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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.

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.

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.

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.

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.

NCSC essay contest on free speech open to students

Indiana students in third grade and up are invited to participate in an essay contest in recognition of National Law Day on May 1. Entrants in each category must pen a 100-word essay in response to this year’s question, “Should there be limits to free speech? Why or why not?”

New rule: Pence, lawyer Congress members exempt from CLE

Indiana lawyers who are members of Congress, senators or vice president no longer have to worry about meeting continuing legal education requirements under a rule adopted this week by the Indiana Supreme Court. The new rule also decreases CLE credits required for state lawmakers who are attorneys.

Competency to be reviewed for man charged in 2 slayings

Competency evaluations will be reviewed for a man charged in the fatal shootings of a woman whose body was found in an abandoned rural central Indiana farmhouse and a man found slain at a nature preserve in Anderson.

Freedom of religion remains free at Monroe County Jail

Be it rosary beads for a Catholic, a meeting with a rabbi, a prayer mat for Ramadan or a Bible for someone who’s never held one, whatever the religious need, it’s met by the chaplain and staff at the Monroe County Jail.