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Prosecutor can’t grant use immunity to parents of injured infant

March 28, 2013
Jennifer Nelson
The Indiana Supreme Court held Wednesday that a prosecutor can’t petition a court to compel a party to testify under the grant of use immunity when the party is the primary target of the investigation and has invoked his constitutional right against self-incrimination if no charges have been filed or a grand jury proceeding hasn’t been initiated.
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Mother not denied due process by not having appointed counsel in CHINS case

March 28, 2013
Jennifer Nelson
While disappointed that a trial court did not follow through with the appointment of counsel for a mother regarding a child in need of services action, any error in that failure was harmless, the Indiana Court of Appeals ruled Thursday. It upheld the termination of mother J.A.’s parental rights to her son G.P.
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Pence appoints Hostetler to St. Joseph bench

March 28, 2013
IL Staff
Indiana Gov. Mike Pence announced Thursday that he has selected Steven L. Hostetler to replace St. Joseph Superior Chief Judge Michael P. Scopelitis when he retires June 3.
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Senators skeptical of funding Odyssey access for public defenders

March 28, 2013
Dave Stafford
Senate budget writers appeared skeptical of a request Thursday to spend more than $2.1 million over the next four years to give public defenders statewide the same access to case management systems that prosecutors, judges and others have in many counties.
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Appeals court tackles sex offender use of social media

March 27, 2013
Jennifer Nelson
Two months after the 7th Circuit Court of Appeals struck down the state’s law prohibiting sex offenders from using certain social media sites, the Indiana Court of Appeals ruled that Indiana Code 35-42-4-12 violates an Elkhart County man’s First Amendment rights.
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COA: Court allowed to admit evidence from man’s home

March 27, 2013
Jennifer Nelson
The Allen County man who tried to convince the Indiana Court of Appeals that law enforcement shouldn’t have searched his trash and been allowed to obtain a warrant based on evidence from that trash lost his appeal Wednesday.
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Court erred in striking state’s response as untimely

March 27, 2013
Jennifer Nelson
The Indiana Court of Appeals held Wednesday that the post-conviction court erred in striking as untimely the state’s response to a man’s motion for summary judgment on his post-conviction relief petition. The judges also refused to grant the state’s request to hold that it is relieved of the time constraints of Indiana Trial Rule 56.
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COA reverses vacation of grandparent visitation

March 27, 2013
Jennifer Nelson
Even though a grandmother lacked standing to pursue a grandparent visitation order when it was granted, the trial court erred in later vacating the order, the Indiana Court of Appeals ruled. The grandchildren’s guardians’ objections to the grandmother’s lack of standing were waived when they failed to appeal the original order.
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Judges reduce sentence due to ineffective trial counsel

March 27, 2013
Jennifer Nelson
The Indiana Court of Appeals Wednesday ordered a Lake Superior court to resentence a man to 23 years for his convictions stemming from a drunken-driving accident that killed another man. Joseph Scott’s trial attorney was ineffective because he failed to inform Scott of the correct maximum sentence he could face.
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Senate passes civil immunity, sentencing alternatives for young offenders bills

March 27, 2013
IL Staff
The Indiana Senate approved several pieces of legislation from the House this week, including a bill that would establish sentencing alternatives for certain offenders under the age of 18.
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Pence gets finalist list for St. Joe judgeship

March 27, 2013
IL Staff
A letter containing the names of the five finalists vying to succeed St. Joseph Superior Judge Michael P. Scopelitis has been delivered to Gov. Mike Pence. Scopelitis will retire in June. The list was tweaked after finalist Elizabeth Hurley was appointed to fill another pending vacancy on the court.
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Attorneys use pro bono tax work to fill the gap

March 27, 2013
Marilyn Odendahl
Almost immediately after taking her seat on the Indiana Tax Court, Judge Martha Blood Wentworth saw the problem. Flowing into her court were numerous pro se litigants who ended up getting their cases bounced because they had made a procedural error.
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Firm branding efforts foster cultures and help drive business growth

March 27, 2013
Dave Stafford
Branding sets firms apart from the competition, but it also reflects, shapes and defines a firm’s culture, marketing experts say. The dividends extend beyond forging an identity.
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New dean promotes IU McKinney as national leader

March 27, 2013
Marilyn Odendahl
Professor Andrew Klein to take the helm of the Indianapolis law school July 1.
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Lawmakers advance bill to aid courthouse restoration, but money is missing

March 27, 2013
Dave Stafford
Nearly every county seat in Indiana could benefit from a bill promoting historic courthouse renovation and maintenance projects. Only problem is, when lawmakers passed the legislation through the Senate they stripped out the money for it.
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Behind the News: Lawsuit over Simon’s bonus may expose board’s mindset

March 27, 2013
Greg Andrews
The $120 million retention bonus that Simon Property Group Inc.’s board awarded David Simon two years ago has spawned a bitter legal battle in Delaware that promises to shed fascinating light on the inner workings of the board.
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Stepping outside the career comfort zone

March 27, 2013
Chris O'Malley
Taking utility president role at PSI Energy had risks for Kay Pashos.
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Federal Bar Update: Pilot program for discovery in employment cases

March 27, 2013
John Maley
In the Southern District of Indiana, if you are litigating an adverse-action employment case you might be part of a pilot program that aims to streamline and tailor discovery and scheduling.
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Many efforts arise to address abandoned property, few go forward

March 27, 2013
Dave Stafford
State Sen. Jim Merritt wanted to help an eastside Indianapolis church gain possession of some long-abandoned, derelict houses, tear them down and establish a neighborhood park. But it turned out there wasn’t much the law allowed the church to do.
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Renovation project raises questions on public bidding

March 27, 2013
Marilyn Odendahl
Contractors claim in lawsuit that a school corporation's financing method circumvented the law.
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Quality of Life: Embrace the gray days of March

March 27, 2013
Jonna Kane MacDougall
As far as I can tell, March has no redeeming qualities. Of course, it’s the month for basketball and spring break, but beyond that, there isn’t much to recommend – especially if you are in Indiana. Since I’m a native Hoosier, my familiarity with March in other locales is somewhat limited.
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Mediation confidentiality; ADR rules review coming

March 27, 2013
The Indiana Supreme Court reiterated in its opinion that Indiana has not adopted the UMA. They also acknowledged that the two amici organizations have further worked to create a task force to review the rules for Alternative Dispute Resolution (now formally recognized by the court).
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Hammerle on ... 'West of Memphis,' 'Emperor'

March 27, 2013
Robert Hammerle
Bob Hammerle recommends that all lawyers go see the documentary "West of Memphis."
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Start Page: Interruption addiction takes focus to break

March 27, 2013
Kim Brand
Time management systems used to be popular. They are irrelevant now because you don’t have any time to manage.
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Hazing suit weighs college, fraternity liability

March 27, 2013
Dave Stafford
A former freshman pledge hurt as fraternity brothers at Wabash College carried and then dropped him will have his case heard by the Indiana Supreme Court, testing the reach of Indiana’s anti-hazing statute.
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  1. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  2. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  3. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

  4. I am the mother of the child in this case. My silence on the matter was due to the fact that I filed, both in Illinois and Indiana, child support cases. I even filed supporting documentation with the Indiana family law court. Not sure whether this information was provided to the court of appeals or not. Wish the case was done before moving to Indiana, because no matter what, there is NO WAY the state of Illinois would have allowed an appeal on a child support case!

  5. "No one is safe when the Legislature is in session."

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