Latest News

Defendant received ineffective trial counsel assistance in murder case

February 14, 2013
Jennifer Nelson
The Indiana Court of Appeals reversed the denial of a Delaware County man’s post-conviction relief petition finding his trial attorney was ineffective in not ensuring the jury was properly instructed on the elements of murder, voluntary manslaughter and the state’s burden of proof regarding sudden heat.
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Senate president calling for constitutional convention to protect states’ rights

February 14, 2013
Marilyn Odendahl
Declaring that states’ rights are being trampled and the 10th Amendment is in shambles, the leader of the Indiana Senate is calling for a “gathering of states” to amend the U.S. Constitution.
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7th Circuit orders proposed plan of reorganization open to competitive bidding

February 14, 2013
Jennifer Nelson
The 7th Circuit Court of Appeals reversed a Southern District Bankruptcy judge Thursday, finding the judge incorrectly ruled that competition was unnecessary in a plan of reorganization involving a shopping center.
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Witnesses: Don Marsh’s expenses never questioned

February 14, 2013
Scott Olson
Lawyers for Don Marsh continue to hammer home their claims that the former supermarket CEO's expenses for lavish travel were widely accepted as normal business costs.
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Judges interpret Probate Code statute in favor of bank

February 13, 2013
Jennifer Nelson
Finding that a bank did not receive proper notice in order to file a claim against an estate, the Indiana Court of Appeals reversed summary judgment in favor of the estate of Samuel Tolley on the bank’s two claims.
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Justices decline to order mediation in walkout fines case

February 13, 2013
IL Staff
The Indiana Supreme Court issued an order Monday refusing to order mediation in the lawsuit filed by Democratic lawmakers after some of their pay was withheld following legislative walkouts in 2011 and 2012.
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CVS to pay $400k to state over illegal billings to Medicaid

February 13, 2013
IL Staff
Indiana Attorney General Greg Zoeller announced Wednesday that CVS has agreed to a settlement to resolve allegations that its pharmacists submitted illegal billings for prescriptions to Medicaid for reimbursement.
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7th Circuit revises Pattern Criminal Jury Instructions

February 13, 2013
IL Staff
In light of the recent decision by the U.S. Supreme Court in Smith v. United States, 133 S. Ct. 714 (2013), the 7th Circuit Court of Appeals’ Pattern Jury Instruction Committee has revised the withdrawal instructions.
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Car’s color alone doesn’t support traffic stop

February 13, 2013
Jennifer Nelson
In a matter of first impression in the 7th Circuit Court of Appeals and federal courts, the judges were asked to consider whether a discrepancy between the observed color of a car and the color listed on its registration alone gives rise to reasonable suspicion of criminal activity.
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Commission for children, appellate judge retirement age legislation moving

February 13, 2013
IL Staff
The Indiana Senate passed on second reading Tuesday legislation that will create a commission on improving the status of children in the state. The introduced version of Senate Bill 125 was prepared by the Department of Child Services Interim Study Committee.
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David Marsh defends trips he took at company's expense

February 13, 2013
Scott Olson
Don Marsh's son David, who served under his father as president of Marsh Supermarkets Inc, traveled widely, often on the company jet, just as his father did.
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Barrister brewers

February 13, 2013
Marilyn Odendahl
Indiana University Robert H. McKinney School of Law graduates forgo legal careers to become craft beer makers in Indianapolis.
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Indiana Sen. Mike Delph's bills raise brows in legal community

February 13, 2013
Dave Stafford
Senator drops "loser pays" attorney fees plan, but other bills target grand juries and propose retention supermajority.
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Indiana law schools change curriculum to chart new course

February 13, 2013
Marilyn Odendahl
Like many of their educational colleagues across the country, Indiana law schools have been reviewing and rethinking the way they prepare their students for the legal profession.
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IU professor: Legal education in the US needs to change

February 13, 2013
Abigail Johnson Donohoo
In his "Blueprint for Change" research paper, Indiana University Maurer School of Law Professor William Henderson says the legal education system needs to change. He also offers a plan to transform legal education to better fit the changing legal marketplace.
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Problem-solving courts cut recidivism, help defendants

February 13, 2013
Dave Stafford
Indiana House Bill 1016 proposes to let court staff provide some rehabilitative services and collect fees for them.
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New HIPAA rule revises breach notification process

February 13, 2013
Marilyn Odendahl
Attorneys are navigating massive overhaul of 1996 act.
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6 bills in Indiana Statehouse aimed at slowing the manufacture of meth

February 13, 2013
Marilyn Odendahl
The description Rodney Cummings gives of Madison County makes the central Indiana area sound like a war zone. The source of the problem is the manufacture and abuse of methamphetamine, a volatile mix of medicine and toxins that forms a highly addictive drug.
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Pharmacy representation grows as practice niche

February 13, 2013
Dave Stafford
Hall Render Killian Heath & Lyman P.C. have created what it believes is the first pharmacy practice group in Indiana.
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Start Page: Master of your domain

February 13, 2013
Kim Brand
You may ask: “What is a domain and why would I want one?” Let me assure you that you have one and you want to keep it.
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Hammerle on ... 'Zero Dark Thirty'

February 13, 2013
Robert Hammerle
Director Kathryn Bigelow’s excellent saga about the quest to kill Osama bin Laden tells a larger story. Can we honor the dead of 9/11 by copying the moral depravity of their killers?
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Lucas: Had a tough day? Escape to the movies!

February 13, 2013
Kelly Lucas
With this issue of IL, we begin presenting movie reviews by Indianapolis criminal defense lawyer Bob Hammerle. Bob is known to many lawyers and businesspeople for his passion about cinema and his colorful commentary about the latest shows to hit the theaters.
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DTCI: Premises liability for the criminal acts of others

February 13, 2013
From DTCI
Indiana premises liability jurisprudence may be changing. If it does, being a business owner in Indiana will be increasingly risky. Not a risk premised on how good the business person may be, but premised on whether a crime will occur at the business and harm a customer, visitor or guest.
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Dean's Desk: A new curriculum at Valparaiso Law School

February 13, 2013
Jay Conison
Law schools have two natures. On the one hand, they are graduate academic programs, generally in universities. On the other hand, a law school is a path to a career. Through the educational program and other services, it develops professional skills in students and supports their entry into law or other professional practice.
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Filling the classroom

February 13, 2013
Marilyn Odendahl
Indiana Tech Law School is recruiting students with a one-on-one approach.
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