Last UpdatedTHU., JULY 20, 2017 - 3:58 PM
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TV station challenging ban on airing court audio

A case currently before the Indiana Court of Appeals could have a precedential effect on the process judges must go through before prohibiting the broadcasting of court recordings, as a northern Indiana TV station argues for answers as to why it was banned from airing a court-provided recording of a sentencing hearing in a high-profile case.More.

BMV intentionally overcharged, lawyer says after fresh settlement

Indianapolis Business JournalDave Stafford
The Indiana Bureau of Motor vehicles intentionally overcharged some 5.5 million Hoosiers for years, even after its misconduct was pointed out, said an attorney whose firm announced the second settlement of a class-action lawsuit against the agency.More.

COA: Trial courts can waive right to be at commitment hearing

Olivia Covington
State statute allows trial courts to waive respondents’ right to be present at their mental health commitment hearings, though the use of such statute should be limited only to cases where the evidence shows respondents’ presence would be injurious to their mental health, the Indiana Court of Appeals ruled Thursday in a precedent-setting case.More.

COA affirms GPS monitoring after violation of protective order

Olivia Covington
A Hendricks County man will remain on GPS monitoring after the Indiana Court of Appeals ruled Thursday his estranged wife presented sufficient evidence of his violation of a protective order and that he had notice of the possibility that he could be put on a GPS tracker.More.

In This Issue

JULY 12-25, 2017
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Black lawyers who rose through the ranks of larger law firms say they see vast changes in how life in a big firm is for newer attorneys as compared to when they were starting their careers. Law students and inmates were learning from each other through IU McKinney's Inside-Out course, until the Indianapolis re-entry facility where the classes were held was abruptly shut down. A TV station is challenging a court-imposed ban on airing audio it obtained from the court of a sentencing hearing, hoping the case makes precedent.

Top Stories

State senator faces attorney discipline over handling of estates

A northern Indiana state senator faces a formal attorney discipline complaint that alleges she mishandled an estate she represented. The complaint also seeks discipline for 21 other delinquent estates in which she was attorney of record, some dating back decades.More.

TV station challenging ban on airing court audio

A case currently before the Indiana Court of Appeals could have a precedential effect on the process judges must go through before prohibiting the broadcasting of court recordings, as a northern Indiana TV station argues for answers as to why it was banned from airing a court-provided recording of a sentencing hearing in a high-profile case.More.

Lawyer charged with theft from clients also faces discipline

An attorney facing felony theft charges in Lake County for allegedly stealing money from her clients is being investigated by the Indiana Supreme Court Disciplinary Commission for similar conduct.More.

State appeals ruling that suspended death penalty

An Indiana Court of Appeals decision that suspended executions in the state violated the separation of powers and resulted in new, unintended burdens that could lead to “dysfunction” in carrying out executions, the state argues in seeking transfer to the Indiana Supreme Court.More.

Law students and inmates learn from each other at IU McKinney’s ‘Inside-Out’ course

The IU McKinney course is based on the national Inside-Out Prison Exchange Program that was developed in the 1990s at Temple University. With classes now taught around the world, the program calls for outside students (typically at the undergraduate or graduate levels) to join inside students (the inmates) at a prison to discuss issues related to criminal justice.More.

Bamberger merger is Indiana’s first in 2017

In the first merger involving an Indiana firm in 2017, Evansville-based Bamberger Foreman Oswald & Hahn LLP will provide a stronger foothold in the Hoosier state to a Kentucky regional law practice and, in return, will gain a deeper bench of expertise to serve its clients.More.

Black lawyers who rose through ranks of larger firms see vast changes

African-American partners with decades in practice said their experiences helped open opportunities for younger lawyers and increase discussions about diversity in general, but they acknowledge challenges persist.More.

Focus

Updated law provides more protection for abandoned medical records

Indiana already had a statute covering abandoned medical records, but Senate Enrolled Act 549, which sailed through the Statehouse during the 2017 session, updated the law. The new provisions expanded the definition of “abandoned,” added language requiring database owners to safeguard the medical information stored in their systems, and gave the Indiana Attorney General the power to recover the costs of protecting the discarded health records.More.

Fresh cases setting precedents in mental health law

Under what circumstances may someone be excluded from a hearing to determine whether they should be committed for mental health treatment? The Indiana Court of Appeals grappled with that question during oral arguments June 28, just one day after another panel ruled on another matter of first impression regarding involuntary commitment — the court itself noting scarce caselaw.More.

Taft: Data breach tips and recovery plans for health care

Here are some brief tips about preventing and dealing with cyberattacks from Department of Health and Human Services’ Office of the Assistant Secretary for Preparedness & Response materials for those entities that operate in the health care field.More.

