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IndyBar Frontlines - 3/12/14

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Bench Bar Registration Now Open!

With a “place for every practice,” Bench Bar 2014 is truly a can’t miss event, featuring speakers, programs and activities to suit nearly every Indy practitioner. Bench Bar 2014 will be held June 19 to 21 in Cincinnati, Ohio. Visit www.indybenchbar.org to view the agenda and register today.

Circuit Mediator Opening

The United States Court of Appeals for the 6th Circuit has an opening for the position of Circuit Mediator. Go to http://www.ca6.uscourts.gov for additional information.

U.S. Department of Justice Announces Vacancies for Assistant U.S. Attorney

The U.S. Attorney’s Office for the Southern District of Indiana is recruiting for multiple Assistant United States Attorneys. The attorney(s) selected will be assigned to the Indianapolis, Indiana office as part of the Criminal Division. View the job online at https://www.usajobs.gov/GetJob/ViewDetails/363254100.

Volunteers Needed for Ask a Lawyer

Both attorneys and paralegals are needed to assist the public with legal guidance during the Spring 2014 Ask A Lawyer program Tuesday, April 8. Volunteers are being sought for one of two shifts (2 to 4 p.m. or 4 to 6 p.m.) at the library/community center locations throughout the city. To volunteer, contact Caren Chopp at cchopp@indybar.org.

Carryout Lunch Discount Available for IndyBar Members

Heading to an IndyBar brownbag lunch CLE program? Swing by the Labor District Cafe on the second floor of the BMO Plaza Building on your way up to the IndyBar office. IndyBar members get 10 percent off of all pre-ordered carryout orders! View the menu and order online at orderstart.com/labordistrict, and use promo code INDYBAR10 to receive the discount.

Customize Your E-Bulletin!

Now your IndyBar E-Bulletin is all about YOU! Log in at indybar.org/account and click “Manage Your News Subscriptions.” There you can select your own personal news subscriptions from 24 different topics. The latest articles from your subscriptions will automatically populate in the “My IndyBar News” in your bi-weekly E-Bulletin. These subscriptions will also populate a personalized homepage when you log in at indybar.org.

Scholarships Available from the Indianapolis Bar Foundation

Applications are now being accepted for three academic scholarships and four educational scholarships from the Indianapolis Bar Foundation (IBF), the charitable arm of the IndyBar. The IBF awards academic and educational scholarships to deserving law students annually as one way of carrying out its mission—to advance justice and lead positive change in Indianapolis through philanthropy, education and service. Access the scholarship form at indybar.org/ibf. Applications are due April 1.

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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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