IBA: Go West, IndyBar! Go West! Quality CLE & Networking Await You

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By The Hon. Cale Bradford, Indiana Court of Appeals

Dear Fellow IndyBar Members:

It is with great pleasure that I will host this year’s IndyBar Destination CLE, taking place in Sedona, Arizona from November 15 to November 17. To entice your attendance, this year’s CLE will be held at the Enchantment Resort & Mii amo Spa, nestled into the red rock wall of Sedona’s Boynton Canyon. Your Indianapolis Bar Association has worked tirelessly to assemble programming, speakers and events to make this one of the most valuable and memorable seminars and networking experiences of your career.

Along with Scott Newman, former Marion County Prosecutor and Director of Strand Laboratories, I am also honored to be presenting an educational session in Sedona we have dubbed, “Me and You and Rule 702.”

For the past few years, Scott and I have taught a class of up-and-coming expert witnesses at IUPUI, focusing on the admission of expert testimony and expert testimony techniques. As a spinoff of our research and teaching, we have developed a segment for you that tracks the development of law for the admission of expert testimony—from Frye to Federal Rule 702, through Daubert, and on to Kuhmo Tire. We will cover recent amendments to Rule 702 as well as provide a thorough discussion of Indiana Rule of Evidence 702 and the recent Indiana Supreme Court case, Turner v. State.

Is Indiana a Daubert state or not a Daubert state? What are the most important things my expert witness needs to remember while testifying? For answers to these questions and more, it’s time to “get back on the road again” and join the IndyBar in Sedona, Arizona. Great programming and camaraderie await you in November. I hope to see you there!•


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  1. Lori, you must really love wedding cake stories like this one ... happy enuf ending for you?

  2. This new language about a warning has not been discussed at previous meetings. It's not available online. Since it must be made public knowledge before the vote, does anyone know exactly what it says? Further, this proposal was held up for 5 weeks because members Carol and Lucy insisted that all terms used be defined. So now, definitions are unnecessary and have not been inserted? Beyond these requirements, what is the logic behind giving one free pass to discriminators? Is that how laws work - break it once and that's ok? Just don't do it again? Three members of Carmel's council have done just about everything they can think of to prohibit an anti-discrimination ordinance in Carmel, much to Brainard's consternation, I'm told. These three 'want to be so careful' that they have failed to do what at least 13 other communities, including Martinsville, have already done. It's not being careful. It's standing in the way of what 60% of Carmel residents want. It's hurting CArmel in thT businesses have refused to locate because the council has not gotten with the program. And now they want to give discriminatory one free shot to do so. Unacceptable. Once three members leave the council because they lost their races, the Carmel council will have unanimous approval of the ordinance as originally drafted, not with a one free shot to discriminate freebie. That happens in January 2016. Why give a freebie when all we have to do is wait 3 months and get an ordinance with teeth from Day 1? If nothing else, can you please get s copy from Carmel and post it so we can see what else has changed in the proposal?

  3. Here is an interesting 2012 law review article for any who wish to dive deeper into this subject matter: Excerpt: "Judicial interpretation of the ADA has extended public entity liability to licensing agencies in the licensure and certification of attorneys.49 State bar examiners have the authority to conduct fitness investigations for the purpose of determining whether an applicant is a direct threat to the public.50 A “direct threat” is defined as “a significant risk to the health or safety of others that cannot be eliminated by a modification of policies, practices or procedures, or by the provision of auxiliary aids or services as provided by § 35.139.”51 However, bar examiners may not utilize generalizations or stereotypes about the applicant’s disability in concluding that an applicant is a direct threat.52"

  4. We have been on the waiting list since 2009, i was notified almost 4 months ago that we were going to start receiving payments and we still have received nothing. Every time I call I'm told I just have to wait it's in the lawyers hands. Is everyone else still waiting?

  5. I hope you dont mind but to answer my question. What amendment does this case pretain to?