Hammerle makes his 2015 Oscar picks
Let me again venture out on a limb and make my Academy Awards picks. Of course, I will likely be wrong, but never in my cinematic heart.
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Neutral Corner: Use of mediator’s proposal should be a last resort
Mediation got an early and strong foothold in California in the late 1980s and that state has been an incubation site for several trends in the mediation process – some good, some bad and some perhaps a little ugly.
BGBC: Don’t get duped. Test your fraud skills
Do you think you are too smart to be duped by a fraudster? Have you been paying attention to our fraud articles? The Association of Certified Fraud Examiners estimates that the typical organization loses 5 percent of its annual revenue to fraud. Test your knowledge on fraud by taking this 10-question quiz.
Some counties funnel domestic relations cases to specific courts, others split load
The Indianapolis legal community was divided in the early 1990s over a plan to concentrate domestic relations cases into specific courts. The proposal became a reality, but the reality became too burdensome.
Senate panel backs absentee voter ID number proposal
An Indiana legislative committee has backed a proposal that would require the use of voter identification numbers for mail-in absentee ballots.
Indiana business opposes ‘religious freedom’ law Pence backs
Indiana business differed with Gov. Mike Pence and some clergy Monday on a proposed law that supporters say would protect people and businesses from having to take part in same-sex weddings and other activities they find objectionable because of religious belief.
Lundberg: The importance of preserving the attorney-client privilege
The dispute between former Indiana University Purdue-Fort Wayne Chancellor Michael Wartell and Purdue University has attracted much media attention – some of it wondering why Purdue would fight so hard to protect its claim that a lawyer-investigator’s report was protected by the attorney-client privilege and should not be released.
Indiana Judges Association: Law, time and judgment are shared responsibilities
When New York City claimed 20-30 inches of snow were coming (and got less than 10), I was reminded of so many lawyers who claim three days for their case (but only use one). All of us on the bench or bar tailor our talents toward forming our best judgments. Such a responsibility necessarily includes the talented due consideration of time.
Lucas: Looking back, looking ahead, and saying thanks
The dramatic changes that our world has experienced, and the impact those changes have had on the practice of law, has produced a fertile supply of topics to address over the years.
Foos: Forget the next big thing; focus on your existing technology
What we often forget is that the focus of legal-based technology is to increase the productivity of attorneys, paralegals and administrative staff. We’re focused on the next big thing when we should be identifying how to customize our existing technology to save time and increase productivity.
Texts present unique challenges in evidence preservation and admission
Of the billions of text messages sent daily in the world, a few will wind up as evidence in litigation. A few that should will not, and that could mean trouble for lawyers.
New class at Notre Dame gets students to think about technology’s impact
Lawyers should not feel threatened by the new programs and websites that, in some cases, let lay people handle some of their legal issues, an attorney and legal technology entrepreneur says. In fact, the new technology actually allows lawyers to fill their true role as counselors.
Legislature tinkers with new Indiana criminal code
Two different stories by two different witnesses highlighted Indiana’s continuing struggles with its new criminal code.
Homeless Project enables attorneys to offer advice and guidance to shelter residents
Residents in homeless shelters in Indianapolis are receiving legal advice and guidance through the Homeless Shelter Project. The program, now administered by the Indianapolis Bar Association, sends pairs of attorneys to a handful of shelters around the city every three weeks to meet with residents needing help.
Lawyer to justices: 4th Amendment waivers require reasonable suspicion
Community corrections officers should have cause before searching the home of someone who has signed a waiver of their Fourth Amendment rights as a condition of probation, a lawyer argued recently before the Indiana Supreme Court.
Indiana bills to increase minimum wage go unheard
More than half of states in the U.S. have enacted laws increasing their minimum wages above the federal standard of $7.25 an hour, but the Indiana Legislature won’t even discuss it.
Criminal code funding bill passes House committee
The Indiana House Judiciary Committee has unanimously passed a funding bill that would provide the resources that many agree are necessary to reduce the number of nonviolent offenders who repeatedly reenter the criminal justice system.
Justices add malpractice, adoption cases to docket
The Indiana Supreme Court will review summary judgment in favor of healthcare providers sued for medical malpractice in a stillbirth case as well as an adoption by a grandmother who claimed a 1997 conviction for neglect of a dependant should not automatically bar her from adopting the children.
Opinions Feb. 9, 2015 ILD
Indiana Court of Appeals
Paul D. Stucker v. State of Indiana (mem. dec.)
46A05-1403-CR-117
Criminal. Affirms conviction and 45-year sentence for murder.
Michael L. Turner v. Jennifer D. Pence (mem. dec.)
90A05-1409-DR-447
Domestic relation. Affirms denial of Turner’s motion to hold Pence in contempt.
In the Matter of: S.E. (Minor Child), a Child in Need of Services, and L.E. (Father) v. Indiana Department of Child Services (mem. dec.)
29A02-1406-JC-416
Juvenile. Affirms order finding S.E. to be a child in need of services.
Stephen Perry v. State of Indiana (mem. dec.)
29A04-1406-CR-291
Criminal. Affirms conviction of Class A felony conspiracy to commit murder.
Neil A. Clements v. State of Indiana (mem. dec.)
18A04-1406-CR-268
Criminal. Affirms revocation of commitment to community corrections order to serve previously suspended sentence for conviction of Class C felony nonsupport of a dependent.
Shaun Terrell Balkcom v. State of Indiana (mem. dec.)
71A03-1407-CR-254
Criminal. Affirms convictions of Class A felony and Class C felony charges of child molesting.
Justin Mullins v. State of Indiana (mem. dec.)
48A04-1403-CR-115
Criminal. Affirms revocation of probation.
Opinions Feb. 9, 2015
Indiana Court of Appeals
Shane L. Keller v. State of Indiana
88A04-1404-CR-168
Criminal. Affirms in part, reverses in part and remands the 50-year aggregate sentence for convictions of two counts of Class B felony burglary, one count of Class C felony burglary, three counts of Class D felony theft, two counts of Class D felony receiving stolen property, and enhancement for habitual offender. Remands with instructions to vacate two receiving stolen property convictions and the sentences for them because they violate the prohibition against double jeopardy with respect to the theft convictions.