JamesJ.Bell

Recent Articles

Bell/Gaerte: 3 things to know about ethical advocacy in closing argument

July 30, 2014
Recently, several published decisions have found attorneys to have engaged in improper advocacy. Here are three things to know about ethical advocacy in closing argument.
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Inside the Criminal Case: Passive vs. forcible resistance

July 2, 2014
The Court of Appeals recently brought us the story of a woman, her dog and her not-so Gandhi-like attempt at passive resistance when her dogs were investigated for biting. The question before the Court of Appeals was whether this passive resistance was criminal.
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Bell/Gaerte: 3 things to know about ethical responsibility for others’ conduct

June 4, 2014
The recent disciplinary case, Matter of Anonymous, is not the only time someone in Indiana has been disciplined for the conduct of another.
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IndyBar: Belfast, 1972, The Troubles and the Confrontation Clause

May 21, 2014
James Bell writes, "After stops in Ontario, Baltimore and Pennsylvania, I was raised in Alabama and later moved to Indiana where I became a United States citizen. Had I grown up in Northern Ireland, things may have been different for me."
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Inside the Criminal Case: SCOTUS rules anonymous 911 call reliable

May 7, 2014
The Supreme Court of the United States recently held that an anonymous call to 911 was sufficient to initiate a traffic stop in certain specific circumstances. Navarette v. California, 2014 U.S. Lexis 2930 (2014). The decision set off a minor shockwave in the media with reports that the 5-4 opinion eroded Fourth Amendment protection.
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Bell/Gaerte: 3 things to know about responding to disciplinary grievances

April 9, 2014
At some point, you may have the wonderful opportunity to respond to a disciplinary grievance. With that in mind, here are three things to know about responding to a disciplinary commission grievance.
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Inside the Criminal Case: Can a defendant be convicted for being ‘annoying?’

March 12, 2014
In 2012, the General Assembly amended Indiana’s public intoxication statute to provide, in part, that a person was guilty of public intoxication if the individual is intoxicated “in a public place” and “annoys … another person.” Indiana Code §7.1-5-1-3(a)(4). But what constitutes “annoying?”
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Bell/Gaerte: 3 things to know about withdrawing from a case

February 12, 2014
Unfortunately, there comes a time in some attorney-client relationships when breakup is inevitable. You may have tried to “work things out” with your client, but things only got worse. So what do you do?
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Inside the Criminal Case: Technology aids review of questioning technique

January 15, 2014
Danielle Kelly v. State is the first time that the Indiana Supreme Court has addressed law enforcement’s use of the “question first, Mirandize second” questioning technique. 997 N.E.2d 1045 (Ind. 2013). Kelly also provides additional focus on the role technology plays in the changing scope of suspect/law enforcement interaction.
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Bell/Gaerte: 3 things to know about confidentiality

December 18, 2013
While social media has not mandated the creation of new ethical guidelines, it does make it easier to commit an ethical foul.
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