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7th Circuit affirms residential search based on ‘nonverbal cues’

July 31, 2013
Dave Stafford
A warrantless search was not a violation of the Fourth Amendment of the U.S. Constitution because the defendant consented through nonverbal cues, the 7th Circuit Court of Appeals ruled Wednesday.
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Indiana ‘miscarriage of justice’ splits 7th Circuit judges 5-4

July 31, 2013
Dave Stafford
A majority of nine 7th Circuit Court of Appeals judges narrowly denied rehearing en banc for an Indiana man whose sentence was erroneously calculated. A dissenting judge called the case a “miscarriage of justice.”
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Family did have notice that expert pulmonologist was going to testify as pathologist

July 31, 2013
Marilyn Odendahl
In reviewing a dispute over testimony given by expert witnesses, the Indiana Court of Appeals sees no reason to hold a new trial. 
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7th Circuit: Machine gun possession not violent crime

July 31, 2013
Dave Stafford
A man’s conviction on federal firearm charges was vacated Tuesday when the 7th Circuit Court of Appeals ruled that possession of machine guns was not violent crime, citing a case earlier this year that applied the same rationale to possession of sawed-off shotguns.
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Spur-of-the-moment burglary spree does not support corrupt business influence conviction

July 31, 2013
Marilyn Odendahl
The Indiana Court of Appeals has found that an impromptu burglary spree that lasted less than 48 hours does not meet requirements for a corrupt business influence conviction.
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Blogger attorney Ogden grilled in public discipline hearing

July 31, 2013
Dave Stafford
Publicly resigned to the likelihood that action will be taken against his law license, attorney Paul Ogden was grilled for hours Tuesday in his hearing before the Indiana Disciplinary Commission.  
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COA: Lingering odor of burnt marijuana does not justify warrantless search

July 31, 2013
Marilyn Odendahl
No possibility of danger or smell of marijuana was evident, and that was enough to convince the Indiana Court of Appeals to suppress evidence found during a police officer’s search of a motorist’s backpack.
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Policy change means ILAS will have to raise more funds

July 31, 2013
Marilyn Odendahl
A change in policy from its largest contributor is pushing Indianapolis Legal Aid Society to introduce itself to a wider audience.
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Massa mum on Rockport recusal

July 31, 2013
Dave Stafford
One of the first cases on the Indiana Supreme Court’s fall oral argument calendar also could be among its most controversial and biggest in terms of potential dollars at stake.
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Lawyers talk about considerations in leaving firms, opening new practices

July 31, 2013
Dave Stafford
Several attorneys recently have departed established firms to form their own practices, leveraging their legal talents, goodwill and loyal clientele to satisfy entrepreneurial longings.
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Vanderburgh County requests new court magistrate

July 31, 2013
Seated alone at the table in front of the Indiana General Assembly’s Commission on Courts, Vanderburgh Circuit Judge David Kiely recently asked for a new magistrate in his court.
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Dean's Desk: Dean excited to teach, interact more with students this semester

July 31, 2013
Nell Jessup Netwon
I am sitting at my desk, back from vacation, swamped under the combination of the paperwork that accrued while I was gone and what seems like an unusual amount of pre-term work. I am realizing that I am also just four weeks away from teaching a four-credit contracts course for the first time in 10 years and wondering “What was I thinking?” Although some professors can glance at their notes, stroll into class and conduct a brilliant session, I’ve always been the kind that has to review everything, rewrite my notes and build up a certain level of anxiety before teaching, like the actor who falls flat if she doesn’t experience stage fright. In other words, I’ve signed up for what could be a world of pain in the fall semester of 2013.
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No-phone zones might be called for in Indy courts

July 31, 2013
Dave Stafford
Judges in Marion County were rightly troubled recently by multiple instances of cellphone video taken in court winding up online, which included secretly recorded video of a criminal informant’s testimony.
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Hammerle On: Hammerle pays tribute to colleague’s spirit and humor

July 31, 2013
Robert Hammerle
In this issue, Robert Hammerle reviews “The Way Way Back” and also remembers C. Joseph Russell, an Indianapolis attorney who died July 17.
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Stevenson: Plane crash litigation may improve travel safety

July 31, 2013
Modern airliners are filled with technology that has made flying safer than ever. According to MIT statistics professor Arnold Barnett, in the last five years, the death rate for airline passengers in the United States has been one in 45 million flights. At that rate, a passenger could fly daily for an average of 123,000 years before being involved in a fatal crash. While technology such as GPS and auto-landing systems has minimized the chance for human error, especially in poor-visibility landing conditions, there is a drawback. Asiana Flight 214 is likely to become a prime example of how technology can actually cause aviation disasters instead of preventing them. Flight 214’s collision with the seawall just short of the runway at San Francisco International Airport demonstrates what can happen when technology does not work as intended.
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Paralegals take another stab at proposed rule on voluntary certification

July 31, 2013
Dave Stafford
Marion Superior Judge David Shaheed paid tribute to the professionals of the Indiana Paralegal Association at the group’s annual meeting July 17.
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Lucas: Send us your 2014 Leadership in Law award nominations

