25 lawyers selected for annual ISBA leadership program
The Indiana State Bar Association has announced its 2019 Leadership Development Academy class, selecting 25 attorneys from across the state to participate in the program’s eighth year.
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Familiar names return to We the People winner circle
Hamilton County teams took home top honors in the Indiana We the People high school and middle school state finals held Sunday through Tuesday in Indianapolis. The first-place finishers now have the chance to compete for national titles.
Split COA affirms denial of court employee’s contempt motion, awards appellate fees
A split Indiana Court of Appeals affirmed the denial of a drug court coordinator’s claims that an auditor was in contempt of court, finding the coordinator’s claims were frivolous and her excessive filings were unreasonable. As such, the majority awarded appellate attorney’s fees to the auditor.
Justices grant transfer to smartphone self-incrimination appeal
The Indiana Supreme Court granted one petition to transfer last week, agreeing to hear a case of first impression in which law enforcement officers were barred from forcing a woman to unlock her smartphone as part of a criminal investigation.
Fight over Indiana abortion law still waiting at U.S. Supreme Court
While the Supreme Court of the United States has yet to agree to hear an abortion rights case this term, a petition from Indiana regarding its law regulating the disposal of fetal remains and prohibiting women from terminating their pregnancies based on race, sex or disability remains under consideration. Indiana filed a writ of certiorari after the 7th Circuit Court of Appeals upheld a preliminary injunction against 2016's House Enrolled Act 1337.
DCS budget could grow significantly next year
The Indiana Department of Child Services is requesting a 42 percent increase in its budget next year compared to the funding it was designated to receive this year in the previous budget cycle. The proposed budget from DCS would include $965 million from the state’s general fund per year for the next two fiscal years.
Trump administration asks Supreme Court to allow asylum ban
The Trump administration is asking the Supreme Court to allow enforcement of a ban on asylum for any immigrants who illegally cross the U.S.-Mexico border. The administration said in court papers filed Tuesday that the nationwide order preventing the policy from taking effect “is deeply flawed” and should be lifted pending an appeal that could reach the high court.
Mishawaka teen accused in pregnant classmate’s murder appears in court
An Indiana judge has entered a preliminary not guilty plea for a high school football player accused of killing 17-year-old schoolmate Breana Rouhselang, who was pregnant with his child. The St. Joseph County judge also denied bail Tuesday for 16-year-old Aaron Trejo, who’s charged as an adult with murder and feticide.
Records: $50K settled officer racial discrimination lawsuit
Records show a former West Terre Haute police officer who appealed his firing has accepted $50,000 to settle a 2015 federal lawsuit alleging racial discrimination. Jonathan Stevens, who is black, signed an agreement in January 2017 to resolve the complaint he’d filed alleging the West Terre Haute Town Council and police chief conspired not to hire him because they allegedly said they didn’t want “his kind” working for the town.
COA upholds marijuana, handgun convictions but remands for indigency hearing
The Indiana Court of Appeals has affirmed a man’s marijuana and handgun convictions based on sufficient and admissible evidence, but remanded the case for the trial court to hold an indigency hearing on imposed probation fees.
DTCI: Congratulations to the 2019 board of directors
The Defense Trial Counsel of Indiana named its 2019 officers and directors at its Twenty-Fifth Annual Conference and Annual Meeting last month. The officers and directors will take office January 1, 2019.
Opinions Dec. 11, 2018
Indiana Court of Appeals
Riley M. Randall v. State of Indiana
18A-CR-1574
Criminal. Affirms Riley Randall’s conviction for Level 3 felony robbery while armed with a deadly weapon. Finds the DeKalb Superior Court did not abuse its discretion in denying Randall’s proposed jury instruction on the duress defense because that defense was not available to Riley.
Indiana Lawyer 2019 Corporate Counsel Guide
Indiana Lawyer's 2019 Corporate Counsel Guide provides snapshot information about lawyers providing in-house legal counsel to Indiana's business community.
Woman who severed finger on the job must seek redress via Worker’s Compensation Act
A woman whose finger was severed in an accident at an Elkhart County assembly plant must seek relief via the Indiana Worker’s Compensation Act after the Indiana Court of Appeals affirmed the dismissal of her negligence complaint against the company she worked for at the time of the injury.
Disciplinary Commission: ‘License rental’ model with non-Hoosier attorneys poses ethics risk
The Indiana Supreme Court Disciplinary Commission is warning lawyers of the potential ethical pitfalls that can arise when Hoosier attorneys affiliate themselves with out-of-state law firms or non-lawyer legal services companies. Such relationships could allow the non-Indiana groups to offer legal services in the Hoosier state without actually having to be a member of the Indiana bar, the commission said.
Armed robber loses appeal of denied jury instruction on duress defense
The Indiana Court of Appeals affirmed the denial of a man’s tendered jury instruction after finding the defense included in the proposed instruction was not available to the defendant.
Justices make amendments to appellate ‘Notice of Defect’ rules
The Indiana Supreme Court has made amendments to how attorneys and litigants are required to respond when their appellate filings do not comply with Indiana Rules of Appellate Procedure. An order from the court inserts new language into Appellate Rule 23 related to correcting filing defects and creates a new appendix to the rule.
IndyBar: My Experience at the Appellate Judges Education Institute Summit
This fall, I had the esteemed privilege of attending the annual summit of the Appellate Judges Education Institute (AJFI) in Atlanta, Georgia. The Appellate Practice Section of the Indianapolis Bar Association generously provided me with a scholarship to make this experience possible.
IndyBar: An Insight into the Marion County Public Defender Agency — Get to Know Chief PD Bob Hill
Have you ever wanted to get to know Chief Public Defender Robert Hill, how he got to where he is, and his thoughts on the criminal justice system? I had the opportunity to sit down with Hill to ask him about his background, how he got into practice and his path to becoming Chief Public Defender. As an added bonus, he shared some practice tips along with his thoughts on the criminal justice system.
IndyBar: President’s Column — ‘Porchunate,’ ‘Hoss-bubble,’ and Other ‘Words’ that Describe 2018
I have often heard it said that having children keeps you young, keeps you in touch with your own childhood and it helps keep your imagination alive. Whoever said that has never met Charlie Bell. Charlie Bell is my 4-year old, and if feeling 136 years old is feeling young, then yes, he makes me feel very, very, young every single day.
