Mishawaka teen gets 65 years in pregnant schoolmate’s killing
A 17-year-old northern Indiana boy has been sentenced to 65 years in prison in the fatal stabbing of a schoolmate who was pregnant with his child.
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McConnell says he has votes to set rules for Trump’s trial
Senate Majority Leader Mitch McConnell said he has the votes to start President Donald Trump’s impeachment trial as soon as House Speaker Nancy Pelosi releases the documents, winning support from GOP senators to postpone a decision on calling witnesses. The announcement Tuesday was significant, enabling McConnell to bypass for now Democratic demands for new testimony as he launches the third impeachment trial in the nation’s history.
Zoeller & Makris: Reform needed to protect child’s best interests in custody disputes
One of the most troubling events that can arise in a family law matter is when children of the parties are placed in the middle of the parents’ adversarial proceeding. Legislative reform is needed.
Native American adoption dispute puts decades-old statute on defensive
The effort that Indiana joined to overturn the Indian Child Welfare Act, which seeks to preserve Native American families, is headed for another round in appellate court as the 5th Circuit Court of Appeals prepares for a rehearing en banc following a lower court’s ruling that the 40-plus-year-old federal statute was unconstitutional.
Good faith effort: Marion County creates program for parents who lose licenses over child support
The Marion County Prosecutor’s Office launched a temporary program last month designed to help delinquent parents get their licenses back while also ensuring they meet their child support obligations. Scores of parents since have had their driving privileges restored while getting back on the right road with their support payments.
Risk assessments for booked inmates take effect statewide
A new Indiana rule requiring that booked inmates be assessed to determine risks or benefits of releasing them before trial is expected to eventually reduce overcrowding at the state’s county jails, criminal justice officials say.
Alternative approaches: Pew study finds civil legal problems impacting 47% of US households
After finding the need for civil legal assistance in the United States is widespread across all income levels — and perhaps spread wider than previously thought — The Pew Charitable Trusts sees a need for new solutions to addressing the problems experienced by many individuals and families.
Indiana Court Decisions – Dec. 18-31, 2019
Read Indiana appellate court decisions from the most recent reporting period.
Uniform Bar Exam adoption not unanimous
Of Indiana’s four neighboring states, one has adopted the Uniform Bar Exam, one is preparing to adopt, one is expected to adopt and one is not even considering adoption.
Many see advantages in Uniform Bar Exam
Working at a Fort Wayne law firm before enrolling in law school, Julia Kosnik saw the benefit of being able to help clients across state lines from a partner who was licensed in both Indiana and Michigan. “It would be so much easier if I could take the (Uniform Bar Exam) and practice in both states,” Kosnik said. “I’m hoping they move in that direction.”
Stafford: 20 reasons to nominate someone for Leadership in Law 2020
Indiana Lawyer readers, have you nominated a deserving attorney for our annual Leadership in Law awards? We know it’s the start of the year, and it’s an especially busy time (when isn’t it?), but time is running out — nominations must be made by noon Jan. 31.
Round trip: Indiana COA hears arguments in all 92 counties
The Indiana Court of Appeals has wrapped up its pursuit of visiting every county through its Appeals on Wheels program. Introduced during the appellate court’s centennial in 2001, the traveling program has ventured statewide to high schools, colleges, law schools and other venues, promoting civics education by inviting local communities to observe how the appellate judiciary works.
Wise counsel when moving between firms
Law firm managers have long known they can’t require attorneys to sign noncompete agreements when they join a firm. Even so, there have still been instances where firms have made it challenging for a lawyer trying to make a lateral move. But a recent opinion from the American Bar Association Standing Committee on Ethics and Professional Responsibility makes it clear that any provision of an employment agreement that interferes with a client’s autonomy is never acceptable.
Commission seeks attorney’s suspension in Park Tudor sex scandal discipline case
The Indiana Supreme Court Disciplinary Commission is calling for the suspension of a prominent Indianapolis employment attorney it accused of possessing child pornography in the fallout of a teacher-student sex scandal at Park Tudor High School. His defense team counters that no sanction is warranted.
Jeffersonville man incompetent again for trial in gruesome killing
A southern Indiana man accused of killing his ex-girlfriend and eating parts of her body has once again been found incompetent to stand trial in the 2014 slaying, months after his first trial ended in a mistrial. An agreement between Joseph Oberhansley’s defense attorneys and Clark County prosecutors stipulates that he is to be transported to a state hospital for competency restoration, based on two evaluations filed in December by psychiatrists.
Community Health accused of improper Medicare claims in federal lawsuit
The United States government has filed a complaint against Community Health Network, alleging the central Indiana health care system submitted false claims to the Medicare program. Community, however, is calling the claims “meritless.”
Former Attica High School coach sentenced to 24 years for child porn
A former Attica High School assistant track coach has been sentenced to 24 years in federal prison after pleading guilty to charges of production and possession of child pornography. Jeremy Kelley, 41, of Attica, was sentenced by U.S. Southern District Court Senior Judge Sarah Evans Barker, U.S. Attorney Josh Minkler announced Monday.
7th Circuit orders $1,000 sanction against Crawfordsville attorney accused of altering evidence
A Crawfordsville attorney accused of altering photos submitted as evidence in a slip-and-fall case must pay a $1,000 sanction to the 7th Circuit Court of Appeals. The attorney has also self-reported the underlying incident to the Indiana Supreme Court Disciplinary Commission.
Fearnow, Modisett sign lawyers letter refuting McConnell on impeachment trial
Two prominent Hoosiers have joined hundreds of attorneys who signed a letter condemning Republican Senate Majority Leader Mitch McConnell’s handling of a possible impeachment trial of President Donald Trump.
Sheriff: Distracted trucker charged in Boone Co. crash that killed 3
A Michigan trucker distracted by his coffee mug was charged in connection with a nine-vehicle crash in Boone County that killed three people, including a toddler, and injured more than dozen others, authorities said Monday. Boone County sheriff’s officials said Matthew Small, 34, of Grandville, Michigan, was jailed after being charged with three counts of reckless homicide.