July 31, 2013
Kelly Lucas
Regardless of our career paths, we’ve all experienced a moment when we’ve watched a peer in action – doing his or her job and doing it very well – and the realization came that this person truly is a role model for our respective professions. Whether the admiration you feel is the result of a big win in court and is splashed across newspapers and TV screens, or the quiet day-to-day way the person works with clients and mentors young lawyers, the Indiana Lawyer would like to recognize the work ethic and dedication that makes certain lawyers stand out.
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DTCI: Belonging to DRI can better your practice, the law and your life

July 31, 2013
Scott Kyrouac
As the DTCI state representative for DRI, I think it beneficial to remind the defense bar why membership in DRI is so important.
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In-Box: Reader responds concerning proposed changes to state's bar exam

July 31, 2013
New lawyer responds to Indiana Lawyer about changes being considered to state's bar exam.
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Dispute over bail bonds likely to produce a legislative solution

July 31, 2013
Marilyn Odendahl
Growing tension between the bench and bail bond agents has been shoved into the spotlight at the Statehouse and could be the subject of bills introduced during the 2014 session of the Indiana General Assembly.
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Bell/Gaerte: 3 things to know about fixed fees arrangements

July 31, 2013
James Bell and Michael Gaerte discuss things to know before entering into a fixed fee arrangement.
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Start Page: Your next office upgrade: smarter staff!

July 31, 2013
How do you do more with less? Simple answer: smarter staff! Skip the next generation of hardware or software and concentrate on an upgrade strategy that always pays dividends: training.
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Indiana Tech Law School shows new building to community

July 31, 2013
Indiana Tech Law School recently held a series of open houses to give professors, lawyers and community members a peek inside its new building.
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Judge advocates expanding Gideon to provide lawyers in non-criminal cases

July 31, 2013
Marilyn Odendahl
While some legal scholars lament the deterioration of Gideon v. Wainwright 50 years after the landmark Supreme Court of the United States decision, Marion Superior Judge David Dreyer is calling for an expansion of the principle to include civil litigants.
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COA finds trial court acted within its discretion when calculating father’s actual income

July 30, 2013
Marilyn Odendahl
A father’s messy financial statements do not prevent a trial court from doing its own calculations and increasing his weekly child support payments, the Indiana Court of Appeals has ruled.
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  1. Whether you support "gay marriage" or not is not the issue. The issue is whether the SCOTUS can extract from an unmentionable somewhere the notion that the Constitution forbids government "interference" in the "right" to marry. Just imagine time-traveling to Philadelphia in 1787. Ask James Madison if the document he and his fellows just wrote allowed him- or forbade government to "interfere" with- his "right" to marry George Washington? He would have immediately- and justly- summoned the Sergeant-at-Arms to throw your sorry self out into the street. Far from being a day of liberation, this is a day of capitulation by the Rule of Law to the Rule of What's Happening Now.

  2. With today's ruling, AG Zoeller's arguments in the cases of Obamacare and Same-sex Marriage can be relegated to the ash heap of history. 0-fer

  3. She must be a great lawyer

  4. Ind. Courts - "Illinois ranks 49th for how court system serves disadvantaged" What about Indiana? A story today from Dave Collins of the AP, here published in the Benton Illinois Evening News, begins: Illinois' court system had the third-worst score in the nation among state judiciaries in serving poor, disabled and other disadvantaged members of the public, according to new rankings. Illinois' "Justice Index" score of 34.5 out of 100, determined by the nonprofit National Center for Access to Justice, is based on how states serve people with disabilities and limited English proficiency, how much free legal help is available and how states help increasing numbers of people representing themselves in court, among other issues. Connecticut led all states with a score of 73.4 and was followed by Hawaii, Minnesota, New York and Delaware, respectively. Local courts in Washington, D.C., had the highest overall score at 80.9. At the bottom was Oklahoma at 23.7, followed by Kentucky, Illinois, South Dakota and Indiana. ILB: That puts Indiana at 46th worse. More from the story: Connecticut, Hawaii, Minnesota, Colorado, Tennessee and Maine had perfect 100 scores in serving people with disabilities, while Indiana, Georgia, Wyoming, Missouri and Idaho had the lowest scores. Those rankings were based on issues such as whether interpretation services are offered free to the deaf and hearing-impaired and whether there are laws or rules allowing service animals in courthouses. The index also reviewed how many civil legal aid lawyers were available to provide free legal help. Washington, D.C., had nearly nine civil legal aid lawyers per 10,000 people in poverty, the highest rate in the country. Texas had the lowest rate, 0.43 legal aid lawyers per 10,000 people in poverty. http://indianalawblog.com/archives/2014/11/ind_courts_illi_1.html

  5. A very thorough opinion by the federal court. The Rooker-Feldman analysis, in particular, helps clear up muddy water as to the entanglement issue. Looks like the Seventh Circuit is willing to let its district courts cruise much closer to the Indiana Supreme Court's shorelines than most thought likely, at least when the ADA on the docket. Some could argue that this case and Praekel, taken together, paint a rather unflattering picture of how the lower courts are being advised as to their duties under the ADA. A read of the DOJ amicus in Praekel seems to demonstrate a less-than-congenial view toward the higher echelons in the bureaucracy.

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