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Judge to allow recordings from Indy blast at trial

June 4, 2015
 Associated Press
The judge hearing the trial of a man charged in an Indianapolis house explosion says he'll allow prosecutors to present an audio recording of the screams of a man who initially survived the blast before dying.
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Developer proposes revised plan for Indy criminal justice center

June 4, 2015
IBJ Staff
The partnership that wants to develop a criminal justice center in Indianapolis has proposed a slightly scaled-down version in hopes of resurrecting the project.
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Whitestown likely to appeal Zionsville case to Supreme Court

June 4, 2015
Lindsey Erdody
A ruling from the Indiana Court of Appeals allowing Zionsville to merge with Perry Township is likely to be challenged before the state Supreme Court.
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Tax Court orders more proceedings on sale of racetrack and card club

June 3, 2015
Jennifer Nelson
The Indiana Department of State Revenue scored a partial victory in Tax Court on Wednesday when the court granted the agency's motion for summary judgment regarding whether I.C. 6-3-2-2.2 applied in its taxing of a portion of the gain generated by a Las Vegas-based corporation's sale of a horse racetrack and card club to an out-of-state company. But there are issues of genuine material fact as to whether the department correctly classified Pinnacle Entertainment's gain as business income.
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Inconsistency by trial court leads to partial reversal

June 3, 2015
Jennifer Nelson
Because a trial court hearing a child support matter at first declined to impute the income of the stepfather to the child's mother, but later treated their income as the same when it came to the cost of her child's health insurance, the Indiana Court of Appeals partially reversed a Hamilton Superior Court's 2014 ruling.
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Legislature continues support of We the People program

June 3, 2015
Marilyn Odendahl
Indiana's We the People program, a civics education curriculum that teaches elementary, middle and high school students about U.S. history and government, has received another round of funding from the Statehouse.
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Justices: Adoption agency didn’t breach duty to couple

June 3, 2015
Jennifer Nelson
The Indiana Supreme Court ruled 4-1 in favor of an adoption agency that it did not have any duties with respect to the putative father registry in excess of statutory requirements. A couple who adopted a baby through the agency – only later to have her removed from their care after the biological father contested the adoption – sued the agency alleging negligence.
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AG may appeal death penalty reversal in deputy’s slaying

June 3, 2015
IL Staff
The state is considering whether it will appeal a federal court ruling Tuesday that reversed the death penalty imposed on a man convicted of killing a Morgan County deputy sheriff nearly 14 years ago.
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Appeals court sides with EPA on air pollution limits

June 3, 2015
 Associated Press
A federal appeals court ruled Tuesday that the Environmental Protection Agency complied with the law in deciding which areas of the country failed to meet federal limits on smog-forming pollution that can cause asthma and respiratory illness.
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NCAA's top lawyer ready to keep fighting in O'Bannon case

June 3, 2015
 Associated Press
Donald Remy has an answer for those who believe the NCAA is waging a losing battle against Ed O'Bannon: Think again.
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Supreme Court pulls plug on audio-video transcript pilot project

June 3, 2015
Dave Stafford
Transcripts generated by video cameras have had their day in court in Indiana. The verdict is in favor of keeping paper records.
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Criminal defense attorney Robert Hammerle joins Pence Hensel

June 3, 2015
Marilyn Odendahl
Between them, the three defense attorneys have handled a range of cases from murder and the death penalty to fraud, civil business litigation and even treason. But on a recent morning, the trio of legal minds was gathered around the conference room table discussing the most pressing matter of that day – office furniture.
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Legislative Council assigns topics to summer committees

June 3, 2015
Marilyn Odendahl
Although a study to determine the appropriate number of courts in Pulaski County was not assigned to a summer interim committee, the Indiana Legislature may not be finished with making reductions in some state courts.
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Making room for the millennials

June 3, 2015
Marilyn Odendahl
The new generation of lawyers embraces technology and collaboration.
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Abrams: Engage with professionals to discover opportunities

June 3, 2015
Jeffrey Abrams
I would encourage recent law school graduates to remain optimistic, work hard and network with as many attorneys as you can find since you never know when the next law firm or employer will need to hire a recent graduate.
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Meeting clients in cyberspace

June 3, 2015
Marilyn Odendahl
Twenty-five years ago, people needing legal help either met with an attorney face-to-face or made a phone call. Person-to-person, they explained their problems and made up their minds if the lawyer had the answers. Today, when picking a lawyer, clients first visit the Internet.
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Notre Dame mock trial team rallies, excels after death of coach

June 3, 2015
Dave Stafford
Dawson Robinson remembers getting the shocking news that his mock trial coach, mentor and friend Drew Haase had died at age 31. Haase died on April 1, just 16 days before his beloved Fighting Irish were to make their first appearance in five years at the American Mock Trial Association national championship tournament.
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Supreme Court appoints team to look at pro se litigant problems

June 3, 2015
Marilyn Odendahl
Less than two years after appointing a commission to expand civil legal services for the indigent, the Indiana Supreme Court has assembled another group to examine the nagging problems caused by pro se litigants.
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Federal Bar Update: Removing state-court actions to federal court

June 3, 2015
John Maley
Removal of state-court actions to federal court has provided a seemingly never-ending source of procedural disputes. Fortunately many of those mind-numbing issues have been resolved in the last several years by Congress and the courts, with the Supreme Court of the United States addressing one key issue recently.
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Abeska: St. Joseph County Bar Foundation is hitting its stride

June 3, 2015
The St. Joseph County Bar Foundation's philanthropic efforts are made possible by support from attorneys and law firms, though fundraising remains a challenge for the board.
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Quick: How to get noticed by the media

June 3, 2015
Swallow your pride. Sometimes the media doesn’t believe your law firm is as important as you do.
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New laws shelter attorneys-in-fact from liability in settling estates

June 3, 2015
Dave Stafford
How long heirs have to initiate an action arising from an attorney-in-fact’s final accounting of an estate has been an open question in Indiana, but a recent change in state law settles it. Mostly.
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Open House: Connor Reporting moves up

June 3, 2015
Dave Stafford
Indiana Lawyer is launching an occasional series in this issue titled “Open House.” In it, we will feature law firms, legal service providers, and other law-related entities that have undergone a redesign of their office to improve flow and function or that have repurposed a building or space to fit the needs of today’s legal providers. This issue features Connor Reporting.
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Kissel: Keeping the business in the family

June 3, 2015
Passing the family business to the next generation is likely to be one of the biggest projects of the owner’s lifetime. Family business succession is the process of transitioning the governance and ownership of a closely held business to the next generation.
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Injured man fails to convince COA he was mentally incompetent

June 2, 2015
Marilyn Odendahl
A split Indiana Court of Appeals found that affidavits from an injured man’s family members as to his mental competency were not sufficient to overcome his failure to file a complaint before the statute of limitations had expired.
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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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