Kiefer: Health care fraud enforcement still top priority under Trump

Despite election rhetoric that led many to believe that Donald Trump, if elected, would reduce enforcement of criminal laws against U.S. corporations and business executives, President Trump has instead ratcheted up the enforcement of laws involving health care fraud.More.

Opinion

Living Fit: Lawyers find ways to stay active, make healthy choices

In the past year, I returned to the practice of law and living the billable life. Having written this column about the importance of health and wellness for lawyers for the past seven years, I realized that staying in shape in the legal profession was easier said than done.More.

BGBC: Prohibited transactions can result in deemed IRA distributions

As self-directed Individual Retirement Accounts become more popular, their owners and beneficiaries need to be aware of the rules regarding prohibited transactions to avoid pitfalls.More.

Van der Cruysse: What do Indiana law schools do for students in need?

The intent of law schools is to prepare students to become lawyers who know when and where to seek help when they deal with professional and personal stressors, mental health issues, or substance abuse issues. JLAP has partnered with the Indiana law schools to help fulfill these needs.More.

Hammerle on ... 'Band Aid,' 'Baby Driver'

Bob Hammerle encourages readers to hunt down "Band Aid" at home when they get a chance.More.

DTCI: Bravo! Brava! Bravi! Ballet company to grace Indianapolis

Indianapolis will soon join New York, San Francisco, Chicago, Boston, Nashville, Cincinnati, Milwaukee and other great cities as a home to a professional ballet company.More.

In Brief

Indiana will likely go to court over online sales tax

Indiana lawmakers passed a law this spring claiming the state has a right to collect sales taxes from companies using only online transactions. But a 25-year-old U.S. Supreme Court case prohibits states from collecting sales tax from businesses unless they've got a physical presence in the state.More.

Lawyer in gay marriage case joins Indiana congressional race

An attorney who led the lawsuit that overturned Kentucky's gay marriage ban wants the Democratic nomination to challenge first-term Republican U.S. Rep. Trey Hollingsworth for his southern Indiana seat in 2018.More.

Right to use HHGregg’s name and other intellectual property fetches just $400,000

Failed retailer HHGregg Inc., which racked up more than $2 billion in annual revenue prior to landing in bankruptcy this March, has sold its name and other intellectual property rights for a mere $400,000.More.

Citizens Action Coalition sues for state records on Carrier deal

A complaint filed Friday in Marion County by Citizens Action Coalition alleges that the governor’s office has violated the Indiana Access to Public Records Act by not providing the grass-roots consumer group documents it wants about Vice President and former Gov. Mike Pence’s communications involving Carrier Corp. and United Technologies.More.

Southern District to block e-filing by lawyers not in good standing

Lawyers not in good standing with the federal bar for the U.S. District Court for the Southern District of Indiana will be blocked from electronic filing under rule changes taking effect July 1. A separate new rule aims to protect cooperating defendants who plead guilty.More.

Monarch loses federal challenge seeking to wholesale liquor

Indianapolis-based Monarch Beverage Co.’s attempt to obtain a wholesale liquor permit rests with the Indiana Supreme Court after its federal challenge to Indiana law was rejected by the 7th Circuit Court of Appeals Friday.More.

Special Sections

Indiana Court Decisions - June 21-July 4, 2017

Read recent appellate decisions.More.

Injuries/Damages: Termite treatment

John and Janice Gresser, et al. v. Reliable Exterminators, Inc.More.

Disciplinary Actions

Disciplinary Actions - 7/12/17

Read who's recently been suspended.More.

Bar Associations

IndyBar: Annual Summer Associate Scavenger Hunt a Success

On June 23, 2017, the IndyBar Young Lawyers Division (“YLD”) held its annual Summer Associate Scavenger Hunt which gives summer associates, law students, and interns the opportunity to know the city—and one another—with a little friendly competition.More.

IndyBar Frontlines - 7/12/17

News from around the IndyBar.More.

IndyBar: Appellate Practice Section Donates to Avondale-Meadows YMCA National Judicial Competition in Honor of Lt. Col. William and Barbara Randolph

The Indianapolis Bar Association’s Appellate Practice Section has made a monetary contribution to support the Avondale-Meadows YMCA National Judicial Competition in memory of Bill and Barbara Randolph.More.

Nissa's News - 7/12/17

What you need to know about the IndyBar.More.

IndyBar: IndyBar, ISBA and IPA Paralegals Host Annual Joint Meeting

The Indianapolis Bar Association Paralegal Committee, the Indiana Paralegal Association (IPA) and the Indiana State Bar Association (ISBA) Affiliate Committee came together on May 24, 2017 for their annual joint meeting.More.

