Latest News

Prosecutor’s comments on defendant not testifying don’t require reversal

May 22, 2014
Jennifer Nelson
The Indiana Court of Appeals, in addressing a defendant’s claims of prosecutorial misconduct, found that any misconduct committed was a harmless error and does not require criminal deviate conduct and sexual battery convictions to be overturned.
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Seizure of man’s clothing from hospital not unconstitutional

May 22, 2014
Jennifer Nelson

A detective’s seizure of a bag of clothing worn by a man who was shot – and later considered a suspect in a murder – and the admission of that clothing into evidence did not violate the man’s federal or state constitutional rights, the Indiana Court of Appeals concluded Thursday.

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COA rules Marion County had exclusive jurisdiction over custody of boy

May 22, 2014
Jennifer Nelson
The Indiana Court of Appeals reversed an order out of Montgomery County regarding custody and parenting time of a boy because that court could not properly exercise jurisdiction. Marion County had exclusive jurisdiction over the custody of the boy.
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Kentucky ruling prevents Indiana court from addressing claim

May 22, 2014
Jennifer Nelson
Because the principles of full faith and credit required a Clark Circuit court to consider the judgments of a Kentucky court involving the default of promissory notes on property in Kentucky and Indiana, there was no error by the Indiana court in granting a bank the right to foreclose.
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COA finds Yellow Book ad contract induced by fraud

May 22, 2014
Jennifer Nelson
A heating and cooling company does not owe Yellow Book for a contract it tried to break after finding the publication didn’t change the terms of the contract as promised, the Indiana Court of Appeals held. But, the heating and cooling company is on the hook for two other contracts it had that it failed to fully pay.
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State courts to adopt e-filing in 2015

May 22, 2014
Dave Stafford
Indiana courts will switch to electronic filing beginning next year, according to an order issued Thursday by the Indiana Supreme Court.
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Judges reverse convictions based on use of witness’s statement

May 21, 2014
Jennifer Nelson
Because the state called a witness solely to impeach her with a pretrial statement, and the jury may have relied on the witness’s testimony to convict the defendant, a majority on the Indiana Court of Appeals reversed burglary and receiving stolen property convictions. 
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Camm defense attorneys to discuss forensic evidence

May 21, 2014
IL Staff
Richard Kammen and Stacy Uliana, who defended David Camm against charges of murdering his wife and two children, will join the former state trooper at Indiana University Robert H. McKinney School of Law Friday to discuss the role of forensic evidence in his case.
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Lucas Oil vendor not entitled to summary judgment in dram shop case

May 21, 2014
Jennifer Nelson
It should be up to the trial court or a jury to determine whether a vendor in Lucas Oil Stadium in Indianapolis should be held responsible for serving alcohol to a man who later hit two children while driving home after a game.
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COA: Court should not have imposed 2-mile ban as part of probation

May 21, 2014
Jennifer Nelson
The Indiana Court of Appeals found a trial court abused its discretion when it originally imposed a probation condition prohibiting a man from going within two miles of where he committed battery against a stranger.
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Lawyers question enforcement of advertising rules

May 21, 2014
Dave Stafford
One of Indiana’s most familiar legal names – a frequent flier on buses, billboards and TV commercials – says enforcement of disciplinary rules governing attorney advertising is a mess and needs an overhaul. The Indiana State Bar Association is considering preapproving ads.
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Attempted child seduction case exposes gap in law

May 21, 2014
Dave Stafford
The Indiana Supreme Court is considering whether a teacher took a substantial step toward the crime of attempted child seduction when he sent explicit Facebook messages to a 16-year-old student and proposed arranging to meet for sex.
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7th Circuit to hear Indiana same-sex marriage challenge

May 21, 2014
Marilyn Odendahl
Shortly after a federal judge ordered Indiana to recognize the marriage of one same-sex couple, the Office of the Indiana Attorney General continued its defense of “traditional marriage” by filing a notice of appeal with the 7th Circuit Court of Appeals. By doing so, it added to the list of appellate courts hearing challenges to state marriage laws.
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Canine companions bring touch of home to the workplace

May 21, 2014
Dave Stafford
Siegfried isn’t just attorney Michael Sutherlin’s 4-year-old Doberman. He’s also a trusted aide who’s never far from the lawyer’s side at home or at his Indianapolis office.
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New members of the American Law Institute bring energy and diversity

