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Opinions July 6, 2022

Court of Appeals of Indiana
Jeffrey L. Awbrey v. State of Indiana
21A-CR-2867
Criminal. Reverses Jeffrey L. Awbrey’s conviction of Level 6 felony operating a vehicle while intoxicated. Finds that general testimony from a toxicologist about levels of methamphetamine consistent with those in Awbrey’s blood does not support the inference that Awbrey was impaired. Also finds the state failed to present sufficient evidence of the statutorily required impaired condition of thought and action and the loss of normal control of a person’s faculties. 

Judges keeping Capitol riot trials in DC amid bias claims

| Associated Press

Prosecutors and judges see no evidence that Capitol rioters can’t get a fair trial in the district and believe the process of weeding out biased jurors is working. Judges presiding over Jan. 6 cases have consistently rejected requests to move trials, saying the capital has plenty of residents who can serve as fair jurors.

Feds settle suit alleging abuse by men detained after 9/11

| Associated Press

The Justice Department on Tuesday settled a decades-old lawsuit filed by a group of men who were rounded up by the government in the weeks after the Sept. 11, 2001, attacks and held in a federal jail in New York in conditions the department’s own watchdog called abusive and harsh.

DTCI: Eliminating hurry from your practice

| Charles S. Smith and From DTCI

What can eliminating hurry mean for your practice? Here is what eliminating hurry does not mean: providing terrible customer service; never having fun; working all the time; becoming a monk. But what it can mean is: making sure that you are committed to doing the task before you well; responding in a timely manner (but not in an immediate manner); fostering more substantive relationships with your colleagues; and having a better understanding of who you are and what you are capable of.

Lindman: ERP vetting, contract negotiation and implementation

| Connie Lindman

Many businesses still rely on legacy technology systems that operate as silos, including those within the health care industry. Enterprise resource planning (ERP) providers offer to replace the silos with a suite of integrated software applications that collect, store, manage and interpret data from business activities across departments and business units.

Indybar: The American Rule in Marital Disputes: Attorney Fees May Not Be Recoverable in an Action to Annul a Void Marriage

| Zach Stock and From IndyBar

We all know the American Rule by heart: “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the pursuit of Happiness.” Yes, but no. We’re referring to the other American Rule. The one that “requires the parties to pay their own attorney fees absent an agreement, statute or rule to the contrary.”

Op-ed: Indiana should be regulating for-profit bail bond companies, not attacking The Bail Project

| Greg Taylor

As an Indiana state senator and attorney, I pride myself on listening to my constituents and making decisions about policy based on evidence and sound reasoning — not political expediency and misleading sound bites. This is why I voted against House Bill 1300, which targeted charitable, not-for-profit organizations that help Hoosiers who cannot afford bail, and why I support The Bail Project and the ACLU of Indiana’s recently filed lawsuit against the Indiana Department of Insurance.

Indybar: Record Crowd Enjoys Bench Bar 2022 in Louisville

| John Trimble and From IndyBar

It was very clear that IndyBar members were ready to get back together once again in person. A record 400 lawyers, judges and guests attended the Bench Bar Conference (presented by Wilson Kehoe Winingham) and inaugural In-House Counsel CLE Getaway (presented by Quarles & Brady LLP) from June 16-18 at the Omni Hotel in Louisville.

Breck, Achenbach and Jackson: New reciprocity laws for health care professionals in Indiana

| Andrew W. Breck and Grant M. Achenbach and Shelley Jackson

As of March 18, certain out-of-state health care professionals will find it easier to obtain licenses and certifications to practice in Indiana. The new credentialing standards set forth in Indiana Code § 25-1-21 (the Reciprocity Statute) apply broadly to health care professionals, except for social workers, marriage and family therapists, mental health counselors, addiction counselors and clinical addiction counselors, and respiratory care practitioners.