Articles

2014 DTCI Amicus Report

In 2014, the Defense Trial Counsel of Indiana’s Amicus Committee participated in a number of interesting appeals, several of which have not yet been decided. The cases DTCI became involved in this year addressed a variety of evidentiary and other issues that are of interest to the defense bar.

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Thomas Hays will lead DTCI as it embarks on new long-range plan

For nearly 37 years, Hays, a partner at Lewis Wagner LLP, has continued to enter courtrooms, building a solid reputation as a personal injury defense attorney. Now Hays is preparing to take on a new challenge. He is the incoming president of the Defense Trial Counsel of Indiana and will take office in January just as the organization is beginning to implement a new long-range plan.

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Walgreen privacy judgment a ‘game-changer’

A $1.4 million judgment against Walgreen for a pharmacist’s unauthorized breach of private prescription data should raise red flags for any health care provider whose employees handle private medical information, lawyers and legal experts say.

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ISBA seeks malpractice time-limit legislation

A proposal adopted by the Indiana State Bar Association's House of Delegates in October has yet to be formalized, but it recommends legislation that would limit malpractice liability for attorneys to two years after discovery of an error or not more than three years after the conclusion of representation.

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Opinions Dec. 1, 2014 ILD

Indiana Court of Appeals
Ritchie Hodges v. State of Indiana (NFP)
06A04-1406-PC-203
Post conviction. Affirms the denial of Hodges’s petition for post-conviction relief and the revocation of his community-corrections probation.

Tommy Grubb v. State of Indiana (NFP)
53A01-1404-CR-184
Criminal. Affirms the four and one-half-year habitual offender enhancement but remands with instructions to reduce Grubb’s sentence to one and one-half years on the underlying conviction for dissemination of matter harmful to minors, a Class D felony.

Anthony D. Goffinet v. State of Indiana (NFP)
82A01-1401-CR-31
Criminal. Affirms conviction and 115-year aggregate sentence for murder.

 

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Opinions Dec. 1, 2014

7th Circuit Court of Appeals
United States of America v. William Boswell
13-3641
Appeals from the U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge William T. Lawrence.
Criminal. Affirms conviction and 235-month sentence for being a felon in possession of a firearm in violation of the Armed Career Criminal Act. The admission of evidence that Boswell had a gun tattoo on his neck was not an abuse of discretion because it served to impeach his testimony, and the sentence under the ACCA did not have to be alleged in the indictment.

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Evidence of felon’s gun tattoo not error

A defendant who took the stand in his federal trial for felony firearm possession failed to convince the 7th Circuit Court of Appeals Nov. 26 that the evidence of his gun tattoo should not have been admitted.

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Eagle Creek deer hunt goes forward

A city-sponsored deer hunt at Indianapolis’ Eagle Creek Park will proceed this weekend after a judge refused to block the first such hunt in the park’s history.

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Enhancement to sentence upheld by COA

Finding Indiana’s criminal gang enhancement statute can be understood by individuals of ordinary intelligence, the Indiana Court of Appeals rejected a man’s challenge to his 175-year aggregate sentence.

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