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Inside the Criminal Case: Contempt, punctuality and expressing yourself to a court

October 22, 2014
James Bell, K. Michael Gaerte
We advise our clients that unfortunately, delays can be part of the court experience. However, one thing we have never advised our clients to do is “tell the court how you really feel.” Or, as Dave Chappelle would say, we have never advised our clients to “keep it real” with the court.
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Public-private partnerships’ popularity peaking

October 22, 2014
Dave Stafford
In an era of tight lending for construction, public-private partnerships are a solution to get desired projects funded and under way. Attorneys who represent parties in such deals say nuanced negotiations hold the key for deals with a shared vision but sometimes competing interests.
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Laurin: Well-crafted contracts can avoid subrogation disputes

October 22, 2014
Most Indiana construction law practitioners would probably agree that Indiana caselaw on construction issues is hardly robust. One exception is cases that address the enforceability of waiver of subrogation provisions (usually under AIA contracts) to prevent claims for damage to the “Work” (again usually as defined by AIA contracts) when a builder’s risk policy should or does cover the damage.
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Singer/Jones: A survival guide for zombie construction projects

October 22, 2014
In real estate and construction, zombies really are all around us. Structures with no life inside scar the real estate landscape in every major city – the abandoned automobile-parts manufacturing facility; the half-completed condo building; the vacant video store with its giant, empty parking lot; the literal hole in the ground surrounded by rusted construction fencing and graffiti – all threatening the health and safety of the structures and inhabitants around them.
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Federal Bar Update: Minor rule changes and attorney-client privilege

October 22, 2014
John Maley
Any amendments to various federal rules always take effect Dec. 1. Some years there are significant changes, other years few or no amendments are in play. This December is very modest in terms of federal rule amendments.
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DTCI: Proceed with caution and civility during depositions

October 22, 2014
As a young lawyer, I have quickly learned that this friction between our duties to our clients and our duty to behave civilly becomes overly apparent at depositions. Without a doubt, depositions are an extremely effective and widely used discovery tool. They present great opportunity to gain valuable facts that can be used against an opponent. That being said, they also present great opportunity for incivility, especially because depositions are generally held outside a judge’s supervision.
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Living Fit: Sitting is killing you, so get moving

October 22, 2014
Sharon McGoff
How is a chair like a cigarette? They can both kill us.
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Start Page: Take a few (more) steps toward a ‘paper-less’ office

October 22, 2014
Seth Wilson
Law firms will likely never be completely paperless (i.e., completely electronic). A good goal for firms, courts and attorneys is to use less paper and be more “paper-less.” This article presents four steps you can take to reduce the use of, and reliance on, paper in practice.
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Hammerle On… 'Gone Girl,' 'The Judge'

October 22, 2014
Robert Hammerle
Bob Hammerle says "The Judge" can't be saved by the appearance of brilliant actors Robert Downey Jr., Robert Duvall and Vera Farmiga.
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Court hearing set for Gary man linked to 7 deaths

October 21, 2014
 Associated Press
A Gary man who police say confessed to killing one woman, helped investigators find six other bodies and indicated there may be more is scheduled to make his first court appearance.
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Judges participate in public forum asking ‘Is Indianapolis the next Ferguson?’

October 21, 2014
Marilyn Odendahl
A public forum in Indianapolis between law enforcement and the community meant to discuss ways the Circle City could avoid exploding like Ferguson, Missouri, instead highlighted the distrust local residents have of police officers.
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Judge must face federal lawsuit over drug court detentions

October 21, 2014
Dave Stafford
Clark Circuit Judge Jerome Jacobi must face a federal lawsuit from drug court participants who allege they were improperly detained or unlawfully arrested as participants in the problem-solving court he oversaw.
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Split COA reverses denial of post-conviction relief

October 21, 2014
Dave Stafford
A defense attorney’s failure to raise the consecutive sentencing limitation prejudiced his client, the majority of a Court of Appeals panel ruled, reversing denial of post-conviction relief for a man convicted of multiple burglaries. The court remanded for resentencing to trim six years off a 28-year prison term.
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Court of Appeals to hear arguments at IU Maurer

October 21, 2014
IL Staff
Indiana University Maurer School of Law will host an oral argument of the Indiana Court of Appeals Wednesday at the school’s moot court.
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St. Joseph County gets $399,000 grant to fight elder abuse

October 21, 2014
IL Staff
St. Joseph County will receive a $399,000 Department of Justice grant for training and services designed to combat violence against elderly and vulnerable populations.
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Pain clinic head faces prescription investigation

October 21, 2014
 Associated Press
State officials want the medical license suspended for a doctor who runs a string of Indiana clinics over his prescribing of pain medications.
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Indiana panel not making ethics suggestions

October 21, 2014
 Associated Press
A state legislative panel isn't making any recommendations on ethics rule changes that the General Assembly is expected to consider during its upcoming session.
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Finding victims in Gary case a lengthy process

October 21, 2014
 Associated Press
Investigators in two states are reviewing unsolved murders and missing person reports after the arrest of an Indiana man who police say confessed to killing seven women and hinted at more victims over a 20-year span.
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Attorneys general target Internet trafficking

