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Records: $50K settled officer racial discrimination lawsuit

December 12, 2018

Records show a former West Terre Haute police officer who appealed his firing has accepted $50,000 to settle a 2015 federal lawsuit alleging racial discrimination. Jonathan Stevens, who is black, signed an agreement in January 2017 to resolve the complaint he’d filed alleging the West Terre Haute Town Council and police chief conspired not to hire him because they allegedly said they didn’t want “his kind” working for the town.

COA upholds marijuana, handgun convictions but remands for indigency hearing

December 11, 2018

The Indiana Court of Appeals has affirmed a man’s marijuana and handgun convictions based on sufficient and admissible evidence, but remanded the case for the trial court to hold an indigency hearing on imposed probation fees.

DTCI: Congratulations to the 2019 board of directors

December 11, 2018

The Defense Trial Counsel of Indiana named its 2019 officers and directors at its Twenty-Fifth Annual Conference and Annual Meeting last month. The officers and directors will take office January 1, 2019.

Opinions Dec. 11, 2018

December 11, 2018

Indiana Court of Appeals 
Riley M. Randall v. State of Indiana

18A-CR-1574
Criminal. Affirms Riley Randall’s conviction for Level 3 felony robbery while armed with a deadly weapon. Finds the DeKalb Superior Court did not abuse its discretion in denying Randall’s proposed jury instruction on the duress defense because that defense was not available to Riley. 

Indiana Lawyer 2019 Corporate Counsel Guide

December 11, 2018

Indiana Lawyer's 2019 Corporate Counsel Guide provides snapshot information about lawyers providing in-house legal counsel to Indiana's business community.

 

Woman who severed finger on the job must seek redress via Worker’s Compensation Act

December 11, 2018

A woman whose finger was severed in an accident at an Elkhart County assembly plant must seek relief via the Indiana Worker’s Compensation Act after the Indiana Court of Appeals affirmed the dismissal of her negligence complaint against the company she worked for at the time of the injury.

Disciplinary Commission: ‘License rental’ model with non-Hoosier attorneys poses ethics risk

December 11, 2018

The Indiana Supreme Court Disciplinary Commission is warning lawyers of the potential ethical pitfalls that can arise when Hoosier attorneys affiliate themselves with out-of-state law firms or non-lawyer legal services companies. Such relationships could allow the non-Indiana groups to offer legal services in the Hoosier state without actually having to be a member of the Indiana bar, the commission said.

Armed robber loses appeal of denied jury instruction on duress defense

December 11, 2018

The Indiana Court of Appeals affirmed the denial of a man’s tendered jury instruction after finding the defense included in the proposed instruction was not available to the defendant.

Justices make amendments to appellate ‘Notice of Defect’ rules

December 11, 2018

The Indiana Supreme Court has made amendments to how attorneys and litigants are required to respond when their appellate filings do not comply with Indiana Rules of Appellate Procedure. An order from the court inserts new language into Appellate Rule 23 related to correcting filing defects and creates a new appendix to the rule.

IndyBar: My Experience at the Appellate Judges Education Institute Summit

December 11, 2018

This fall, I had the esteemed privilege of attending the annual summit of the Appellate Judges Education Institute (AJFI) in Atlanta, Georgia. The Appellate Practice Section of the Indianapolis Bar Association generously provided me with a scholarship to make this experience possible.

IndyBar: An Insight into the Marion County Public Defender Agency — Get to Know Chief PD Bob Hill

December 11, 2018

Have you ever wanted to get to know Chief Public Defender Robert Hill, how he got to where he is, and his thoughts on the criminal justice system? I had the opportunity to sit down with Hill to ask him about his background, how he got into practice and his path to becoming Chief Public Defender. As an added bonus, he shared some practice tips along with his thoughts on the criminal justice system.

IndyBar: President’s Column — ‘Porchunate,’ ‘Hoss-bubble,’ and Other ‘Words’ that Describe 2018

December 11, 2018

I have often heard it said that having children keeps you young, keeps you in touch with your own childhood and it helps keep your imagination alive. Whoever said that has never met Charlie Bell. Charlie Bell is my 4-year old, and if feeling 136 years old is feeling young, then yes, he makes me feel very, very, young every single day.

Bell family photo

Hammerle on… “Creed II,” “Green Book”

December 11, 2018

Movie reviewer Bob Hammerle recommends the knockout performances in “Creed II” and the powerful “Green Book.”

Hopper: Who’s responsible for law practice succession planning?

December 11, 2018

How does the legal community at large continue to provide and expand high-quality legal services to all Indiana communities? What role should law practice succession planning play in ensuring that people, businesses, governmental and nonprofit organizations’ legal needs are competently addressed?

Brown: Is a taco a sandwich? This IP question isn’t patently absurd

December 11, 2018

I was reminded recently of a client who came to see me with drawings of a chair he had designed, and he wanted to protect it. As we looked at the design and mulled over the possible ways others might find value in it, it became clear that the chair might fit into multiple IP buckets — or perhaps none at all.

Lechleiter, Dodge and Griffin: Alice in Wonderland — the uncertain state of patent eligibility

December 11, 2018

The law surrounding a key patent statute, 35 U.S.C. § 101, is “a real problem” that is “almost impossible to apply consistently and coherently” and “needs clarification by higher authority.” When federal appellate judges make statements like these, the issue is worth further exploration.

Hart: Trade secret protection requires customized measures

December 11, 2018

Because there is “no one size fits all” analysis to determine whether something qualifies as a trade secret — including whether its owner took reasonable measures to protect it — a lawyer tasked with protecting a client’s trade secrets must be intimately familiar with the client’s protectable interests.

Carmel spine surgeon wins $112M verdict in royalty battle with Medtronic

December 11, 2018

Dr. Rick C. Sasso, an Indiana spine surgeon and inventor, has won a sweeping, five-year legal battle against medical-device giant Medtronic, with a jury awarding him $112 million in damages Nov. 28.

focus-sasso-121218-450bp.jpg

DTCI Annual Meeting and Board of Directors meeting at University of Notre Dame, South Bend

December 11, 2018

Photos from the DTCI Annual Meeting and Board of Directors meeting at the University of Notre Dame, South Bend.

Habeas petition granted, credit time restored for federal inmate

December 11, 2018

A federal prisoner has successfully argued for his lost credit time to be restored after the Indiana Northern District Court granted his habeas petition, finding the man was entitled to notice of the factual allegations of a new charge against him at least 24 hours before a hearing, but did not receive it.

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In This Issue

  • Indiana State Bar Association leads new program to support rural attorneys

  • Midwest firm accuses former partners of orchestrating mass staff exodus

  • UPDATE: Senate set to vote on heavily amended immigration bill

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

  • House committee advances bill redefining hemp, putting Indiana on path to more restrictions

  • New habeas corpus strategy is freeing some immigrant detainees

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

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

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