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Judges rule in favor of daughter in payment dispute with nursing facility

January 30, 2014
Jennifer Nelson
A woman who signed a move-in agreement at a skilled nursing facility as a “responsible party/agent” for her mother was able to prove to the Indiana Court of Appeals she should not be liable for money owed by her mother for care while at the facility.
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Sen. Long sends marriage amendment to rules committee

January 30, 2014
IL Staff
Indiana Senate President Pro Tem David Long announced Thursday morning that House Joint Resolution 3 – which seeks to amend Indiana’s Constitution to ban gay marriage – will be heard by the Rules and Legislative Procedure Committee.
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Divided court reverses teen’s intimidation adjudication

January 30, 2014
Jennifer Nelson
Split over whether a teen’s threats toward his grandfather were intended to place the man in fear of retaliation for a prior lawful act, two Indiana Court of Appeals judges reversed a teen’s delinquency adjudication for committing intimidation.
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IU professor honored by ABA for dispute resolution work

January 29, 2014
IL Staff
Indiana University School of Public and Environmental Affairs professor Lisa Blomgren Amsler will receive the American Bar Association Dispute Resolution Section’s Award for Outstanding Scholarly Work. Amsler is one of the nation’s foremost experts in the field of dispute resolution.
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Judges affirm denial of credit time for man on electronic monitoring

January 29, 2014
Jennifer Nelson
After evaluating the statutory provisions concerning sentencing, electronic monitoring and deferral programs, the Indiana Court of Appeals ruled it was within the trial court’s discretion to deny a man credit time toward his sentence for time he spent on electronic monitoring while participating in a drug court program.
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COA split over whether damages are punitive

January 29, 2014
Jennifer Nelson
The Indiana Court of Appeals released a divided opinion Wednesday on the issue of whether damages awarded under the Indiana Sales Representative Act are punitive in nature. The majority affirmed the trial court’s ruling that damages awarded under the Act would be subject to the evidentiary standard, limitation and diversion provisions of Indiana’s punitive damages statute.
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IU McKinney dean emeritus taking legal skills to the Olympics

January 29, 2014
Marilyn Odendahl
After receiving the unexpected invitation to help at the 2014 Olympic Winter Games, Gary Roberts said he did not think about it for more than a second before accepting.
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State drops charge against woman held 154 days for 2-day sentence

January 29, 2014
Dave Stafford
A Clark County woman improperly jailed more than 150 days was freed earlier this week when prosecutors discovered she was still being held after an order that she spend 48 hours in detention.
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Attorneys statewide mark MLK Day holiday by offering free legal help

January 29, 2014
Dave Stafford
Hundreds of Hoosiers received free legal help in January thanks to efforts of local and state bar groups that marked the Martin Luther King Jr. holiday by providing free legal assistance.
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Every defendant has a story

January 29, 2014
Marilyn Odendahl
After 11 grueling years on the high-profile Camm murder case, attorney Stacy Uliana believes justice was served.
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Right to equal access at center of federal lawsuit

January 29, 2014
Marilyn Odendahl
A courtroom spectator’s persistent requests to two trial courts for an interpreter raises questions of how accessible Indiana courts should be for people who have disabilities as well as how much control the state judiciary has over local judges.
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Attorneys finding more link rot online

January 29, 2014
Marilyn Odendahl
Just a few days after the 7th Circuit Court of Appeals issued its opinion in his case, attorney Brian Paul searched for the website the court had cited and discovered not everything on the Internet is permanent.
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As money for justice declines, many don’t see potential cost

January 29, 2014
Dave Stafford
Persistent warnings about funding shortages for state and federal courts don’t appear to be registering with the public, a new poll concludes.
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Correctional services consolidation bill drawing fire

January 29, 2014
Marilyn Odendahl
Community corrections advocates are worried that a proposal to consolidate the Marion County probation and community corrections departments would take local decision-making away from community members and give more control to judges.
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Papageorge: Predictive coding gaining support in courts

January 29, 2014
Attorneys now are faced with the monumental task of collecting, reviewing and producing their own client’s electronic documents while also reviewing the opposing side’s electronic documents. This can lead to uncomfortable conversations with clients regarding the significant cost of the process.
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Lake County bar leader’s vision for year ahead includes looking back

January 29, 2014
Dave Stafford
Michael Tolbert is making history as the new president of the Lake County Bar Association in more ways than being the organization’s first African-American leader.
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Inbox: Attorney responds to letter suggesting refunds for failing bar exam

January 29, 2014
In reply to Mr. Robert C. Thompson, Jr.’s proposal in the “Viewpoint” column that law schools issue full refunds when alumni fail the Bar Exam twice, attorney Sally Hubbard respectfully disagrees.
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Indiana Judges Association: What you need to know about state judges

January 29, 2014
David Dreyer
While there may (or may not) be a big difference between horses and humans, there may not be any difference between horse judging and human judging. After all, judging is a fundamental objective endeavor.
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Hammerle On … 'Lone Survivor,' 'August: Osage County'

January 29, 2014
Robert Hammerle
Bob Hammerle says "Lone Survivor" is a powerful, heartbreaking film that simply has to be seen.
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BGBC: Court agrees with IRS that advanced client expenses are loans

January 29, 2014
An important U.S. Tax Court ruling last year may affect you and your law firm. The case settled a long-standing dispute between attorneys and the Internal Revenue Service regarding advanced client expenses for lawyers who handle cases on a contingency basis.
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COA finds attorney was not ineffective

