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Opinions Aug. 23, 2016

Indiana Supreme Court
Kristy Burnell v. State of Indiana
29S02-1512-CR-707
Criminal. Affirms trial court decision to not terminate license suspension. Holds a refusal to submit to a chemical test occurs when the conduct of the motorist is such that a reasonable person in the officer’s position would be justified in believing the motorist was capable of refusal and manifested an unwillingness to submit to the test. Burnell has the burden of demonstrating the evidence shows her license suspension by the BMV should be overturned, and she did not carry this burden.

DOC, trial court errors lead to reversal of parole revocation

A longtime criminal who was convicted of violating his parole on an attempted robbery sentence was deprived a hearing on a corrected record and therefore is entitled to post-conviction relief, the Indiana Court of Appeals ruled Tuesday.

COA advice: Leave affirmation out of jury instructions

A man’s convictions of battery and disorderly conduct will stand, but the Indiana Court of Appeals cautioned trial courts that including law enforcement affirmations in jury instructions should not, calling the practice “undesirable and completely avoidable.”

Moberly: Reconnecting with Our Cause

I enjoy lawyer gatherings because they affirm that the work we do is important, and we all take that very seriously, but there is also plenty of room for friendship and collegiality.

IndyBar: Could a Parenting Coordinator Help Your Clients?

A Parenting Coordinator, or “PC,” is a family law attorney or mental health professional who is appointed by the court to assist parents after a divorce or paternity decree. Most PCs also have significant mediation experience and some have attended a 2- or 3-day training specifically for Parenting Coordinators.

Feds: Charleston church shooting suspect ‘self-radicalized’

A white man charged with the shooting deaths of nine black churchgoers in Charleston "self-radicalized" in the months before the attack and grew more entrenched in his beliefs in white supremacy, according to court papers prosecutors filed this week in federal court.

Ex-Fox News host sues Roger Ailes, others

Former Fox News host Andrea Tantaros has charged in a lawsuit she was sexually harassed by former network chief Roger Ailes and other top executives.

AG: 2,800 Hoosier borrowers eligible for HSBC payments

Attorney General Greg Zoeller  said about 2,800 Indiana borrowers should watch for mailed notices this month that will tell them how to claim reimbursements from mortgage lender and servicer HSBC.

DTCI: Awards Nominations Invited

The Defense Trial Counsel’s Annual Meeting will be held Nov. 17-18 in Fort Wayne. One of the highlights of the meeting is the presentation of the “Defense Lawyer of the Year,” the “Diplomat of the Indiana Defense Trial Counsel,” and the “Outstanding Young Lawyer” awards.

Was painting by famed living artist? US judge to decide

A federal judge in Chicago is set to issue a verdict in a peculiar civil trial over a celebrated Scottish-born artist's insistence that he did not paint a landscape work that was once valued at more than $10 million.

DTCI: Indiana’s Uniform Security Act: An introduction

This article will give the reader some insight as to when the Indiana Uniform Security Act may come into play. This article is not meant to cover all IUSA’s applications, defenses or interplay with federal law.

Jones/Schocke: What to do about peeping drones

The FAA does not appear to be taking a stance on privacy any time soon as they have remarked that the question of privacy should be determined under state law. So where do our state laws stand on privacy issues?