3. Well I guess our politicians have decided to give these idiot federal prosecutors unlimited power. Now if I guy bounces a fifty-dollar check, the U.S. attorney can intentionally wait for twenty-five years or so and have the check swabbed for DNA and file charges. These power hungry federal prosecutors now have unlimited power to mess with people. we can thank Wisconsin's Jim Sensenbrenner and Diane Feinstein, John Achcroft and Bill Frist for this one. Way to go, idiots.

  4. I wonder if the USSR had electronic voting machines that changed the ballot after it was cast? Oh well, at least we have a free media serving as vicious watchdog and exposing all of the rot in the system! (Insert rimshot)

  5. Jose, you are assuming those in power do not wish to be totalitarian. My experience has convinced me otherwise. Constitutionalists are nearly as rare as hens teeth among the powerbrokers "managing" us for The Glorious State. Oh, and your point is dead on, el correcta mundo. Keep the Founders’ (1791 & 1851) vision alive, my friend, even if most all others, and especially the ruling junta, chase only power and money (i.e. mammon)

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