May 21, 2014
Marilyn Odendahl
Members of the American Law Institute help to research and write the Restatements of the Law, which are used by judges and attorneys to gain insight into laws and how those laws are applied around the country.
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Shake-up of study committees meant to streamline process

May 21, 2014
Marilyn Odendahl
The internal changes to the Indiana Legislature’s interim study committee structure are not readily visible, but majority and minority leaders are optimistic the alterations will make the process more efficient and control the workload.
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Establishing Miller Trusts

May 21, 2014
Marilyn Odendahl
Attorneys offer their pro bono services to help nursing home residents keep their Medicaid benefits.
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PERF benefit to decline amid fund shortfall

May 21, 2014
Dave Stafford
Effective Oct. 1, the Indiana Public Retirement System will reduce the guaranteed interest rate for workers who choose to annuitize investments in their annuity savings accounts.
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Start Page: 3 changes to make next time you open Microsoft Word

May 21, 2014
Seth Wilson
Microsoft Word is an essential tool in any lawyer’s toolbox. But, many of us don’t get the most out of this word processor. This article offers three things to change the next time you open Word to make it work better for you.
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Hammerle on ... 'Le Week-End,' 'The Lunchbox'

May 21, 2014
Robert Hammerle
Bob Hammerle says "The Lunchbox" is a tiny movie that reminds everyone that love is often found as a result of happy accidents.
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Cochran/West: How to advise employees about government investigators

May 21, 2014
In-house attorneys advise employees on many topics, but do the employees of your company know what to do during a government investigation?
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Tough Talks: Having difficult conversations about delicate situations

May 21, 2014
People – regardless of the industry – avoid having tough conversations.  They haven’t had “the talk” because there just hasn’t been the right time, or the issue hasn’t affected his or her work. But it may be best to rock the boat today, because tomorrow or next week or next month, it’s going to rock the entire company.
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Sidebars: Café's limited menu features fresh, high-quality food

May 21, 2014
Jennifer Lukemeyer, Fred Vaiana
Fred Vaiana gives Blue Moon Café 3.25 gavels!
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Lawyer helps dogs find homes in New England

May 21, 2014
Dave Stafford
Hendricks Superior Magistrate Judge Tammy Somers recently took a weekend road trip that saved 60 dogs – animals that otherwise may have been euthanized.
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Bankruptcy Court fees increasing

May 20, 2014
IL Staff
Filing for bankruptcy will become more expensive June 1.
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  1. Other than a complete lack of any verifiable and valid historical citations to back your wild context-free accusations, you also forget to allege "ate Native American children, ate slave children, ate their own children, and often did it all while using salad forks rather than dinner forks." (gasp)

  2. "So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)" Well, you know, we're just following in the footsteps of our founders who raped women, raped slaves, raped children, maimed immigrants, sold children, stole property, broke promises, broke apart families, killed natives... You know, good God fearing down home Christian folk! :/

  3. Who gives a rats behind about all the fluffy ranking nonsense. What students having to pay off debt need to know is that all schools aren't created equal and students from many schools don't have a snowball's chance of getting a decent paying job straight out of law school. Their lowly ranked lawschool won't tell them that though. When schools start honestly (accurately) reporting *those numbers, things will get interesting real quick, and the looks on student's faces will be priceless!

  4. Whilst it may be true that Judges and Justices enjoy such freedom of time and effort, it certainly does not hold true for the average working person. To say that one must 1) take a day or a half day off work every 3 months, 2) gather a list of information including recent photographs, and 3) set up a time that is convenient for the local sheriff or other such office to complete the registry is more than a bit near-sighted. This may be procedural, and hence, in the near-sighted minds of the court, not 'punishment,' but it is in fact 'punishment.' The local sheriffs probably feel a little punished too by the overwork. Registries serve to punish the offender whilst simultaneously providing the public at large with a false sense of security. The false sense of security is dangerous to the public who may not exercise due diligence by thinking there are no offenders in their locale. In fact, the registry only informs them of those who have been convicted.

  5. Unfortunately, the court doesn't understand the difference between ebidta and adjusted ebidta as they clearly got the ruling wrong based on their misunderstanding

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