Retzner and Nichols: Indiana’s new advance health care directive
On July 1, Indiana significantly broadened the options for an individual to make health care wishes known through an “Advance Directive for Health Care Decisions.”
Opinion
Articles
JLAP: Supporting members of the practice: JLAP taking DEI action
Since the summer of 2020, the Indiana Supreme Court’s Judges and Lawyers Assistance Program has had many deep discussions about the issues that are affecting people of color and what the program can do to support law students, attorneys and judges of color, as well as others who care about these issues and want to be meaningful and proactive allies.
Start Page: This year’s Apple iPhone and iPad updates
Apple recently released its newest mobile hardware (iPhones and iPads) and software (iOS 15 and iPadOS). iPhones are at version 13 in both base and Pro models. The “new” iPads include a new base model and mini model. There’s also a new Apple Watch.
Dible: New, flexible methods available for signing Indiana wills
House Enrolled Act 1255 (P.L. 185-2021) added new signing methods for wills, effective April 29, with no “sunset” date and no dependence on any current or future public health emergency.
Schrager: Calling it a career after all these years in practice
By any measure, 41 years is a long time. So, the fact that my career passed in a flash perhaps speaks to how engaging, compelling and consuming the practice of law is, at least to those of us who view it as more than a job.
Hammerle on… “The Card Counter,” “Shang-Chi and the Legend of the Ten Rings” and embracing ignorance
Indianapolis defense lawyer Bob Hammerle gives his views on “The Card Counter” and “Shang-Chi and the Legend of the Ten Rings,” as well as his views on trending political issues.
DTCI: Random reflections from a walk
Frequently for my past columns for DTCI, ideas would rise to the surface of my consciousness during my walks through my neighborhood and along the country roads of Porter County. Not so much this year. But one or two thoughts did cross my mind that I think are worth sharing.
Winingham: Mediation myths busted: What litigators need to know
If you’re a litigator, mediation is likely a large part of your practice. Nevertheless, there are still a variety of common myths that either prevent parties from mediating a case or prevent them from having a productive mediation.
French: To skip or not to skip the opening statement in mediation
Taking a pass on opening statements in mediation is an easy out. However, does that make it a good idea? Should it be the rule, rather than the exception? Is forgoing the opening statement in the client’s best interests?
Opinions Sept. 16, 2021
Indiana Court of Appeals
Sean Douglas Neal v. State of Indiana
21A-CR-730
Criminal. Affirms Sean Neal’s Level 4 felony child molesting conviction and adjudication as a habitual offender. Finds the Green Circuit Court erred in admitting opinion testimony by Greene County Sheriff’s Department Detective Shawn Cullison, pursuant to Evidence Rule 704(b), but that it didn’t rise to the level of fundamental error.
Opinions Sept. 15, 2021
The following 7th Circuit Court of Appeals opinion was posted after IL deadline Tuesday:
Ann Robbins v. MED-1 Solutions, LLC
20-1343
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Magistrate Judge Tim A. Baker.
Civil. Affirms the entry of judgment for MED-1 Solutions LLC in Ann Robbins’ federal action seeking damages under the Fair Debt Collection Practices Act. Finds a related state-court dismissal order does not have preclusive effect. Also finds Robbins’ contract with the hospital system required her to pay all collection costs, including attorney fees MED-1 did not violate the FDCPA by attempted to collect fees-on-fees in the state-court proceedings.
Maley: Third-party subpoenas: Advance service compliance
Federal practitioners regularly issue and respond to third-party subpoenas for documents. Expansive revisions to Rule 45 of the Federal Rules of Civil Procedure were made in 2013, but many subpoenas are still issued that do not comply. One of the most common issues is failing to serve parties with the third-party subpoena prior to (or even after) service on the third party.
JLAP: A national report on judicial well-being
Retired Marion County Judge David Shaheed co-authored a groundbreaking national report on the effects of job stress on the judiciary. The report identifies both the sources of stress and strategies for managing it.
Kiefer: Responding to SBA PPP loan audits: What we’ve learned
The Small Business Administration has announced that it will audit all PPP loans of $2 million or more, and it may audit other loans as it deems appropriate. Audits began earlier this year and are expected to continue into next year.
Hammerle on… “Suicide Squad” and “Candyman”
Indianapolis criminal defense lawyer Bob Hammerle gives us his take on “Suicide Squad” and “Candyman.”
Opinions Sept. 14, 2021
Indiana Supreme Court
John B. Larkin v. State of Indiana
21S-CR-00427
Criminal. Affirms the LaPorte Superior Court’s judgment against John B. Larkin for Class C felony involuntary manslaughter. Finds the trial court did not abuse its discretion by denying Larkin’s motion to dismiss for prosecutorial misconduct or by treating the handgun as an aggravator. Finds the state presented sufficient evidence to overcome Larkin’s self-defense claim and that Larkin was not deprived of fair notice. Justice Steven David dissents with separate opinion, arguing that the acquittal of his crimes should be upheld.
Opinions Sept. 13, 2021
7th Circuit Court of Appeals
Christopher Harris v. United States of America
19-3363
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Jane Magnus-Stinson.
Criminal. Affirms the U.S. District Court for the Southern District of Indiana did not err in denying habeas corpus relief to Christopher Harris. Finds Harris’ counsel was not ineffective, and it was objectively reasonable for them to pursue a 20-year sentence.
Opinions June 24, 2021
Indiana Court of Appeals
Kennic T. Brown v. State of Indiana
20A-CR-2261
Criminal. Affirms the denial of Kennic Brown’s motion to dismiss his charge of Level 6 felony battery against a public safety officer. Finds the disciplinary action taken by the Indiana Department of Correction against Brown for his conduct violation does not preclude the state’s criminal prosecution of him for the same act. Also finds Brown’s motion to dismiss the criminal charge against him on double jeopardy grounds was correctly denied.
Informant’s face-to-face interview reversed by justices on identity concerns
An order requiring a confidential informant to undergo a face-to-face interview with defense counsel has been reversed by the Indiana Supreme Court, which found that an individual’s identity would be inherently revealed through their physical appearance at such an interview.
Hammerle on… “A Quite Place Part II” and “Cruella”
Bob Hammerle shares his thoughts on two new movies, “A Quite Place Part II” and “Cruella.”