Indiana Court Decisions — May 9–21, 2019
Read Indiana appellate court decisions from the most recent reporting period.
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DTCI: The Scope of Discovery Standard — Is it Time for an Update?
Indiana implemented the scope of discovery standard in what is now the first paragraph of Ind. Trial Rule 26(B)(1), a standard with which we are all familiar. It has remained unchanged since, despite advances in technology have changed the landscape in which it functions.
Cash held by state shutters domestic violence shelters
A much longer-than-ordinary delay funneling state and federal grant dollars through the Indiana Criminal Justice Institute to domestic violence agencies has had dire results for many, causing at least one shelter for victims of abuse to close.
Contamination at justice center site concerns judges
After being home to a gas and coke facility for nearly 100 years, the land designated for the new Marion County Community Justice Center has a toxic legacy buried deep in its soil. Judges have asked for a second opinion on the environmental health of the location in the Twin Aire neighborhood of Indianapolis.
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Indiana fetal disposition law upheld by U.S. Supreme Court
Indiana’s law mandating that fetal remains be either buried or cremated has been upheld by the Supreme Court of the United States in a per curiam opinion issued Tuesday that found the 7th Circuit Court of Appeals had “clearly erred” in overturning the law. However, in the same opinion, the Supreme Court let stand a ruling which blocked another Indiana law that would have prevented abortions based on the gender, race or genetic abnormality of the fetus.
New Indiana lawyers admitted to practice
The Indiana Lawyer congratulates the newest attorneys in the state listed here, many of whom took their oaths in a ceremony May 14 in Indianapolis.
New lawyers advised they cannot achieve success by themselves
As the newest group of Indiana attorneys raised their right hands and took their admission oaths May 14, they were reminded that just as they needed to achieve this success, they will continue throughout their careers to need a little help from their friends.
Bowling: Calm within the storm — Advice for new attorneys
As much as I’d like to tell you otherwise, beginning your new career that you’ve devoted the last three years of your life preparing for isn’t all sunsets and splendor. It’s tough, but with the right advice and the right attitude, it can be fun.
Tough transition: Young lawyers say early struggles lead to attorney growth
A recent survey of young Florida attorneys found that roughly 58 percent say the practice of law has become “less desirable” to them as their years in practice have increased. But facing difficulties doesn’t mean the next generation of Indiana lawyers are preparing to switch careers. Rather, they say the struggles they encountered, though painful at the time, have improved their skills as client advocates.
Lueken: Tax Cuts and Jobs Act requires review of irrevocable trusts
Have you reviewed your clients’ estate plans since the Tax Cuts and Jobs Act of 2017 (“Tax Act”) took effect? Among its myriad changes, the Tax Act drastically increased the federal estate tax exemption.
Accused pediatrician’s medical license suspension extended
A Boone County pediatrician charged with sexually abusing three boys has had his medical license suspended for another 90 days. The Indiana Medical Licensing Board originally suspended 41-year-old Dr. Jonathon Cavins’ medical license in March for 90 days, until mid-June, but the board recently added another 90 days to the Jamestown man’s original suspension, meaning he’ll remain suspended until after his July trial.
Kissel & Snellenbarger: When to tell the IRS about gifts to children
When giving gifts to children, we think about birthdays and achievements, but we rarely question whether those gifts are taxable or reportable. Even if only using a portion of your lifetime exemption, be sure gifts to children are reported when necessary.
Report: Detective’s contact with USA Gymnastics not a breach
An internal Indianapolis police investigation has determined a detective didn’t violate department policies by working with USA Gymnastics’ former chief executive to deflect criticism of the organization’s child abuse reporting policies. The Indianapolis Metropolitan Police Department conducted a months-long probe into the actions of Lt. Bruce Smith, an acquaintance of ex-USA Gymnastics CEO Steve Penny who formerly ran the department’s Child Abuse Unit.
Retzner: Indiana’s ‘legacy trust’ law creates new asset protection strategy
Indiana embarks on a bold new planning strategy on July 1. As of that date, individuals will be able to avail themselves of “legacy trusts” as an additional method by which they can lawfully protect assets against creditors.
Discovering long-lost family: Inheritance laws cover surprise relatives, but changes possible
Off-the-shelf DNA test kits and online genealogical searches are connecting previously unknown extended family members and sometimes alerting children their dad is actually not their biological father. Could a claim to an estate be far behind?
Trimble: The continuum of law — not a one-size-fits-all profession
As I have made my own observations about the pace of change in the legal profession, and the supposed differences in generations, I have come to the realization that a career in law is a continuum, and that we all slide up and down that continuum as our life cycles change. Law never has been, nor will it ever be a “one-size-fits-all” occupation.
Hearing officer Selby sets Hill’s disciplinary case for October
The formal attorney discipline hearing against Indiana Attorney General Curtis Hill will likely be held in late October, according to former Indiana Supreme Court Justice Myra Selby, the hearing officer in his legal ethics case over accusations of sexual misconduct.
Indiana prosecutor asks state police to investigate his office
The prosecutor in Vigo County says he’s fired the director of the child support division and asked for a police investigation of his office. But Prosecutor Terry Modesitt declined to offer details on the investigation, saying he wants to be “very generic” during an “ongoing investigation.”
‘Red flag law’ changes narrow language, information gaps
Indiana is considered a leader in the red flag law movement that allows firearms to be confiscated from people deemed dangerous. But with language that some experts considered overly broad and potentially unconstitutional, the Indiana General Assembly revisited that legislation, known as the Jake Laird Law, during the 2019 legislative session.