IndyBar: Nominations Now Open for 2017 Professionalism Awards

Professionalism—it’s a trait that sets apart one stellar attorney or judge from another. Now is your chance to honor this invaluable quality in your Indy colleagues.More.

Online Extra: Judicial Roundtable 2014

When Loretta Rush was named chief justice of the Indiana Supreme Court in August, Indiana hit a milestone. For the first time, all of our state's appellate courts were being led by women. Indiana Lawyer recently invited Rush, Indiana Court of Appeals Chief Judge Nancy Vaidik, Indiana Tax Judge Martha Wentworth and Chief Judge Robyn Moberly of the U.S. District Court for the Southern District of Indiana's Bankruptcy Court to discuss their career paths as well as opportunities and challenges today's courts and lawyers face.More.
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Indiana makes gains in permanent placement

The state sees improvement, but aims to do better.More.

Views shift on use of executions

What if 1976 hadn’t played out the way it did, and some of the jurists on the U.S. Supreme Court had held the view of capital punishment at that juncture that they did at the end of their judicial careers? The death penalty may never have been reinstated.More.

What's next for Indiana's death penalty?

Unlike other states, Indiana has not abolished or suspended use of executions.More.

State death penalty cases averaged 17 years

When the moment of death finally arrives, it ends what may be described as a long legal journey to justice within the capital punishment system.More.

Balancing philosophical with practical concerns regarding death penalty

Indiana Lawyer takes an in-depth look at the death penalty in the "Cost of Justice" series.More.
Juvenile Justice Juvenile Justice

Tug-of-war

A last-minute change to a bill during the 2009 special session has stripped judges of their discretion regarding juvenile placements out of state by requiring them to get permission from the Department of Child Services. All three branches are reacting.

More.

Escaping execution

Exoneree joins statewide campaign calling for a death-penalty moratorium.More.

Reforms urged to prevent mistakes

Indiana explores what revisions to make to its criminal justice system.More.

Aiming for exoneration

Inmate awaits court hearingMore.

CJ: Most players in appeals acting responsibly

The Indiana chief justice said in an order that he would "smack down" judicial overreaching or overspending.More.

Bose lays off lawyers

Cuts are state's first announced publiclyMore.

Lawyer lands on feet

Attorney's job loss leads to his own legal consulting businessMore.

Mergers: Are we done yet?

2008 could be record year for law firm consolidationMore.

Tough times drive change

Attorneys see evolving legal work caused by economic woesMore.

System delivers injustice

Exonerated face new, old legal hurdles after release.More.

Counties must pay for juvenile facilities

Indiana counties are responsible to pay a portion of costs to operate juvenile detention facilities.More.

Teens share stories about juvenile justice experience

Two Elkhart County teens say it took incarceration to teach them a lesson.More.

Detaining questions

Funding of youth detention, alternatives draws concern.More.

State slow to achieve juvenile justice reforms

Local successes exist; systematic changes lag.More.
Juvenile Justice Juvenile Justice

Improving a child's access to counsel

A proposed draft rule would change waiver procedures in the juvenile justice system.More.

Early intervention for juveniles

A new law, along with pilot programs, encourage alternatives to keep kids out of courts.More.

The evolution of capital punishment

The Indiana Lawyer takes a historical look at how the death penalty system has evolved during the past 40 years and how Indiana has amended its practices and procedures through the decades.More.

Enduring legal process doesn't change parents' desire for justice

For 11 years, Dale and Connie Sutton’s lives as parents have been about ensuring what they see as justice for their murdered daughter.

More.

Mental aspect of capital cases can be challenging

When it comes to tallying the total price of capital punishment, the cost of those cases for the legal community is more than just expansive legalese and court procedures that span a decade or two.More.

Prosecutors: money doesn't trump other factors when considering death penalty

At a time when capital punishment requests are down and some state officials are questioning the cost and overall effectiveness of seeking a death sentence, the issue of what it’s worth to go after this ultimate punishment is getting more scrutiny in Indiana and nationwide. Read more in Indiana Lawyer's in-depth look at the death penalty and the cost of justice.More.

Recent changes impact state justice system

National and state advocates pushing for wrongful conviction reforms judged that Indiana was behind other jurisdictions in strengthening its justice system, but they emphasized that ongoing discussions were a good starting point for the Hoosier legal community.More.

Clinic argues for man's innocence

the Indiana Supreme Court is considering whether to accept a post-conviction case on an issue some say is an important question of law relating to wrongful convictions.More.

Rising number of exonerees reflects flaws in justice system

Convicts are turning to methods that have freed others who were wrongfully convicted, as well as new issues that continue surfacing in the nation's court system.More.

Teaming up for change

National, local experts meet in Indiana to discuss juvenile justice.More.

