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JLAP: Bar application changes promote mental health

| Terry Harrell and Bradley W. Skolnik

When speaking to students at law schools, we repeatedly emphasize that they should never avoid counseling or treatment because they fear it would prevent their admission to the bar. To the contrary, the willingness to seek mental treatment demonstrates that an applicant has the maturity to do the right thing when confronting life’s daily challenges.

DTCI: COVID-19 Business Interruption Litigation: Indiana Weighs In

| From DTCI

Many Indiana business owners were forced to close or substantially limit their businesses as a result of the shelter-in-place orders and/or the presence of COVID-19 on the business premises. The resulting economic backlash was severe for business owners, who sought to recover their business losses.

Stafford: Hoosiers may yet vote by mail; lawyers will vote by email

| Dave Stafford

Indiana has no legitimate excuse to require “excuses” for registered voters who wish to cast an absentee ballot. The state is not our parent, and in the last vote, plenty of us determined that as grown adults we shouldn’t have to go through a ridiculous exercise of asking their permission. The last thing that ought to be is a law.

Holcomb’s lawsuit draws rebuke from Attorney General

| Marilyn Odendahl

Following the Legislature’s override of his veto, Gov. Eric Holcomb has filed a lawsuit against the legislative branch, claiming the provisions in HEA 1123 which allow the Indiana General Assembly to call itself into “emergency session” are unconstitutional. Indiana Attorney General Todd Rokita, however, is asserting that his office has the exclusive authority to resolve the dispute.

Opinions April 27, 2021

The following 7th Circuit Court of Appeals opinion was posted after IL deadline on Monday:

USA v. Rex Hammond
19-2357
Appeal from the United States District Court for the Northern District of Indiana, South Bend Division. Judge Robert L. Miller, Jr.
Criminal. Affirms Rex Hammond’s 47-year sentence for conviction of being a felon in possession of a firearm in violation of 18 U.S.C. § 922(g) and two counts of brandishing a weapon during a crime of violence in violation of 18 U.S.C. § 924(c). Finds that none of the evidence stemming from Hammond’s Oct.31, 2017 arrest must be suppressed, finding that the collection of his real-time CSLI was not a search; the resulting traffic stop was valid under Whren v. United States, 517 U.S. 806 (1996); officers read Hammond his Miranda rights prior to his verbal statements; and the physical evidence recovered from the car was discovered pursuant to a valid search warrant. Also finds that the district court did not err in instructing the jury regarding the felon-in-possession charge under Rehaif v. United States, 139 S. Ct. 2191 (2019). Lastly, finds his sentence should not be vacated under the guidelines.