Hammerle on… “Mary, Queen of Scots,” “The Favourite”
Movie reviewer Robert Hammerle comes away with conflicting views about two period pieces focusing on royalty.
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Technology Untangled: Videoconferencing made easier with Zoom
I was recently asked to facilitate an IP videoconferencing deposition with an ophthalmologist. He was located close to our office, so the plan was for him to come to us. However, his schedule was so tight that the plan changed. Could we do the videoconference from his office? With Zoom and a laptop, yes, we could. I packed up a camera, microphone and computer and went to his office to perform a test.
Eye on the Profession: Let’s take ‘good’ and make it even better in 2019
My pitch to you this week is simple. Let’s all break out of the daily routine in which we do things the same way every day. Instead, let’s be mindful of our niche in the law and resolve to practice law better. Let’s resolve to make our profession and our communities better.
IndyBar: Indianapolis Bar Foundation Recognizes 2018 Fellows
The Indianapolis Bar Foundation expresses sincere gratitude to the 2018 Distinguished Fellows and Distinguished Life Fellows for their long and continuing support of our profession and community.
IndyBar Mourns Loss of Past President Gary Klotz
The IndyBar is saddened to note the passing of 2004 Indianapolis Bar Association President Gary Klotz on Sunday, December 16. Klotz, a longtime partner at Bingham Greenebaum Doll LLP, was admitted to the bar in 1978 and had retired from the firm at the end of 2017.
IndyBar: Harrell Guest Column — Looking for Something More
This time of year is ripe for thinking about our successes and challenges — and our hope for things to come. It is also a time to express gratitude and appreciation for friends and supporters who selflessly open doors for others. As the Marion County Bar Association’s incoming president, I say “thank you” to outgoing IndyBar president James Bell and Executive Director Julie Armstrong for reaching out to MCBA’s current president, Carlton Martin, and shining a light on the MCBA at such a pivotal moment in our history.
DTCI: The art of witness deposition prep, according to Sun Tzu
“The Art of War,” a 2,000-year-old analysis of battle preparation and strategy, remains perhaps the most widely read book on strategy in the world. Sun Tzu’s theories have been successfully applied in business, politics and sports, and they are no less useful and effective in the “battlefield” of litigation.
Maley book review: Unique litigation treatise gets valuable updates
In reviewing the most recent edition of “Business and Commercial Litigation in Federal Courts,” John Maley writes that no other book gives such practical and integrated treatment to procedural and substantive law in areas frequently encountered by federal commercial litigators.
Stafford: Resolve to honor attorneys who honor the law
In this season of reflection, I hope you’ll think about friends and colleagues who live up to and exceed the legal profession’s loftiest ideals. Think of those who embody the very best of what it means to be a great lawyer. Those are the people we seek to honor in Indiana Lawyer’s 2019 Leadership in Law Awards.
Lawyers face scooter liability confusion; bill seeks regulations
As scooter accidents mount, liability has become a significant issue for lawyers representing clients involved in crashes, and at least one lawmaker has proposed statewide regulations.
DCS, schools seeking more funds in 2019 legislative session
Among the biggest issues the 2019 General Assembly will have to contend with is the Department of Child Services, which is still reeling after a tumultuous year that saw a leader abruptly resign and a national group identify several shortcomings in the department’s operations. Gov. Eric Holcomb is calling on lawmakers to devote significant financial resources to the struggling department, and all four legislative leaders say their caucuses plan to make DCS a top priority.
After heartbreak, Evansville’s public law library writing next chapter
At any time during the week, members of the public, pro se litigants and attorneys find their way into the Evansville public law library and quickly turn a quiet day into a busy one.
Bad business: Disciplinary Commission warns of ‘license rentals’
The Indiana Supreme Court Disciplinary Commission addressed such questionable relationships in an advisory opinion that cautions Hoosier attorneys against “license rental” partnerships with out-of-state law firms or non-lawyer service groups. Through these partnerships, Hoosier attorneys lend their services to the out-of-state firm or non-lawyer group in exchange for a fee paid for limited client representation in Indiana.
Opinions Dec. 21, 2018
Indiana Court of Appeals
Roderick Vandrell Lewis v. State of Indiana,
18A-PC-767
Post-conviction. Affirms denial of post-conviction relief petition. While agreeing with Roderick Lewis that his attorney’s performance at sentencing was deficient, concludes Lewis’s 130-year sentence for his conviction of felony murder would not have been different if counsel had offered the mitigating circumstances raised at the post-conviction hearing. Finds the post-conviction court correctly determined that Lewis was required to establish prejudice under Strickland v. Washington, 466 U.S. 688, 694 (1984) rather than U.S. v. Cronic, 466 U.S. 648 (1984). Also holds appellate counsel was not ineffective.
Admission of evidence in teen’s murder case not an abuse of discretion, COA rules
A man convicted of murder as a teen unsuccessfully argued before the Indiana Court of Appeals that evidence in his case was erroneously admitted, with the appellate court instead finding the trial court did not abuse its discretion.
COA says immigrant’s PCR petition was 12 years too late
An immigrant woman who waited 12 years to seek relief from a forgery conviction has lost the appeal of the denial of her post-conviction relief petition, with the Indiana Court of Appeals finding the woman did not provide a credible explanation for the delay.
‘Meager weight’ of mitigating factors could not overcome attorney’s deficient performance
Although the Indiana Court of Appeals agreed the relationship had broken between a Fort Wayne criminal defense attorney and his client, it did not find that the 130-year sentence handed down would have been significantly less if defense counsel had offered mitigating circumstances.
Divided COA rules against grain farmer in statutory dispute
A Putnam County farmer will only be partially compensated for grain he deposited with a failed grain elevator after a divided panel of the Indiana Court of Appeals rejected his reading of the relevant compensation statute.
Supreme Court committee seeks comment on amendments to ‘lazy judge’ rules
The Indiana Supreme Court is seeking comment on proposed changes to trial rules that govern what happens if a trial judge fails to timely rule on a motion and that would remove Supreme Court involvement in the appointment of a special judge. The court’s Committee on Rules of Practice and Procedure is considering amendments to Indiana Trial Rules 53.1 and 53.2.
Committee seeks comment on court-administered alcohol, drug program amendments
The Indiana Judicial Conference Board of Directors and Court Alcohol and Drug Program Advisory Committee are seeking public comment on proposed amendments to rules for court-administered alcohol and drug programs. Amendments have been proposed for sections 19, 22, 27, 30 and 31 to the rules, and the creation of a new section concerning chemical testing has also been proposed.