Opinion - The Indiana Lawyer

Opinions June 24, 2021

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

June 22, 2021 | Katie Stancombe

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”

June 9, 2021 | Robert Hammerle

Bob Hammerle shares his thoughts on two new movies, “A Quite Place Part II” and “Cruella.”

DTCI: Zoom is here to stay post-pandemic, so make the most of it

June 9, 2021 | James W. Hehner and From DTCI

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.

Young: Critical race theory: Comprehensive change for more Americans

June 9, 2021 | Ahmed Young

Ahmed Young discusses critical race theory and how he sees it as a tool to benefit more Americans.

Covington: Fast and slow, change coming to Indiana Lawyer

June 9, 2021 | Olivia Covington

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.

De Groff: Collectors of art, coins face estate planning hurdles

May 26, 2021

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.

Retzner: Get ready for gift and estate tax changes

May 26, 2021

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.

Trachtman: Becoming a lawyer in the COVID era

May 26, 2021

To say the last 14 months have been difficult is a gross understatement.

Andrews: We’re enhancing The Lawyer — and we need your help

May 26, 2021 | Greg Andrews

You can expect a “new and improved” Lawyer, with more stories you’ll find compelling, more information that gives you a leg up in your career, and new events that provide networking opportunities as well as insights into crucial issues like diversity in law.

Hart: Dogs, other pets provide more than companionship

May 26, 2021 | Ashley E. Hart

I am a farmer’s daughter. I grew up never too far from the nearest barn cat, hound dog, racehorse or cattle herd. I adopted them all and gave them each a name.

Former Mounds Mall landowner can’t force parcel owner to sign lease, COA rules

May 17, 2021 | Olivia Covington

The owner of land where Anderson’s Mounds Mall once stood cannot order the owner of one parcel to agree to a prior lease, the court found.

Express Scripts doesn’t get Hoosier income from selling prescription drugs, Tax Court rules

May 17, 2021 | Katie Stancombe

The court found the company receives its Indiana income from the provision of services and not from selling prescription drugs.

Six-day delay in initial appearance was improper, but prejudice not shown, COA rules

April 30, 2021 | Olivia Covington

Although a trial court should not have allowed a six-day delay in a defendant’s initial appearance, the Indiana Court of Appeals upheld the denial of the defendant’s motion to reduce bail because he did not establish prejudice. A concurring judge, however, cautioned that restraint should be used when “extending” Supreme Court precedent.

Stafford: Crooked Lake, St. Joe judicial bill merits a veto

April 14, 2021 | Dave Stafford

A parade of attorneys from Lake and St. Joe counties testified against House Bill 1453. Most spoke in disbelief that this was happening without any prior consideration. They explained why they had taken their time and traveled all the way down to Indianapolis, some twice, to tell lawmakers why this is a bad idea and why the current judicial nominating system works. It was enough to give any reasonable person pause. But this is the Indiana Legislature we’re talking about.

Hartz: New procedures on the way from recent (and future?) IP legislation

April 14, 2021

Amid all the news around the new year, you might have missed that the variety of changes to federal intellectual property laws, the Trademark Modernization Act (TMA) and the Copyright Alternative in Small-Claims Enforcement Act (CASE Act).

Perry and Cahr: Important new laws will have ripple effect for IP owners, practitioners

April 14, 2021

A final surprise for 2020 emerged from December’s marathon omnibus spending and COVID-19 relief negotiations. Congress included a trio of notable and hotly debated intellectual property measures in its multi-trillion-dollar spending and relief package which could fundamentally alter the manner in which intellectual property owners protect and enforce their rights.

Hammerle On … “Raya and the Last Dragon,” “The Father” and “Quo Vadis, Aida?”

April 14, 2021 | Robert Hammerle

Movie reviewer Robert Hammerle shares his views on three new releases — “Raya and the Last Dragon,” “The Father” and “Quo Vadis, Aida?”

Bont: White collar update — Walmart pharmacy defense plays offense

April 14, 2021 | Jonathan Bont

Walmart took issue with the government’s assertion that national pharmacy chains are required to analyze and share prescribing data across its stores and with line pharmacists. After waiting four years for the government to initiate legal proceedings, Walmart took the offensive and filed a declaratory judgment action in the Eastern District of Texas. In essence, Walmart alleged to the court that the government was creating and enforcing laws that did not exist.

DTCI: COA allows medical bills in PI suit seeking only damages

April 14, 2021 | Lauren E. Dimmitt and Elizabeth S. Schmitt

In ruling on an issue of first impression, the Indiana Court of Appeals rejected a a plaintiff’s argument that medical bills are never relevant to pain and suffering, noting that common sense suggests that a more serious injury results in higher medical expenses, and vice versa.

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