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Opinions May 16, 2017

Indiana Court of Appeals
Tommy R. Pruitt v. State of Indiana
15A05-1606-CR-1235
Criminal. Affirms Tommy R. Pruitt’s sentence to an aggregate term of 180 years for the murder of a law enforcement officer acting in the line of duty. Finds the trial court would have imposed the same sentence of 65 years for Pruitt’s murder charge had it only considered the aggravators that complied with Blakely v. Washington. Also finds Pruitt’s sentence is not inappropriate in light of the nature of the offense and his character.

Judge: Alabama may keep execution records secret

Alabama can keep secret its records from recent lethal injections, including documents about an inmate who coughed for the first 13 minutes of the procedure, a judge has ruled.

Schocke: Tech saves money, attracts talent, keeps employees happy

Although legal research has become more efficient, most attorneys still work in the traditional office while sitting at a desk. However, with tools like widespread broadband access, videoconferencing and file sharing systems, it begs the question as to whether the large office footprints and office settings are truly necessary to achieve success.

Cunningham: 5 tips to survive a Daubert challenge  

The Daubert standard is one area of the law that concerns attorneys and financial damages experts alike. For a financial expert, no other measure in the federal court system goes to the core of a financial expert’s competence and thoroughness in his or her work product like the Daubert standard. For a trial attorney, a case can often be jeopardized if a Daubert challenge to an expert is successful.

Judgment by algorithm

Risk assessment tools are raising concerns about accuracy and constitutional violations.

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Justice Department: School bullying persists, sex assaults up

One in every 5 middle and high school students has complained of being bullied at school and the number of reports of sexual assault on college campuses has more than tripled over the past decade, according to a federal study released Tuesday.

Conan jokes may have killed, but he stands accused of theft

What do Caitlyn Jenner, Tom Brady and the Washington Monument have in common? They’re all subjects of punchlines Conan O’Brien is accused of ripping off — and that’s no joke. O’Brien lost an effort to toss out a federal copyright infringement lawsuit in San Diego last week, potentially setting up a novel trial over comic creativity and the value of laughter.

Holcomb’s executive order expected to ‘ban the box’ in state job applications

A bill prohibiting communities from enacting their own ban the box ordinances stirred divisions in the Indiana Legislature with supporters arguing for employers’ rights and opponents citing the need for individuals to have equal opportunities for jobs. However, when Gov. Eric Holcomb announced his intention to sign Senate Enrolled Act 312, he brought some rare unity between the two sides. Along with enacting the new law, the governor also said he would sign an executive order that will essentially ban the box for state agencies.

Kagan: Supreme Court did ‘pretty darn well’ with just 8 justices

During the 419 days the Supreme Court operated with an even number on the bench, the eight justices worked to find common ground so the court could issue majority opinions. Justice Elena Kagan said she and her colleagues learned to keep talking, listening and persuading as well as being open to persuasion.

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Character better predictor of lawyering success, panel says

Although Rebecca Love Kourlis sees more collaboration than in the past, she said the gap between the skills the legal profession needs in today’s market and the attorneys law schools are producing is not only widening but will be difficult for legal education to overcome.