COA reverses incest, child molesting convictions after double jeopardy violation
The Indiana Court of Appeals partially reversed a man’s conviction for child molesting and incest when it found a double jeopardy violation in the convictions.
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Inmate who dressed as old woman, carried urine into court loses appeal of denial of pro se rights
A Marion County defendant whose right to proceed pro se was terminated after a judge determined his physical state precluded him from doing so has lost his appeal of that termination, with the Indiana Court of Appeals finding the man used his illness to try to influence the court and jury.
Reversal: Officers entitled to qualified immunity after inmate death
The 7th Circuit Court of Appeals reversed a grant of judgment in favor of a deceased inmate’s estate, finding two officers who placed the inmate in a cell while he was intoxicated were entitled to qualified immunity.
COA upholds mixed sentences for murder, attempted murder convictions
A Lake County man sentenced to an aggregate 225 years lost his pro se appeal after the Indiana Court of Appeals determined his sentence, which included a mix of terms running consecutively and concurrently, did not violate state statute,
Darmstadt apartment zoning approval splits appellate court
A controversial proposed apartment complex in the Vanderburgh County community of Darmstadt is poised to proceed after a divided panel of the Indiana Court of Appeals upheld the trial court’s rejection of two petitions contesting the zoning board’s approval.
Summary judgment for former sheriff reversed after sexual assault allegations against deputy
The 7th Circuit Court of Appeals has overturned summary judgment for a former Lake County sheriff sued after a local woman alleged a sheriff’s deputy sexually assaulted her while in her home, with the court finding the woman’s respondeat superior claim against the sheriff can proceed.
Do we have to pay a price to practice law and have it all?
As I sit here, nearly six months pregnant, I’m prepping for two trials before the end of the year, preparing to travel overnight for work this week and, well, writing this article. Not to mention, I’m also staring at a pile of laundry and trying to monitor my 2-year-old son to make sure he’s not […]
Law Student Outlook: Mental health and the legal profession
As 2Ls who recently, and very thankfully, came out of a challenging season of firm recruitment successfully, a small fraction of that stress is no longer weighing on us, but that does not change the overall mental health landscape typical of law school. Beyond that, the workplace culture that we will enter upon graduating and passing the bar is nearly guaranteed to continue that cycle.
Start Page: Use automation to harness benefits of modern technology
Why is there so much talk about automation in the practice of law these days? Almost every legal technology source extols the benefits of automation. There must be a reason, right? Yes. Automation of routine tasks can benefit your practice in multiple ways.
Millis: Time’s up: AIA retires 2007 contract forms, makes key changes
Commercial construction lawyers use American Institute of Architects (AIA) forms more than any other. Every 10 years, the AIA updates its contract documents to reflect legal trends and changes in the industry. If you are one who has waited to make the switch to the 2017 forms, your time is up.
Law: Ben Franklin and the U.S. Tax Cuts and Jobs Act of 2017
As part of the U.S. Tax Cuts and Jobs Act of 2017, socially conscious investors now have the opportunity to defer or even avoid taxes on capital gains received from the sale or exchange of an investment. Under the new tax benefit, investors can defer tax on prior capital gains if their prior capital gains are invested in a Qualified Opportunity Fund.
Construction attorneys say contract disputes remain most common
Of all of the things that can go wrong during a construction project, a contractual dispute is the most likely problem. A recent report found that such disputes take, on average, 18 months to resolve — an increase over 2016.
Rush & Chaudhary: Joining forces to fight the opioid crisis
It is imperative that our legal system work on sustainable solutions to the opioid crisis. This epidemic is not only a major public health crisis — it also creates a variety of civil legal challenges.
Addressing opioids requires stakeholders to work together
Disconnect between Americans with addictions and civil legal aid options was the subject of the Oct. 17 meeting of the Legal Services Corp.’s Opioid Task Force. Gathered in downtown Indianapolis ahead of LSC’s board meeting in the Circle City, the task force met to address the civil legal aid implications of the opioid epidemic.
Indiana Supreme Court asked to review rent-to-buy agreements
Asserting the Court of Appeals’ ruling in a rent-to-own dispute will adversely impact tenants across the state, Indiana Legal Services filed a petition Monday to transfer its litigation against Rainbow Realty Group for the company’s rent-to-own practices. In its transfer petition,Indiana Legal Services argued Rainbow's rent-to-buy contract is a lease governed by the state’s Landlord-Tenant Act.
Bridging the justice gap: LSC board meeting highlights civil aid collaboration
As the need for civil legal aid continues to outstrip the resources to provide representation, Legal Services Corporation maintains that collaborating and partnering with other nonprofits can boost the ability to reach more low-income people and families.
DTCI: Do we have to pay a price to practice law and have it all?
Do we all feel like we are drowning? Probably not, or at least I hope not. Some days I definitely feel like I have it all together. But what can we all do to help each other — and not just defense attorneys, but all members of the Indiana bar — during those days and weeks when we are struggling?
Valparaiso Law’s future still in limbo after transfer falters
The work to move the law school from Valparaiso to Middle Tennessee State University in Murfreesboro has stopped, and both schools have indicated they are not going to continue to pursue the transfer, leaving the fate of Valparaiso Law School uncertain.
Trump administration wants delay in census lawsuit trial
The Trump administration wants the Supreme Court to postpone a trial over the decision to add a citizenship question to the 2020 census. The request submitted to Justice Ruth Bader Ginsburg Monday says a federal judge in New York should not move forward with a Nov. 5 trial exploring whether Commerce Secretary Wilbur Ross improperly decided the census should ask about citizenship for the first time since 1950.
Harrell: Meet the JLAP staff — faces of those lending a helping hand
The Indiana Judges and Lawyers Assistance Program is staffed by five passionate individuals. We all have different specialty areas but are well cross-trained to jump in and do whatever needs to be done.