Hammerle on… “The Vietnam War”
The 10-part PBS series is a poignant, historical masterpiece that relives a misguided military adventure that took the lives of more than 58,000 young American men.
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Worker barred by noncompete challenges commercial courts
One of the first Indiana commercial court cases argued on appeal opened with a hearing-day motion filed Sept. 25 in the Indiana Court of Appeals challenging the constitutionality of the state’s year-old pilot project. A panel of the COA heard the appeal of Craig Vickery, a former employee of Ardagh Glass Inc., who was barred […]
Susskind: Hang on to your laptops, upheaval will increase
Even while he outlines the profound changes that will rock the legal industry in the next 15 years, Richard Susskind maintains there will still be room for those who became lawyers because they want to make a difference.
New limits proposed for civil forfeiture
After a federal judge ruled part of Indiana’s civil forfeiture framework unconstitutional, state lawmakers are now reviewing proposed legislation to bring that framework in compliance with federal mandates and prosecutors’ suggestions.
Van Winkle: Joint sessions in mediation facilitate settlement
As the mediation process has evolved, one of the most significant changes is the trend in many jurisdictions, and among many lawyers and mediators, to dispense with the initial joint session. Perhaps because most of today’s litigators did not have experience with the pre-mediation settlement process, some of the fundamental factors and dynamics that make the joint session important in the settlement process are not evident.
Study: Mediation favored; style fitting litigants’ status may be better
A novel Indiana study finds judges, lawyers and mediators broadly agree that mediation is likelier than trial proceedings to provide fair and satisfactory results for couples in family law cases. Researchers also suggest that mediators may be able to further improve outcomes by tailoring their styles to fit litigants’ circumstances.
McKinney remembered as humorous, hardworking
Senior Judge Larry McKinney of the District Court for the Southern District of Indiana is remembered as a brilliant, dedicated jurist who could also keep things light with his quick wit. McKinney died Sept. 20 at age 73.
Southern District of Indiana shoulders heavy caseload, hopes for new judge
A workhorse court within the 7th Circuit, the U.S. District Court for the Southern District of Indiana has long been designated as a judicial emergency. It’s now having to cope with the caseload made heavier by the recent deaths of two colleagues.
Justices order dissemination charge reinstated, overrule COA precedent
A 38-year-old man who sent an explicit photo to a 16-year-old girl must face a felony charge after the Indiana Supreme Court ruled that it is illegal for adults to send sexually explicit photos to any person under the age of 18. The high court also overruled a 2009 Court of Appeals decision that had reached the opposite conclusion.
Indiana Supreme Court to hear death penalty arguments this week
The justices of the Indiana Supreme Court will consider the fate of the state’s death penalty protocol when it hears arguments this week in a case challenging the legality of how the protocol was enacted.
Red Mass scheduled for Notre Dame and Indianapolis
Two Red Masses will take place this week for members of the Indiana legal community.
Indiana couple pleads guilty to stealing $1.2M from Amazon
An eastern Indiana couple has pleaded guilty to stealing more than $1.2 million in merchandise from online retail company Amazon.
Northern District of Indiana senior judge to help the Southern District
Coping under a judicial emergency that has been exacerbated by a sudden death of a Senior Judge Larry McKinney, the U.S. District Court for the Southern District of Indiana is getting much needed help from its northern Hoosier neighbor.
Opinions Oct. 2, 2017
Indiana Supreme Court
State of Indiana v. S.G.T.
29S02-1705-CR-284
Criminal. Reverses the Hamilton Superior Court’s dismissal of the charge of Class D felony dissemination of matter harmful to minors against 38-year-old S.G.T., who sent a photo of his genitals to a 16-year-old girl. Overrules Salter v. State, 906 N.E.2d 212 (Ind. Ct. App. 2009). Finds the dissemination statute, Indiana Code 35-49-3-3(a)(1) (2008), is not unconstitutionally vague.
Tax Court rules against CVS in dispute over Monroe County store valuation
The most recent in a long line of tax disputes between the Monroe County assessor and CVS Corp. has ended with two rulings against CVS after the Indiana Tax Court affirmed assessed valuations of Monroe County CVS stores.
Juvenile court must reconsider modification petition for teen without counsel
A Kosciusko County teen who was made a ward of the Department of Correction will get another day in court after the Indiana Court of Appeals determined the teen did not waive his right to counsel at the hearing where he was made a ward.
COA affirms termination of parental rights, declines request to interpret phrase in statute
The Indiana Court of Appeals has affirmed the termination of a father’s parental rights, even though the fact-finding hearing was held outside the statutory time frame. The judges also declined to interpret whether the applicable statute contains directory or mandatory language.
First Monday in October: New Supreme Court term begins
The Supreme Court is starting its new year, with Justice Neil Gorsuch on board for his first full term.
Indiana undecided on how to spend $41M Volkswagen settlement
Indiana officials have yet to decide how to use the $41 million the state will receive from a settlement federal regulators reached with Volkswagen, which cheated on emissions tests.
Autopsy: Man who fled police fatally shot by trooper
Authorities say an autopsy determined that a man wanted by police after fleeing from a traffic stop in Columbus was fatally shot by a state trooper in southern Indiana.