Video depositions can be a compelling trial tool
The ability to catch the nonverbal messages and vocal inflections made by witnesses and experts is the biggest benefits to videotaping depositions, attorneys say.
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Articles
State agencies claim information protected by deliberative process privilege
An acrimonious fight between an Indiana businessman and the Indiana Department of Revenue has not only forced the Indiana Tax Court to take the unusual step of getting involved in the discovery process but also created a case of first impression.
Supreme Court committee studying alternatives to bail
The Committee to Study Evidence-Based Pretrial Release was established by Indiana Chief Justice Brent Dickson in December 2013. The Supreme Court wants a study and evaluation of the risk-assessment tools that are available to determine when pretrial release is appropriate and under what conditions.
ABA releases tool to assess cognitive impairment
To help attorneys who are concerned about the intellectual fitness of another lawyer or judge, the American Bar Association has recently released a cognitive assessment tool. The “Working Paper on Cognitive Impairment and Cognitive Decline” is a questionnaire designed to give attorneys guidance in determining whether a partner or friend is just having a bad month or is suffering from something more serious. It also provides recommendations for talking to a colleague who is exhibiting troublesome behavior.
Decision against travel bureau over domain name draws sharp dissent on appeal
An Indiana Court of Appeals judge recently wrote that her colleagues who formed the majority to rule against a local tourism board were “out of touch,” and she suggested a case over an Internet domain name presented a novel issue that no court in the country has addressed.
Same-sex couples ask Social Security Administration to recognize their Indiana marriage
A pair of Indiana same-sex couples who were married in June have asked the U.S. Social Security Administration to recognize their marriages.
Justices to review denial of shooter’s insanity defense
The Indiana Supreme Court will hear the appeal of a man whose 120-year sentence on conviction of four counts of attempted murder was reversed by the Court of Appeals.
Warrantless search based on smell does not violated 4th Amendment
Despite the absence of danger to the public, the strong odor of raw marijuana provided the probable cause a police officer needed to conduct a warrantless search.
COA rules grandparent visitation order prejudiced father
A father who asked the trial court for a continuance to hire a lawyer after he realized his child’s grandparents had hired an attorney was prejudiced when the request was denied, the Indiana Court of Appeals ruled Monday.
Prisoner wins right to recruit counsel in federal civil suit
A prisoner was improperly denied counsel to help with discovery in his federal lawsuit that claimed a medical provider was deliberately indifferent to glaucoma that ultimately required removal of part of his eye.
7th Circuit rejects prisoner’s ineffective assistance appeal
A man convicted of attempted murder failed to convince a panel of the 7th Circuit Court of Appeals that he suffered sufficient prejudice to warrant relief from a 90-year sentence imposed after a brutal crime.
7th Circuit affirms dismissal of Indianapolis wrongful arrest suit
A plaintiff who judges say took a “kitchen sink” approach to litigation over an alleged wrongful arrest failed to convince the 7th Circuit Court of Appeals that a federal judge in Indianapolis improperly dismissed most of her complaint.
Court rules stun gun is deadly weapon under battery statute
The battery with a deadly weapon conviction of a man who attacked a resident manager at a Noblesville trailer park with a metal pipe and a stun gun was affirmed by the Indiana Court of Appeals Monday.
Non life-threatening injury gets aggravated battery conviction reversed
A defendant who shot at a car with a semiautomatic rifle, causing a bullet to graze the driver, did not commit Class B felony aggravated battery because the injury inflicted upon the victim did not create a substantial risk of death.
Hogsett joining Bose McKinney & Evans
Outgoing U.S. Attorney Joe Hogsett will join the Indianapolis law firm of Bose McKinney & Evans LLP, effective Aug. 1, the firm announced in a news release Monday.
7th Circuit denies en banc motion in same-sex marriage challenge
The 7th Circuit Court of Appeals denied the state’s motion and will seat the standard three-judge panel when it hears oral arguments next month on Indiana’s same-sex marriage lawsuits.
Employee’s auto accident on way home from business meeting not company’s fault
A company whose employee hit and killed another motorist after having dinner and drinks with a client is not liable because the employee was “going and coming” from work when the tragedy occurred, the Indiana Court of Appeals ruled.
Plaintiffs say they joined same-sex marriage lawsuit because ‘We wanted to be married’
Although oral arguments in the Indiana same-sex marriage lawsuits will not be heard until late August, plaintiffs in one of the cases are hoping the 7th Circuit Court of Appeals acts quickly so their challenge can be heard by the Supreme Court of the United States.
COA reverses ruling against Carmel in building dispute
A Carmel couple who successfully sued the city that at first permitted construction of an accessory building that neighbors later complained was taller than zoning codes allowed lost Friday at the Indiana Court of Appeals.
Additional public defender fees without hearing affirmed
A man who appealed a court order that he pay fees in excess of the statutory public defender fee capped at $100 lost his appeal, though one judge said the trial court must hold a hearing on the defendant’s ability to pay.