Indiana: Better economic climate

State's legal community successfully rising to recession-related challengesMore.

Lawyers challenge imbalance of power

Budget statute affected juvenile codes and gives the Department of Child Services oversight of judicial decision-making.More.

Attorneys squeezing savings

Bar associations offer discounts, cost-cutting options for legal communityMore.

Money woes 'going to get worse'

County courts, prosecutors, public defenders face tight budgetsMore.

Indiana's legal aid in trouble?

3 legal aid providers discuss the economy's effectsMore.

After exoneration

Wrongfully convicted Hoosier settles federal suit for $4.5 million.More.

Marion County a model for juvenile detention reforms

Detention alternatives, Initial Hearing Court draw national praise.More.

What's next for Indiana's juvenile system?

Indiana lags in statewide reform, but builds on localized successes.More.

'Out of the court's hands'

Lake County teen recognizes she is responsible for future in juvenile system.More.

Blogs

How do managing partners manage their social media?

Do you have a LinkedIn account? If you are a managing partner, then you most likely do, although your online presence may be begrudgingly, depending on your age.More.
 


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Opinions July 20, 2017

Indiana Court of Appeals
Dustin A. Evans v. State of Indiana
03A04-1612-CR-2911
Criminal. Affirms Dustin Evans’ convictions for escape as a Level 5 felony and unlawful possession of a syringe as a Level 6 felony. Finds there was no fundamental error in the Bartholomew Superior Court’s jury instructions for Evans’ escape charge. Also finds the trial court did not abuse its discretion in ordering consecutive sentences for Evans’ offenses.More.
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  1. Mr. Levin says that the BMV engaged in misconduct--that the BMV (or, rather, someone in the BMV) knew Indiana motorists were being overcharged fees but did nothing to correct the situation. Such misconduct, whether engaged in by one individual or by a group, is called theft (defined as knowingly or intentionally exerting unauthorized control over the property of another person with the intent to deprive the other person of the property's value or use). Theft is a crime in Indiana (as it still is in most of the civilized world). One wonders, then, why there have been no criminal prosecutions of BMV officials for this theft? Government misconduct doesn't occur in a vacuum. An individual who works for or oversees a government agency is responsible for the misconduct. In this instance, somebody (or somebodies) with the BMV, at some time, knew Indiana motorists were being overcharged. What's more, this person (or these people), even after having the error of their ways pointed out to them, did nothing to fix the problem. Instead, the overcharges continued. Thus, the taxpayers of Indiana are also on the hook for the millions of dollars in attorneys fees (for both sides; the BMV didn't see fit to avail itself of the services of a lawyer employed by the state government) that had to be spent in order to finally convince the BMV that stealing money from Indiana motorists was a bad thing. Given that the BMV official(s) responsible for this crime continued their misconduct, covered it up, and never did anything until the agency reached an agreeable settlement, it seems the statute of limitations for prosecuting these folks has not yet run. I hope our Attorney General is paying attention to this fiasco and is seriously considering prosecution. Indiana, the state that works . . . for thieves.

  2. I'm glad that attorney Carl Hayes, who represented the BMV in this case, is able to say that his client "is pleased to have resolved the issue". Everyone makes mistakes, even bureaucratic behemoths like Indiana's BMV. So to some extent we need to be forgiving of such mistakes. But when those mistakes are going to cost Indiana taxpayers millions of dollars to rectify (because neither plaintiff's counsel nor Mr. Hayes gave freely of their services, and the BMV, being a state-funded agency, relies on taxpayer dollars to pay these attorneys their fees), the agency doesn't have a right to feel "pleased to have resolved the issue". One is left wondering why the BMV feels so pleased with this resolution? The magnitude of the agency's overcharges might suggest to some that, perhaps, these errors were more than mere oversight. Could this be why the agency is so "pleased" with this resolution? Will Indiana motorists ever be assured that the culture of incompetence (if not worse) that the BMV seems to have fostered is no longer the status quo? Or will even more "overcharges" and lawsuits result? It's fairly obvious who is really "pleased to have resolved the issue", and it's not Indiana's taxpayers who are on the hook for the legal fees generated in these cases.

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  5. From the article's fourth paragraph: "Her work underscores the blurry lines in Russia between the government and businesses . . ." Obviously, the author of this piece doesn't pay much attention to the "blurry lines" between government and businesses that exist in the United States. And I'm not talking only about Trump's alleged conflicts of interest. When lobbyists for major industries (pharmaceutical, petroleum, insurance, etc) have greater access to this country's elected representatives than do everyday individuals (i.e., voters), then I would say that the lines between government and business in the United States are just as blurry, if not more so, than in Russia.