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Opinions July 24, 2019

July 24, 2019

Indiana Court of Appeals

Pedro Rayo Zagal v. State of Indiana

19A-PC-694

Post-conviction. Affirms the denial of Pedro Rayo Zagal’s post-conviction relief petition by Elkhart Superior Court for ineffective counsel. Finds Zagal read and signed the advisement of rights and penalties at his initial hearing, which included the provision that if he was convicted of a crime as an illegal alien, he could be deported. Also finds that under Indiana Supreme Court precedent, the trial attorney did not have to separately advise Zagal of the immigration consequences.

 

Mueller raises alarm on Russian interference

July 24, 2019

Former special counsel Robert Mueller told the House Intelligence Committee that election interference by Russia in 2016 was not an isolated attempt, adding Wednesday “They’re doing it as we sit here.”

Woman who bought gun used to kill deputy sent to prison

July 24, 2019

A 13-month prison sentence was handed an Indianapolis woman who purchased the handgun used to kill a Boone County sheriff’s deputy in March 2018.

COA hears free speech Facebook post case involving police threats

July 24, 2019 | Katie Stancombe

Arguments concerning a mother’s free speech rights on Facebook after she was convicted for harassing a police officer opened discussion about the uncharted waters of social media in court before an Indiana appeals court Wednesday.

Interview schedule set for Lake County judge applicants

July 24, 2019 | IL Staff

The applicants seeking to succeed retired Lake Superior Judge John Pera in Civil Division 6 will be interviewed in public sessions by the commission on Wednesday, Aug. 14 in the Lake County Government Center in Crown Point.

Appeals court rules DACA resident understood immigration risks

July 24, 2019 | Marilyn Odendahl

An Elkhart County man who pleaded guilty to drug charges but successfully met certain conditions to avoid a felony conviction is still facing deportation after the Indiana Court of Appeals found his initials on the advisement were enough to indicate he understood the immigration consequences.

COA upholds summary judgment for maker, seller of destroyed farm equipment

July 24, 2019 | Olivia Covington

Summary judgment against the insurer of a farm that suffered more than $350,000 in damage after an equipment fire has been upheld, though a partially dissenting judge would not have addressed the merits of every issue raised on appeal.

Lawyer’s failure to appear merits setting aside default, COA rules

July 24, 2019 | Dave Stafford

A lawyer’s failure to appear at a hearing to represent his client who was being sued in a civil case arising from a failed joint business venture should not have resulted in a default judgment and sanctions against the defendants, the Indiana Court of Appeals ruled Wednesday.

Judge rejects bail for suspect in Gary double-slaying

July 24, 2019 | Associated Press

A judge has rejected bail for an Indianapolis man accused in the fatal shootings of a Gary woman and her 13-year-old son.

COA affirms man’s attempted child molestation conviction, sentence

July 24, 2019 | Dave Stafford

The attempted child molestation conviction and six-year executed sentence for a man who victimized his live-in girlfriend’s twin daughters will stand, the Indiana Court of Appeals ruled Wednesday, rejecting his claims that certain testimony should not have been allowed and his eight-year sentence was inappropriate.

Mueller: I did not clear Trump of obstruction of justice

July 24, 2019 | Associated Press

Robert Mueller on Wednesday bluntly dismissed President Donald Trump’s claims of total exoneration in the federal probe of Russia’s 2016 election interference. The former special counsel told Congress he explicitly did not clear the president of obstructing his investigation.

Hot Topics in Employment Law

Presenters:  Mark Waterfill, Attorney at Law, Program Chair & Moderator Bianca Black, Littler Mendelson PC ›   Responding to the EEOC and state agency investigations David Carr, Ice Miller LLP ›   Non-compete and trade secret update Catherine Duclos, Duclos Law LLC ›  Workplace investigations in the #MeToo era Stephanie Hahn, Attorney at Law ›   LGBT issues […]

IndyBar: Coming in 2020: The Solo/Small Firm Division

July 24, 2019

The IndyBar is determined to help Indianapolis solo and small firm practitioners meet their unique needs through the brand new Solo/Small Firm Division! Focused on programming, networking and business development opportunities specifically tailored to this large group of attorneys, the division will aim to give solo and small firm practitioners a home within the IndyBar.

Murtaugh: Big law mental health media coverage soars in 2019

July 24, 2019 | Reid Murtaugh

Within legal media, mental health made the jump from invisible to mainstream this year. There is now compelling evidence that it is OK for attorneys to talk about their mental health struggles publicly or disclose them to their employers.

IndyBar President’s Column: Being a Lawyer is a Good Thing, Not a Bad Thing

July 24, 2019

One of the best ways to respond to lawyer jokes and criticism of the profession is to conduct ourselves as helpful, reasonable professionals who genuinely care about our clients and our profession.

Quick: Smart marketing tips to grow a new law firm

July 24, 2019 | Jon Quick

In a very crowded field for attorneys, you need to get your story out. Differentiate yourself from all the rest and choose the best media for advertising the new firm. The marketing world has changed, and smart attorneys will take advantage of all the new platforms to deliver your message.

Maley: Contempt order shows electronic case filing e-notice risks

July 24, 2019 | John R. Maley

For years now, all federal courts have been using ECF electronic filing along with electronic service of filings and court orders. This system offers great convenience and efficiencies, but in today’s litigation practices, with the seemingly nonstop, never-ending inflow of email, the risks of missing a court order are increased. This proved painful in a recent 7th Circuit decision.

Soshnick: Debunking fiction? Tax affecting S corporation valuations in divorce cases

July 24, 2019

A recent case from a United States district court has garnered much notoriety and created major waves that may revive the important conceptual topic and signify broader acceptance of S corporation tax affecting in business valuations.

Web Exclusive: ‘Low bono’ clinic seeks to fill access-to-justice gap

July 24, 2019 | Katie Stancombe

Growing up in a five-person home, Bloomington attorney Jamie Sutton’s family had an on-again, off-again relationship with welfare and social assistance programs. His firm, Justice Unlocked, offers “low-bono” services — representation on a sliding fee scale that low- to middle-income individuals who earn too much to qualify for pro bono services can afford.

Damon Leichty takes ‘quiet confidence’ to federal judiciary

July 24, 2019 | Marilyn Odendahl

The U.S. Senate approved Damon Leichty on an 85-10 vote, sending the South Bend Barnes & Thornburgh partner to fill the last vacancy in Indiana’s federal judiciary and making him the fourth judge confirmed to Indiana’s federal bench since last August.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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