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IBA Frontlines - 8/17/12

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Don’t Miss Out: IndyBar Scholarships Available

Two scholarships are currently available through IndyBar sections. See below for details, and apply today!

Government Practice Section Law Student Scholarship – The IndyBar Government Practice Section is pleased to announce the availability of an annual scholarship in the amount of $1,000 to be awarded to a second or third year law student with an interest in government practice. All application materials are due by August 24, 2012. The scholarship will be awarded by August 31, 2012. Visit indybar.org to view additional information about the scholarship and to access the scholarship application.

Appellate Practice Section AJEI Summit Scholarship – One scholarship to attend the Appellate Judges Education Institute 2012 Summit, to be held November 15-18 in New Orleans, is being offered by the IndyBar Appellate Practice Section. The annual AJEI Summit provides a lively and highly informative continuing legal education program designed by and for appellate judges, appellate lawyers and appellate staff attorneys. The scholarship will be in the amount of $1,000 and will cover the conference registration fee as well as a portion of travel and lodging expenses. Applications are due by September 10, 2012. Visit indybar.org to view additional information about the scholarship and to access the scholarship application.

Volunteers Needed for 2012 Mediation Day

Don’t miss out on an opportunity to volunteer for the third annual Mediation Day, hosted by the IndyBar Alternative Dispute Resolution Section. Volunteers at Mediation Day, scheduled for September 21, 2012 at Faegre Baker Daniels, provide a service to the courts and community by volunteering time to mediate several screened cases for litigants who qualify for modest means mediation. Each volunteer mediator agrees to mediate one case starting at either 8 a.m. or 1 p.m. A judicial officer will be on site to approve the mediated agreements. This volunteer opportunity is open to all IndyBar members, though ADR section members will be given preference. All volunteers must be registered mediators. Interested? Contact Phyllis Armstrong at parmstrong@med8.com and indicate your desired start time (8 a.m. or 1 p.m.). Visit indybar.org for more information.

Do You Love to Network?

The IndyBar is excited to launch the Indy Attorneys Network, a brand new group within the bar dedicated solely to facilitating networking between bar members across all practice types and areas, in 2013. A committee is currently being formed to plan the group’s launch and activities for the upcoming year. If you are interested in volunteering for this committee, please contact Chuck Schmal at cschmal@uspatent.com. An organizational meeting for the committee will be held in late August.

Calling All Writers!

The IndyBar is seeking members who are interested in contributing to the bar’s various publications, including the IndyBar website, IndyBar blog and IndyBar pages within the Indiana Lawyer. Writing opportunities are flexible and have the potential to be ongoing or simply one time commitments. Interesting in contributing? Contact Mary Kay Price at mprice@indybar.org, including information on what type of content you feel comfortable contributing.

Old Electronics Gathering Dust?

Recycle them for free with the IndyBar! The IndyBar’s Go Green Committee is sponsoring a Drive-Thru E-Cycling event open to IndyBar members and the public, on Friday, August 24, 2012, from 8 a.m. to noon, at Computer Experts, 101 E. Michigan Street. IndyBar volunteers will accept business and household electronic waste—computers, scanners, printers, cell phones, microwaves, VCRs, DVD players, game systems, and other recyclables—for recycling by RecycleForce. Visit indybar.org for additional details.•

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  1. Falk said “At this point, at this minute, we’ll savor this particular victory.” “It certainly is a historic week on this front,” Cockrum said. “What a delight ... “Happy Independence Day to the women of the state of Indiana,” WOW. So we broke with England for the right to "off" our preborn progeny at will, and allow the processing plant doing the dirty deeds (dirt cheap) to profit on the marketing of those "products of conception." I was completely maleducated on our nation's founding, it would seem. (But I know the ACLU is hard at work to remedy that, too.)

  2. congratulations on such balanced journalism; I also love how fetus disposal affects women's health protection, as covered by Roe...

  3. It truly sickens me every time a case is compared to mine. The Indiana Supreme Court upheld my convictions based on a finding of “hidden threats.” The term “hidden threat” never appeared until the opinion in Brewington so I had no way of knowing I was on trial for making hidden threats because Dearborn County Prosecutor F Aaron Negangard argued the First Amendment didn't protect lies. Negangard convened a grand jury to investigate me for making “over the top” and “unsubstantiated” statements about court officials, not hidden threats of violence. My indictments and convictions were so vague, the Indiana Court of Appeals made no mention of hidden threats when they upheld my convictions. Despite my public defender’s closing arguments stating he was unsure of exactly what conduct the prosecution deemed to be unlawful, Rush found that my lawyer’s trial strategy waived my right to the fundamental error of being tried for criminal defamation because my lawyer employed a strategy that attempted to take advantage of Negangard's unconstitutional criminal defamation prosecution against me. Rush’s opinion stated the prosecution argued two grounds for conviction one constitutional and one not, however the constitutional true threat “argument” consistently of only a blanket reading of subsection 1 of the intimidation statute during closing arguments, making it impossible to build any kind of defense. Of course intent was impossible for my attorney to argue because my attorney, Rush County Chief Public Defender Bryan Barrett refused to meet with me prior to trial. The record is littered with examples of where I made my concerns known to the trial judge that I didn’t know the charges against me, I did not have access to evidence, all while my public defender refused to meet with me. Special Judge Brian Hill, from Rush Superior Court, refused to address the issue with my public defender and marched me to trial without access to evidence or an understanding of the indictments against me. Just recently the Indiana Public Access Counselor found that four over four years Judge Hill has erroneously denied access to the grand jury audio from my case, the most likely reason being the transcription of the grand jury proceedings omitted portions of the official audio record. The bottom line is any intimidation case involves an action or statement that is debatably a threat of physical violence. There were no such statements in my case. The Indiana Supreme Court took partial statements I made over a period of 41 months and literally connected them with dots… to give the appearance that the statements were made within the same timeframe and then claimed a person similarly situated would find the statements intimidating while intentionally leaving out surrounding contextual factors. Even holding the similarly situated test was to be used in my case, the prosecution argued that the only intent of my public writings was to subject the “victims” to ridicule and hatred so a similarly situated jury instruction wouldn't even have applied in my case. Chief Justice Rush wrote the opinion while Rush continued to sit on a committee with one of the alleged victims in my trial and one of the judges in my divorce, just as she'd done for the previous 7+ years. All of this information, including the recent PAC opinion against the Dearborn Superior Court II can be found on my blog www.danbrewington.blogspot.com.

  4. On a related note, I offered the ICLU my cases against the BLE repeatedly, and sought their amici aid repeatedly as well. Crickets. Usually not even a response. I am guessing they do not do allegations of anti-Christian bias? No matter how glaring? I have posted on other links the amicus brief that did get filed (search this ezine, e.g., Kansas attorney), read the Thomas More Society brief to note what the ACLU ran from like vampires from garlic. An Examiner pledged to advance diversity and inclusion came right out on the record and demanded that I choose Man's law or God's law. I wonder, had I been asked to swear off Allah ... what result then, ICLU? Had I been found of bad character and fitness for advocating sexual deviance, what result then ICLU? Had I been lifetime banned for posting left of center statements denigrating the US Constitution, what result ICLU? Hey, we all know don't we? Rather Biased.

  5. It was mentioned in the article that there have been numerous CLE events to train attorneys on e-filing. I would like someone to provide a list of those events, because I have not seen any such events in east central Indiana, and since Hamilton County is one of the counties where e-filing is mandatory, one would expect some instruction in this area. Come on, people, give some instruction, not just applause!

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