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COA affirms breach of contract, reverses malicious prosecution rulings

July 23, 2019 | Katie Stancombe

The Indiana Court of Appeals has partially affirmed a ruling against an automotive maintenance company in a breach of contract dispute with its landlord, while reversing in the company’s favor on its malicious prosecution claims.

US attorney general says encryption creates security risk

July 23, 2019 | Associated Press

U.S. Attorney General William Barr said Tuesday that increased encryption of data on phones and computers and encrypted messaging apps are putting American security at risk. Barr’s comments at a cybersecurity conference mark a continuing effort by the Justice Department to push tech companies to provide law enforcement with access to encrypted devices and applications during investigations.

Former IPS union president pleads guilty to $100,000 embezzlement

July 23, 2019 | Indianapolis Business Journal Staff

The former president of the Indianapolis Education Association, the union that represents the teachers of Indianapolis Public Schools, has pleaded guilty to embezzling $100,000 from the union, U.S. Attorney Josh Minkler announced Monday.

IJA accepting nominations for annual ‘Excellence in Public Information and Education’ awards

July 23, 2019 | IL Staff

The Judicial Conference Community Relations Committee is seeking nominations for two annual awards recognizing one member of the judiciary and media for their “Excellence in Public Information and Education.” The committee, on behalf of the Indiana Judges Association, will select the recipients of The Judge’s Award and The Media Award. 

15 apply for Lake County judicial vacancy

July 23, 2019 | IL Staff

More than a dozen applicants are seeking to fill a Lake County judicial vacancy created by a judge’s retirement earlier this month. The vacancy in Lake Superior Court, Civil Division 6 was opened up when Judge John Pera retired July 1.

Indiana Legislature seeks to separate from AG in sexual harassment lawsuit

July 23, 2019 | Marilyn Odendahl

The Indiana House of Representatives and the Indiana Senate have filed separate motions in federal court to represent themselves in the sexual harassment lawsuit against Indiana Attorney General Curtis Hill Jr., claiming the state’s top lawyer cannot adequately defend their interests. Majority leaders of both the House and Senate announced late Monday afternoon they had hired outside counsel and are trying to intervene in the litigation brought by four women against Hill and the state of Indiana.

8/15 – Dealing with Experts: Bias, Billing and BS (Indianapolis)

Speakers: -Daniel S. Chamberlain, Cohen & Malad LLP -Charles S. Smith, Schultz & Pogue LLP Date: Thursday, August 15, 2019 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  […]

8/14 – Environmental Redevelopment Funding (Indianapolis)

Speakers: -Brent Mather, R&B Architects LLC -Morgan Saltsgiver, EnviroForensics LLC Date: Wednesday, August 14, 2019 Time (local time): 4:00 – 6:00 pm complimentary social after the program – appetizers and two drinks included in registration fee Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: EnviroForensics, 825 N Capitol Ave Provider:  Indianapolis […]

8/14 – Guardian Ad Litem: Best Practices for Direct and Cross Examination (Indianapolis)

Speakers: -Denise Hayden, Attorney at Law -Katherine Meger Kelsey, Kids’ Voice of Indiana -Holly Wanzer, Wanzer Edwards PC Date: Wednesday, August 14, 2019 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, […]

8/13 – Pro-Practice: Family Law (Indianapolis)

Speakers: -Mag. Kimberly D. Mattingly, Marion Superior Court -D. Elizabeth Cox, Kids’ Voice of Indiana Date: Tuesday, August 13, 2019 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  […]

8/9 – Northside CLE Tour: A Checklist of Critical Edits to the Purchase Agreement for the Real Estate Seller (Indianapolis)

Speakers: Marvin Mitchell and Mike McNelis, both of Mitchell Dick McNelis, LLC Date: Friday, August 9, 2019 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  Indianapolis Bar Association […]

8/1 – SBA Lending: Everything You Have Ever Wanted to Know (Indianapolis)

Speakers: Kevin Morrissey and Kasey Polk, both with Lewis Kappes PC Date: Thursday, August 1, 2019 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  Indianapolis Bar Association Contact […]

8/6 – Escheat Happens: What Lawyers Need to Know About Unclaimed Property Liability (Indianapolis)

Speakers: – Benjamin A. Blair, Faegre Baker Daniels LLP Date: Tuesday, August 26 2019 Time (local time): 12:00 – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program details and registration Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  Indianapolis Bar Association Contact information: […]

7/31 – Understanding Asylum Law (webinar)

This CLE webinar will cover the basics of asylum law including the origin of the law, procedures for seeking asylum, and recent developments and trends. By participating in this training, attendees will have a greater understanding of the process immigrants go through when seeking asylum in the United States. Date: Wednesday, July 31, 2019 Time: […]

7/30 – Labor & Employment Supreme Court Update (Indianapolis)

Speaker: Deborah Widiss, Indiana University Maurer School of Law Date: Tuesday, July 30, 2019 Time (local time): noon – 1:30 pm Credit hours: 1.5 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  Indianapolis Bar Association Contact information: Indianapolis […]

7/26 – It’s Your Case Now: Tips and Ethical Pitfalls for Pro Bono Representation (Indianapolis)

Speakers: -Monica A. Fennell, Faegre Baker Daniels -Carolyn (Cari) Small Grant, Grant & Grant -Jeff Heck, Indiana Legal Services, Inc. -James P. Chapman, Chapman Spingola Date: Friday, July 26, 2019 Time (local time): 12:00 pm – 1:00 pm Credit hours: 1.0 General CLE / 1.0 Ethics Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar […]

7/24 – Evidentiary Foundation Issues: How to Get Exhibits In, Keep Them Out and Make Them Count at Trial (Indianapolis)

Speakers: -Hon. Marc Rothenberg, Marion Superior Court -David Bartholomew, ThemeVision LLC -Sam Laurin, Bose McKinney & Evans LLP -Dennis P. Stolle, Barnes & Thornburg LLP and ThemeVision LLC Date: Wednesday, July 24, 2019 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association […]

Opinions July 22, 2019

July 22, 2019

Indiana Court of Appeals

Velia Ann Burton v. State of Indiana (mem. dec.)
18A-CR-2962
Criminal. Affirms Velia Burton’s 19-year sentence for conviction of Level 2 felony dealing in methamphetamine, Level 4 felony methamphetamine possession and Level 6 felony maintaining a common nuisance. Finds the sentence is not inappropriate in light of Burton’s offense and her character.

COA will hear free speech appeal in Facebook harassment case

July 22, 2019 | IL Staff

An angry mother who made threatening posts on social media toward a police officer after the death of her son is now appealing her harassment conviction, arguing her free speech rights were violated.

‘Factually inaccurate’ disability denial over migraines remanded  

July 22, 2019 | Katie Stancombe

A northern Indiana woman may find some relief after the Northern District Court reversed and remanded the denial of her appeal for supplemental security income.

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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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