October 21, 2014
 Associated Press
Two years after a federal judge struck down a Washington law that targeted websites like Backpage.com, new state and federal efforts are again calling for more oversight of sites that offer "adult services," in the hopes of curbing sex trafficking.
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Error in admitting drug conviction was harmless, 7th Circuit rules

October 20, 2014
Marilyn Odendahl
Although a witness’s changed testimony did not open the door wide enough to allow the introduction of a defendant’s prior drug record, the prosecution’s case was still substantial without the improper evidence so the defendant’s federal conviction will stand.
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Indiana justices to hear school bus fees appeal

October 20, 2014
Dave Stafford
The Indiana Supreme Court will decide whether a public school district may charge parents a fee to transport children to and from school.
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NDLS loan repayment program growing in dollars and applications

October 20, 2014
Marilyn Odendahl
Notre Dame Law School’s program to assist its graduates who pursue careers in the public service sector has reached the $1 million milestone.
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Elkhart teens, amici seek appeal of murder convictions

October 20, 2014
Dave Stafford
The felony murder convictions of two Elkhart County teens that splintered the Court of Appeals should be heard by the Indiana Supreme Court, the defendants and amicus filers say.
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State appeals ruling invalidating Marion County judicial election law

October 20, 2014
Dave Stafford
The state is appealing a federal judge’s ruling this month declaring Marion County’s Superior judicial election statute unconstitutional.
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Judge pushes for full-time public defender office

October 20, 2014
 Associated Press
A southern Indiana judge says his county needs a full-time public defender office to ensure those who can't afford attorneys receive strong legal representation.
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  1. Hi there I really need help with getting my old divorce case back into court - I am still paying support on a 24 year old who has not been in school since age 16 - now living independent. My visitation with my 14 year old has never been modified; however, when convenient for her I can have him... I am paying past balance from over due support, yet earn several thousand dollars less. I would contact my original attorney but he basically molest me multiple times in Indy when I would visit.. Todd Woodmansee - I had just came out and had know idea what to do... I have heard he no longer practices. Please help1

  2. Yes diversity is so very important. With justice Rucker off ... the court is too white. Still too male. No Hispanic justice. No LGBT justice. And there are other checkboxes missing as well. This will not do. I say hold the seat until a physically handicapped Black Lesbian of Hispanic heritage and eastern religious creed with bipolar issues can be located. Perhaps an international search, with a preference for third world candidates, is indicated. A non English speaker would surely increase our diversity quotient!!!

  3. First, I want to thank Justice Rucker for his many years of public service, not just at the appellate court level for over 25 years, but also when he served the people of Lake County as a Deputy Prosecutor, City Attorney for Gary, IN, and in private practice in a smaller, highly diverse community with a history of serious economic challenges, ethnic tensions, and recently publicized but apparently long-standing environmental health risks to some of its poorest residents. Congratulations for having the dedication & courage to practice law in areas many in our state might have considered too dangerous or too poor at different points in time. It was also courageous to step into a prominent and highly visible position of public service & respect in the early 1990's, remaining in a position that left you open to state-wide public scrutiny (without any glitches) for over 25 years. Yes, Hoosiers of all backgrounds can take pride in your many years of public service. But people of color who watched your ascent to the highest levels of state government no doubt felt even more as you transcended some real & perhaps some perceived social, economic, academic and professional barriers. You were living proof that, with hard work, dedication & a spirit of public service, a person who shared their same skin tone or came from the same county they grew up in could achieve great success. At the same time, perhaps unknowingly, you helped fellow members of the judiciary, court staff, litigants and the public better understand that differences that are only skin-deep neither define nor limit a person's character, abilities or prospects in life. You also helped others appreciate that people of different races & backgrounds can live and work together peacefully & productively for the greater good of all. Those are truths that didn't have to be written down in court opinions. Anyone paying attention could see that truth lived out every day you devoted to public service. I believe you have been a "trailblazer" in Indiana's legal community and its judiciary. I also embrace your belief that society's needs can be better served when people in positions of governmental power reflect the many complexions of the population that they serve. Whether through greater understanding across the existing racial spectrum or through the removal of some real and some perceived color-based, hope-crushing barriers to life opportunities & success, movement toward a more reflective representation of the population being governed will lead to greater and uninterrupted respect for laws designed to protect all peoples' rights to life, liberty & the pursuit of happiness. Thanks again for a job well-done & for the inevitable positive impact your service has had - and will continue to have - on countless Hoosiers of all backgrounds & colors.

  4. Diversity is important, but with some limitations. For instance, diversity of experience is a great thing that can be very helpful in certain jobs or roles. Diversity of skin color is never important, ever, under any circumstance. To think that skin color changes one single thing about a person is patently racist and offensive. Likewise, diversity of values is useless. Some values are better than others. In the case of a supreme court justice, I actually think diversity is unimportant. The justices are not to impose their own beliefs on rulings, but need to apply the law to the facts in an objective manner.

  5. Have been seeing this wonderful physician for a few years and was one of his patients who told him about what we were being told at CVS. Multiple ones. This was a witch hunt and they shold be ashamed of how patients were treated. Most of all, CVS should be ashamed for what they put this physician through. So thankful he fought back. His office is no "pill mill'. He does drug testing multiple times a year and sees patients a minimum of four times a year.

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