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11/21 – Legal Ethics in Special Education Work (Indianapolis)

Attorneys assisting students and families with special education needs confront legal ethics issues unique to the subject area and context. This informative program will address common issues such as: • Rule 4.2 ex parte communications: When is the school “represented”? • Attorney-client privilege: How to preserve privilege in this setting • Who is the client […]

Woman with nerve damage wins reversal in med-mal case against hospital

October 29, 2019 | Katie Stancombe

A woman who suffers from nerve damage after dye was negligently injected into her arm for a medical scan has won a reversal against the southern Indiana hospital that administered the procedure.

Lawyers use knights and kings to promote civics

October 29, 2019 | Marilyn Odendahl

Despite a rain-soaked afternoon, just over 30 chess enthusiasts gathered at the City Market in downtown Indianapolis Oct. 26 to test their skills at the centuries-old game and help support the young, by comparison, American democracy. The We the People White Knight Chess Tournament, sponsored by Cohen & Malad LLP and Barnes and Thornburg LLP, raised money for the Indiana We the People program.

Prosecutor faces discipline for allegedly undisclosed testimony deal

October 29, 2019 | Dave Stafford

An elected Indiana prosecutor who allegedly failed to disclose to the defense a deal he requested to secure witness testimony against a criminal defendant is facing an attorney discipline complaint. Putnam County Prosecutor Timothy L. Bookwalter has been charged with professional misconduct by the Indiana Supreme Court Disciplinary Commission.

Justice Dept. appeals order on Mueller grand jury testimony

October 29, 2019 | Associated Press

The Justice Department on Monday appealed a judge’s order directing the department to provide the House with secret grand jury testimony from special counsel Robert Mueller’s Russia investigation. The department also asked Chief U.S. District Judge Beryl Howell to put her own order on hold until a federal appeals court has an opportunity to weigh in.

Indiana mayor to name police chief after 3 resignations

October 29, 2019 | Associated Press

The mayor of Michigan City will name a new police chief this week after the resignations of three senior officers. Mayor Ron Meer says he’ll hold a news conference Tuesday, after Police Chief Mark Swistek and assistant chiefs Royce Williams and Kevin Urbanczyk announced their resignations last week.

Porter County driver accused of letting students drive bus sentenced

October 29, 2019 | Associated Press

A former northwestern Indiana school bus driver who authorities say allowed children as young as 11 years old drive a bus has been sentenced to probation. Joandrea McAtee, Portage, was sentenced Monday to nearly two years of probation.

COA to hear insanity murder case at Batesville High School

October 29, 2019 | IL Staff

A traveling panel of the Indiana Court of Appeals will head southeast this week to hear oral argument in a murder case that considers Indiana’s legal standard for insanity.

Indiana grandfather charged in Puerto Rico cruise ship death

October 29, 2019 | Associated Press

A man who police say dropped his young granddaughter from the 11th floor of a cruise ship docked in Puerto Rico in July has been accused of negligent homicide. But his attorney says the decision to charge the Indiana man is “pouring salt” on the family’s wounds.

Gary man charged in weekend triple shooting and arson fire

October 29, 2019 | Associated Press

A Gary man has been charged in the shooting deaths of three people and then setting a fire that destroyed the home occupied by the victims. Gary police officials say Reginald Carter fatally shot his girlfriend and two family members on Friday.

11/15 – Amendment Day: Technology, Ethics and the Latest on the Fourth, Fifth and Sixth Amendments (Indianapolis)

Speakers: -Hon. Christina Klineman, Marion Superior Court -James J. Bell, Paganelli Law Group -Det. Adam Franklin, Indianapolis Metropolitan Police Department -John Gallo, Marion County Public Defender Agency -Darren Miller, Strategic Forensic Partners LLC Date: Friday, November 15, 2019 Time (local time): 1:00 – 4:15 pm Credit hours: 3.0 General CLE / 1.0 Ethics Cost: Visit […]

Opinions Oct. 28, 2019

October 28, 2019

Indiana Supreme Court
State of Indiana v. Tyson Timbs
27S04-1702-MI-70
Miscellaneous. Vacates and remands for the Grant Superior Court to determine, based on the Indiana Supreme Court’s framework, whether Tyson Timbs has cleared the hurdle of establishing gross disproportionality in the civil forfeiture of his Land Rover. Finds a use-based in rem fine is excessive if (1) the property was not an instrumentality of the underlying crimes, or (2) the property was an instrumentality, but the harshness of the punishment would be grossly disproportional to the gravity of the underlying offenses and the owner’s culpability for the property’s misuse. Also finds that Timbs’ Land Rover was an instrumentality of the underlying offense of drug dealing. Justice Geoffrey Slaughter dissents with separate opinion.

11/14 – Special Considerations in Asset Deals and Corporate Carve-Outs (Indianapolis)

Speaker: B. Ronan Johnson, Taft Stettinius & Hollister LLP Date: Thursday, November 14, 2019 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  Indianapolis Bar Association Contact information: Indianapolis […]

11/13 – Handling DCS Cases: Tips, Tricks and Relevant Legislation and Case Law (Indianapolis)

Speakers: Katherine Meger Kelsey, Kids’ Voice of Indiana Robert E. Shive, Emswiller Williams Noland & Clarke PC Date: Wednesday, November 13, 2019 Time (local time): 4:00 – 6:00 pm After the seminar, stick around for a drink and snack with your fellow Family Law practitioners! Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program […]

11/13 – Qualified Opportunity Zones: The Current State of Affairs (Indianapolis)

Speaker: David J. Bartoletti, Faegre Baker Daniels LLP Date: Wednesday, November 13, 2019 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  Indianapolis Bar Association Contact information: Indianapolis Bar […]

11/12 – Summary Judgment Trends and Tips Post-Hughley (Indianapolis)

Speakers: -Bryan H. Babb, Bose McKinney & Evans LLP -Libby Yin Goodknight, Krieg DeVault LLP Date: Tuesday, November 12, 2019 Time (local time): 4:00 – 5:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  […]

11/12 – Hot Topics in the World of Environmental Insurance Coverage (Indianapolis)

Speakers: -Kyle A. Lansberry, Lewis Wagner LLP -Thomas F. O’Gara, Taft Stettinius & Hollister LLP Date: Tuesday, November 12, 2019 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  […]

11/08 – Immigration Law in Criminal Cases (Indianapolis)

Speakers: -David Cook, Indiana Alcohol & Tobacco Commission -Joseph Murphy, Gresk & Singleton Date: Friday, November 8, 2019 Time (local time): noon – 1:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  Indianapolis Bar […]

Majority justices remand Land Rover forfeiture case for excessiveness analysis

October 28, 2019 | Olivia Covington

An Indiana civil forfeiture case that made its way to the United States Supreme Court will now return to the Grant Superior Court after the Indiana Supreme Court developed a framework for determining if the forfeiture of property is excessive under the Eighth Amendment.

11/07 – Trusteed IRAs vs. IRAs with Trust Beneficiary (Indianapolis)

Speakers: -Jay Gleason, Morgan Stanley -Polly Inboden, Comerica Bank & Trust -Elizabeth Schlueter, SchlueterBreman LLC Date: Thursday, November 7, 2019 Time (local time): 4:00 – 5:00 pm Credit hours: 1.0 General CLE Cost: Visit www.indybar.org for program costs Location: Indianapolis Bar Association – IndyBar Education Center 135 N. Pennsylvania Street, Suite 1500, Indianapolis, 46204 Provider:  […]

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

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

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

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

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

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