January 28, 2014
Jennifer Nelson
The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding he failed to establish that he received ineffective assistance of trial counsel with respect to either the manner in which voir dire was conducted or in the failure to object to the supplemental jury instruction defining “intentionally.”
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Trial court erred in disregarding psychiatrists’ unanimous finding

January 28, 2014
Marilyn Odendahl
A woman who brutally attacked her boyfriend’s minor child had her conviction overturned by the Indiana Court of Appeals on the grounds that the trial court did not have enough evidence to contradict the psychiatrists’ reports and find her guilty but mentally ill.
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Nicknames properly admitted in sex with minor convictions

January 28, 2014
Dave Stafford
Nicknames and aliases a defendant used were relevant to the charges he faced, the Court of Appeals ruled Tuesday in affirming felony convictions of sexual misconduct with a minor.
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Raccoon hunter cleared of conviction for fetching wayward dog

January 28, 2014
Dave Stafford
A raccoon hunter’s misdemeanor conviction was reversed Tuesday when appellate judges determined he wasn’t hunting or chasing wildlife when he retrieved his wandering dog from property where he didn’t have permission to hunt.
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In pollution suit rehearing, COA rejects fresh arguments

January 28, 2014
Dave Stafford
The Indiana Court of Appeals affirmed on rehearing a decision that the Allen County Public Library could pursue damages against contractors resulting from a diesel spill during a building project. A panel rejected arguments from defendants that it said violated a “cardinal rule” because they were raised for the first time on rehearing.
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  1. State Farm is sad and filled with woe Edward Rust is no longer CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go All American Girl starred Margaret Cho The Miami Heat coach is nicknamed Spo I hate to paddle but don’t like to row Edward Rust is no longer CEO The Board said it was time for him to go The word souffler is French for blow I love the rain but dislike the snow Ten tosses for a nickel or a penny a throw State Farm is sad and filled with woe Edward Rust is no longer CEO Bambi’s mom was a fawn who became a doe You can’t line up if you don’t get in a row My car isn’t running, “Give me a tow” He had knowledge but wasn’t in the know The Board said it was time for him to go Plant a seed and water it to make it grow Phases of the tide are ebb and flow If you head isn’t hairy you don’t have a fro You can buff your bald head to make it glow State Farm is sad and filled with woe Edward Rust is no longer CEO I like Mike Tyson more than Riddick Bowe A mug of coffee is a cup of joe Call me brother, don’t call me bro When I sing scat I sound like Al Jarreau State Farm is sad and filled with woe The Board said it was time for him to go A former Tigers pitcher was Lerrin LaGrow Ursula Andress was a Bond girl in Dr. No Brian Benben is married to Madeline Stowe Betsy Ross couldn’t knit but she sure could sew He had knowledge but wasn’t in the know Edward Rust is no longer CEO Grand Funk toured with David Allan Coe I said to Shoeless Joe, “Say it ain’t so” Brandon Lee died during the filming of The Crow In 1992 I didn’t vote for Ross Perot State Farm is sad and filled with woe The Board said it was time for him to go A hare is fast and a tortoise is slow The overhead compartment is for luggage to stow Beware from above but look out below I’m gaining momentum, I’ve got big mo He had knowledge but wasn’t in the know Edward Rust is no longer CEO I’ve travelled far but have miles to go My insurance company thinks I’m their ho I’m not their friend but I am their foe Robin Hood had arrows, a quiver and a bow State Farm has a lame duck CEO He had knowledge, but wasn’t in the know The Board said it was time for him to go State Farm is sad and filled with woe

  2. The ADA acts as a tax upon all for the benefit of a few. And, most importantly, the many have no individual say in whether they pay the tax. Those with handicaps suffered in military service should get a pass, but those who are handicapped by accident or birth do NOT deserve that pass. The drivel about "equal access" is spurious because the handicapped HAVE equal access, they just can't effectively use it. That is their problem, not society's. The burden to remediate should be that of those who seek the benefit of some social, constructional, or dimensional change, NOT society generally. Everybody wants to socialize the costs and concentrate the benefits of government intrusion so that they benefit and largely avoid the costs. This simply maintains the constant push to the slop trough, and explains, in part, why the nation is 20 trillion dollars in the hole.

  3. Hey 2 psychs is never enough, since it is statistically unlikely that three will ever agree on anything! New study admits this pseudo science is about as scientifically valid as astrology ... done by via fortune cookie ....John Ioannidis, professor of health research and policy at Stanford University, said the study was impressive and that its results had been eagerly awaited by the scientific community. “Sadly, the picture it paints - a 64% failure rate even among papers published in the best journals in the field - is not very nice about the current status of psychological science in general, and for fields like social psychology it is just devastating,” he said. http://www.theguardian.com/science/2015/aug/27/study-delivers-bleak-verdict-on-validity-of-psychology-experiment-results

  4. Indianapolis Bar Association President John Trimble and I are on the same page, but it is a very large page with plenty of room for others to join us. As my final Res Gestae article will express in more detail in a few days, the Great Recession hastened a fundamental and permanent sea change for the global legal service profession. Every state bar is facing the same existential questions that thrust the medical profession into national healthcare reform debates. The bench, bar, and law schools must comprehensively reconsider how we define the practice of law and what it means to access justice. If the three principals of the legal service profession do not recast the vision of their roles and responsibilities soon, the marketplace will dictate those roles and responsibilities without regard for the public interests that the legal profession professes to serve.

  5. I have met some highly placed bureaucrats who vehemently disagree, Mr. Smith. This is not your father's time in America. Some ideas are just too politically incorrect too allow spoken, says those who watch over us for the good of their concept of order.

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