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.
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.
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.
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?
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.
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.
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.
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.
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.
Indianapolis criminal defense lawyer Bob Hammerle gives us his take on “Suicide Squad” and “Candyman.”
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.
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.
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.
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.
Bob Hammerle shares his thoughts on two new movies, “A Quite Place Part II” and “Cruella.”
The last year has taught most of us that Zoom calls and videoconferencing are here to stay and that there are both positive and negative aspects to conducting business this way. James Hehner offers some suggestions that he has found helpful in preventing viewer fatigue and increasing the usefulness of videoconferencing.
Ahmed Young discusses critical race theory and how he sees it as a tool to benefit more Americans.
Sometimes change happens quickly. Other times it happens slowly. But often, both are true — if you need proof, just look at The Indiana Lawyer. This week we have another new editor to introduce: me.
Estate plans for collectors of coins, art, stamps or other items will need to consider both the value and logistics of passing the collection to a new owner.
With so much pending change, advising clients on wealth transfer planning is akin to advising the client to bet red, black or green on a roulette wheel.