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COA rejects separation-of-powers argument in probation revocation appeal

February 19, 2020 | Katie Stancombe

A man contesting the revocation of his probation did not convince the Indiana Court of Appeals that an Indiana statute violates the separation-of-powers provisions of the Indiana Constitution. The appellate court instead found, based on its own precedent, that the statute is not unconstitutional.

Reversal: Burglary conspiracy expungement petition wrongly dismissed 

February 19, 2020 | Katie Stancombe

A man’s petition for expungement of his criminal record for his involvement as a lookout during a residential burglary almost 20 years ago has been reinstated after the Indiana Court of Appeals ruled Wednesday that a  southeast Indiana trial court erred in dismissing it.

DNR: Fish kill near Portage likely caused by ‘natural event’

February 19, 2020 | Associated Press

About 200 fish that were found dead Sunday in a northwestern Indiana river likely died due to natural causes, state wildlife officials said.

7th Circuit rejects ineffective-assistance claim on direct appeal

February 19, 2020 | Olivia Covington

A federal inmate who chose to raise an ineffective-assistance claim on direct appeal has lost his bid to overturn his guilty plea, with the 7th Circuit Court of Appeals finding that his strategic decision to raise the issue on direct appeal led to a lack of sufficient evidence.

Warehouse owner wins cost of removing property in appeal after lease default

February 19, 2020 | Dave Stafford

The owner of a Westfield warehouse is entitled to recover the costs of removing abandoned property in addition to unpaid rent after a tenant defaulted on lease payments, the Indiana Court of Appeals ruled Wednesday in a partial reversal. The cost of removal is twice the unpaid rent, according to the ruling.

Indiana panel backs ban on drivers using handheld phones

February 19, 2020 | Associated Press

A proposal to ban drivers from using handheld cellphones on Indiana roads is advancing in the state Legislature after testimony from people who have been injured or lost loved ones in traffic crashes caused by distracted drivers.

Source: AG Barr tells people he might quit over Trump tweets

February 19, 2020 | Associated Press

Attorney General William Barr has told people close to him he’s considering quitting his post after President Donald Trump wouldn’t heed his warning to stop tweeting about Justice Department cases, an administration official told The Associated Press.

Lake Michigan shore fight continues in court, Legislature

February 19, 2020 | Olivia Covington

The years-long struggle between public and private rights along Indiana’s Lake Michigan shoreline continues in the Indiana Statehouse and in federal court, even as the state marks the two-year anniversary of a landmark Indiana Supreme Court decision that ruled in the public’s favor.

Marion Superior retention interviews to be held in March

February 19, 2020 | Olivia Covington

The second iteration of retention interviews for Marion Superior judges will begin in less than a month. The Marion County Judicial Selection Committee set aside March 9 to interview the 13 Marion Superior Court judges seeking retention while also opening the window for applicants seeking to fill one of three pending vacancies on the trial court bench in Indianapolis.

Web Exclusive: Young attorneys engage diverse youth on careers in legal profession

February 19, 2020 | Katie Stancombe

While various programs such as the Conference for Legal Education Opportunity encourage more diverse attorneys in the legal profession, a career in the law still seems unattainable for some. But many new attorneys are sharing their experiences with students in middle schools and high schools in hopes of showing what the profession has to offer.

Stafford: Attorneys, heal thy profession: Answer victims’ calls for help

February 19, 2020 | Dave Stafford

One of the saddest parts of my job is when a victim of an unscrupulous lawyer calls, asking in exasperation, “Is there anything that can be done about this?” The very saddest part is the realization that, deep down, the caller already knows the answer is no, or next to no. The legal profession has no contingency when one of its own who swore an oath goes rogue and steals from vulnerable clients. This must change.

State aims to extend Healthy Indiana Plan

February 19, 2020 | Marilyn Odendahl

Indiana has submitted a request for a 10-year extension of its Medicaid alternative program, the Healthy Indiana Plan, and still included is the suspended work requirement that was imposed on some enrollees in the public assistance program but is currently under review by the courts.

Pro Bono Matters: Pro Bono Indiana helping maximize, streamline state districts’ efforts

February 19, 2020 | Kristina Coleman and Emily Kile-Maxwell

There’s a new pro bono organization in town, and it’s bringing a relatively large change to Indiana’s pro bono system. Pro Bono Indiana was established at the beginning of this year to consolidate the administration of Indiana’s pro bono districts while still preserving the autonomy of the local nonprofit programs that have been serving the pro bono districts for years.

Indiana Court Decisions – Jan. 30-Feb. 12, 2020

February 19, 2020

Read Indiana appellate court decisions from the most recent reporting period.

IndyBar: Hear from Indiana General Assembly Key Players on Feb. 25

February 19, 2020 | From IndyBar

As we prepare to enter the final month of 2020’s shorter (but nonetheless exciting) legislative session, the IndyBar is excited to host again one of our most engaging and important networking events of the year: the Lawyer-Legislator Luncheon on Feb. 25!

Hammerle on … “Birds of Prey” and “Just Mercy”

February 19, 2020 | Robert Hammerle

Movie reviewer Robert Hammerle wonders why more people are not flocking to “Birds of Prey,” while “Just Mercy” is an emotionally moving film that hits close to home.

Breaking barriers: Women’s White Collar Defense Association chapter brings opportunities

February 19, 2020 | Marilyn Odendahl

To elevate Indiana women in the traditionally male-dominated white-collar defense bar, the Indianapolis chapter of the Women’s White Collar Defense Association was founded in 2015. The primary goal of the group is to build a referral network so female lawyers are likelier to get handed a case or asked to represent a client.

Controlling costly care: Lawmakers weigh surprise billing, transparency legislation

February 19, 2020 | Olivia Covington

The idea of increasing health care affordability and cost transparency has received bipartisan support, but the devil has been in the details. Even so, federal lawmakers feel confident Congress will enact legislation to end surprise billing this year, while Indiana lawmakers say they’re committed to creating state solutions to drive down Hoosier health care costs.

IL Illustration/Brad Turner

Law Student Outlook: Women still face challenges in the legal profession

February 19, 2020

While reflecting on our time writing this column, it became clear that we have not addressed an important aspect of our lives and future legal careers: We are women in the law. Obviously, the legal field has historically been dominated by men, and usually those who are well-off. In our time in law school we have seen a growing movement of greater diversity in the field, paving the way for different groups of people to make their mark in the profession and on the legal landscape.

Back to the border: Notre Dame law legal aid team sees increased hardship for asylum seekers

February 19, 2020 | Katie Stancombe

Instead of spending his holiday season surrounded by all things merry and bright, immigration attorney Rudy Monterrosa spent days at what he described as an ominous place akin to a concentration camp. For the second year in a row, Monterrosa took a team to the Texas-Mexico border to offer free legal services to women and children seeking asylum in the United States. His experience this time, however, was quite different.

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In This Issue

  • Federal judges have sided with employers in three recent cases brought by employees over extra fees

  • After 25 years at McKinney, Tom Wilson isn’t done teaching

  • Indiana Office of Inspector General announces felony charges against former state employees 

Most Read
  • COA upholds murder convictions, 100-year sentence for teen convicted in siblings’ suffocation deaths

  • Attorney General seeks dissolution of Noblesville charity, says it mishandled assets

  • Judge spares Baer death penalty, resentences killer to life in prison

  • Investigation finds pattern of sexual abuse by former Notre Dame rector

  • Dustin Houchin: Sorry, but it’s a law: Social intervention programs don’t work

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