The focus of this survey is upon developments in Indiana’s evidence law spanning the period from October 1, 2016 through September 30, 2017. In keeping with the consistent practice of this survey since the 1996 installment, the topics for discussion shall be addressed in the same order as the Indiana Rules of Evidence.More
This Article focuses on opinions from the Indiana Supreme Court and many of the significant opinions from the Indiana Court of Appeals, on a wide range of [criminal law and procedure] issues that affect cases from their beginning to end.More
On April 21, Governor Eric Holcomb signed into law an enactment of the General Assembly that Secretary of State Connie Lawson called “the most farreaching revision of Indiana business laws in more than two decades.” The new act consolidates in a single place in the Indiana Code and harmonizes certain administrative provisions and provisions governing transactions that had previously been contained in five different business entity statutes. Although the new law does not bring about much substantive change, it contains an unprecedented amount of procedural simplification.More
There are many things to enjoy about spending time at a lake: teaching one’s kids to waterski, taking long pontoon boat rides, playing the Beach Boys’ greatest hits on repeat, floating around on a raft, and, of course, cornhole—Indiana’s true pastime.
Unfortunately, no matter how fast you run to your car at 4 p.m. on Friday afternoon to beat the weekend traffic or how far you travel to “your” lake, legal challenges may follow you.More
After years of disclosure of forensic frauds, discrediting of previous forensic techniques, and exonerations of innocents incarcerated for crimes they did not commit, in 2009, at the behest of Congress, the National Academies of Science published a thoughtful, but devastating critique of the practice of forensic science in the criminal courts of the United States.More
During recent decades, the teaching and discussion of Evidence law have come to focus almost entirely on the topics covered by the Federal Rules of Evidence and their state equivalents. Just as the Federal Rules of Civil Procedure caused teachers and scholars to focus on what they cover, the Federal Rules of Evidence have come to define our understanding of what Evidence law is about.More
Any new practice involving communication can pose a challenge to established free speech law. A few such practices are of exceptional value in promoting a clearer understanding of free speech law and, crucially, of the increasingly important deficiencies of even our best free speech theories. The practice of projecting light messages onto targeted property is just such a practice.More
Students seek to bust the curve in law school. The law faculty’s job is to ensure that in doing so, students will be well positioned for success in life and the profession. In a constantly changing economy and society, the faculty does its job by keeping ahead of the curve itself.
The written submissions from Upward! combine to relate a story of law school curricular, student body, and course design that responds to the changing needs and realities of the profession and student demand.
Earlier this year, a trial court in Indiana ordered IBM to post a $25 million appeal bond staying execution of a $78 million judgment. The litigation arose from IBM’s breach of a contract requiring it to automate much of Indiana’s welfare services. The amounts of both the judgment and appeal bond are perhaps extraordinary. Still, the IBM case highlights lessons for attorneys requesting stays in more commonplace civil cases.
This Article begins by explaining why a party would need to request an appeal bond and the requirements for doing so. It then addresses how courts determine the amount to fix for such a bond. It concludes by offering some practical considerations for both defendants (judgment-debtors) and plaintiffs (judgment-creditors).More
The Federal Sentencing Guidelines were originally imposed by Congress in the Sentencing Reform Act of 1984 (SRA). This statute was an attempt to create a determinate sentencing system, which included large-scale elimination of parole and severe restriction of good time credit in order to create a system in which criminals would serve most or all of the time to which they were sentenced.
For nearly 100 years prior to the enactment of the SRA, the U.S. federal criminal system was an indeterminate sentencing system, under which “[s]tatutes specified the penalties for crimes but nearly always gave the sentencing judge wide discretion” in whether an individual should be incarcerated and for how long, and as to whether the use of parole was appropriate.More