Disciplinary Actions 08/05/20
Read who has resigned, been placed on probation or suspended from the practice of law in Indiana during the most recent reporting period.
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Notre Dame Law’s Religious Liberty Clinic expects broad reach
Notre Dame Law School’s new Religious Liberty Clinic is designed to train lawyers in all practice areas to grapple with issues of religious freedom. “It’s critical that if we fight for freedom of religion, it’s for freedom of all religious faiths or no faith at all,” Dean G. Marcus Cole said.
Craig and Rulon: Technology keeps wheels of justice turning through COVID-19
The COVID-19 pandemic has challenged and changed how lawyers do business. Although law firms were considered essential businesses by Indiana’s stay-at-home orders, most lawyers responsibly transitioned their practices to remote working arrangements. This article focuses on how litigators used — and continue to use — technology to meet client needs and court deadlines.
DTCI: A few estate planning strategies for peace of mind
Most people don’t want to think of their own mortality or the possibility that they may become incapacitated and incapable of expressing their health care wishes. Having an estate plan as well as a plan in place for end-of-life decisions will provide peace of mind for you and your family.
Hammerle on… The importance of travel
While I hate to admit this, the pandemic has inflicted a miserable toll on me. As a criminal defense attorney, personal interaction with prosecutors and court staff has been eliminated. This has made it difficult to resolve tough cases when you are reduced to using Zoom and emails. Yet it is the inability to travel that has sucked the wind out of my sails.
Terrell: Gus the JLAP therapy dog — A life well lived
The legal profession recently lost a bit of joy, comfort and unconditional love. Gus, the 10-year-old golden retriever and JLAP therapy dog who was a regular sight at state and local bar association events, died July 3.
Van Dame and Johnson: Finding, using social media evidence in personal injury cases
To a savvy litigator armed with best practices to avoid ethical violations and ensure admissibility, social media can be utilized as an effective tool to gather information throughout litigation, including trial.
Indiana Court Decisions – July 16-29, 2020
Read Indiana appellate court decisions from the most recent reporting period.
IndyBar President’s Column: Braving the Elements at the Indianapolis Bar Foundation Golf Outing
Last week, the Indianapolis Bar Foundation (IBF) Lawyer Links Classic Golf Outing was held in the most 2020 way possible — in the pouring rain. Despite Mother Nature’s bad humor, there was a great turnout.
IndyBar: Overview of U.S.C. §529 College Savings Plans for Indiana Estate Planners
Named after the Internal Revenue Code section that governs them, Section 529 College Savings Plans (529 Plans) are higher-education savings plan trusts established under section 529(b) of the Internal Revenue Code as “qualified tuition programs.” 529 Plans offer tremendous benefits when planning for educational expenses.
IndyBar: The Parents are Not Alright — Adding E-Learning to a Full Plate
2020. Who would have thought that one year could change so many things? Things we thought were certain, nonnegotiable, and established norms as lawyers were cast aside along with vacation plans, professional sports and pants with buttons. This fall will bring even more uncertainty into our lives as we send our children back to school.
Opinions Aug. 4, 2020
Indiana Supreme Court
State of Indiana v. Samuel E. Vande Brake
20S-CR-499
Criminal. Affirms the Tippecanoe Superior Court’s dismissal of the State of Indiana’s firearm enhancement sought against Samuel Vande Brake. Finds the state failed to meet its burden to show that the trial court’s implied finding of waiver and subsequent sua sponte dismissal of the firearm enhancement were contrary to law.
Supreme Court affirms dismissal of firearm enhancement after COA reversed
Indiana Supreme Court justices vacated an appellate panel’s reversal on Tuesday, affirming the trial court’s dismissal of a firearm enhancement in a case involving a man who shot his roommate.
Indiana co-authors amicus brief in COVID-19 abortion drug case
| IL Staff
The Indiana Attorney General’s Office co-authored an amicus brief in support of the U.S. Food and Drug Administration after a federal district court lifted certain medication-assisted abortion drug regulations during the COVID-19 pandemic.
Protesters restricted from Terre Haute execution site sue ISP
Protesters kept away from the federal prison in Terre Haute during executions last month have filed a lawsuit in federal court, arguing the Indiana State Police violated their First Amendment rights by erecting roadblocks and preventing them from holding vigils immediately outside the entrance of the facility.
Judge rules for PETA in suit against embattled Charlestown zoo
A federal judge has ruled that an embattled private Charlestown zoo harmed and harassed big cats in violation of the Endangered Species Act, setting the stage for the transfer of its animals to “a reputable sanctuary.” The ruling is a victory for an animal-rights group in one of several legal actions against the zoo owner who appeared in the Netflix series “Tiger King.”
COA affirms sentence for man’s rape, battery convictions
The Indiana Court of Appeals has affirmed a man’s decades-long sentence for his rape and battery convictions, finding nothing wrong with his sentence or the decision to admit certain statements from the victim.
Affordable housing nonprofit qualifies for charitable tax exemption, Tax Court says
A Columbus-based affordable housing nonprofit qualifies for charitable purposes exemptions for several years of its operation, the Indiana Tax Court ruled on Monday, rejecting arguments posed by the Bartholomew County assessor.
Indianapolis sets first public meeting on reforming public safety
The city of Indianapolis on Thursday will host the first of a series of community meetings focused on improving public safety. The meeting, to be held virtually, is scheduled for 5:30 p.m.
GM alleges Fiat Chrysler spent millions to bribe UAW leaders
General Motors is asking a federal judge to reconsider his dismissal of a lawsuit against Fiat Chrysler based on new allegations that the company bribed union officials and GM employees with millions stashed in secret foreign bank accounts.