November 1, 2019

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OFFICERS

JEFFREY P. SMITH President

TERESA L. TODD Vice President

LYNNETTE GRAY Secretary

RICHARD S. PITTS Treasurer

ALANM.HUX Appointed Member

LINDA K. MEIER Appointed Member

DIRECTORS

J atnes H. Austen Dean Jonna Kane MacDougall Sarah L. Blake Thomas A. Massey Hon. Andrew R. Bloch Linda K. Meier Melanie M. Dunajeski Richard S. Pitts Mark A. Foster Jeffrey P. Smith Lynnette Gray Teresa L. Todd AlanM. Hux Inge Van der Cruysse

ICLEF

SCOTT E. KING Executive Director

James R. Whitesell Jeffrey A. Lawson Senior Program Director Program Director APPELLATE PRACTICE ADVOCACY Agenda

8:15 AM. Registration & Coffee 8:30 AM. Welcome! Understanding what "Appellate Lawyering" is all about; What is different about appellate advocacy?; Resources for the Appellate Lawyer; Appellate Rules Updates - Chief Justice Loretta H. Rush, Chief Judge Nancy H. Vaidik and Maggie L. Smith, Program Chair 8:45 A.M. Writing Effective Appellate Briefs - Choosing Arguments - Effective Presentation - Words Matter - Hon. Cale J. Bradford, Jonathan B. Warner and Crystal G. Rowe 9:30 A.M. Oral Advocacy - Effective Oral Argument Tips - Panel Oral Argument - Analysis of Oral Argument - Chief Justice Loretta H. Rush, Chief Judge Nancy H. Vaidik, and Hon. Robert R. Altice, Jr. Oralist - Peter J. Rusthoven Oralist - Margaret M. Christensen Oralist- Cara S. Wieneke Oralist - Joel M. Schumm Moderator - Chief Judge Nancy H. Vaidik 11:00 AM. Coffee Break 11: 15 A.M. Criminal Appeals - What is Different? -Hon. Elizabeth F. Tavitas, Stephen R. Creason and Cara S. Wieneke 11 :45 A.M. Motions Practice and Electronic Filing - What does the Motions Panel do? - Motions Panel Advocacy -Derek R. Molter, Kyle C. Gillaspie 12:15 PM. Break to Pick Up Lunch (Available at the ICLEF Live In-Person Program and the Live Group Webcast Locations)

12:35 P.M. Appellate Ethics - Justice Steven H. David, Bryan H. Babb and Darren A. Craig

November 1, 2019 www.ICLEEoRG APPELLATE PRACTICE ADVOCACY Agenda Continued

1:20 PM. Starting the Appeal - What Should You Consider Before Taking it? - First Steps in the Appeal - "Gotcha" Trial Mistakes - Karl L. Mulvaney, Margaret M. Christensen 2:05 P.M. Refreshment Break

2: 15 P.M. Interlocutory Appeals - What Appeals are Appropriate? - Procedural Differences - Hon. Edward W. Najam, Jr., Brian J. Paul, and Kyle C. Gillaspie

2:45 PM. Supreme Court Practice - Transfer Proceedings - How SCT Oral Argument is Different - Transfer Statistics - Amicus Participation - Original Actions - Justice Geoffrey G. Slaughter, Justice Christopher M. Goff, Maggie L. Smith, Joel M. Schumm, and Geoff Davis

3:30 PM. Adjourn

November 1, 2019 www.ICLEFoRG APPELLATE PRACTICE ADVOCACY Faculty

Ms. Maggie L. Smith Chief Justice Loretta H. Rush Frost Brown Todd LLC 201 North Street, Suite 1900 200 West Washington Street P.O. Box 44961 , IN 46204 Indianapolis, IN 46244-0961 ph: (317) 237-3800 Justice Geoffrey G. Slaughter fax: (317) 237-3900 Indiana Supreme Court e-mail: [email protected] 200 West Washington Street State House, Room 306 Indianapolis, IN 46204 ph: (317) 232-2549 Hon. Robert R. Altice, Jr. e-mail: [email protected] Indiana Court of Appeals 200 West Washington Street Hon. Elizabeth F. Tavitas State House, Room 425 Indiana Court of Appeals Indianapolis, IN 46204 115 West Washington Street ph: (317) 234-9625 Suite 1080, South Tower fax: (317) 233-3097 Indianapolis, IN 46204 e-mail: [email protected] ph: (317) 232-6887 fax: (317) 234-2985 Hon. Cale J. Bradford e-mail: [email protected] Indiana Court of Appeals cc: [email protected] 115 West Washington Street Suite 1080, South Tower Chief Judge Nancy H. Vaidik Indianapolis, IN 46204 Indiana Court of Appeals 200 West Washington Street ph: (317) 232-6889 State House, Room 409 fax: (317) 233-4627 Indianapolis, IN 46204 e-mail: [email protected] ph: (317) 234-0883 Justice Steven H. David fax: (317) 233-3098 e-mail: [email protected] Indiana Supreme Court 200 West Washington Street Mr. Bryan H. Babb State House, Room 321 Bose McKinney & Evans LLP Indianapolis, IN 46204 111 Monument Circle, Suite 2700 ph: (317) 232-2547 Indianapolis, IN 46204 fax: (317) 233-8711 ph: (317) 684-5172 e-mail: [email protected] fax: (317) 223-0172 cc: [email protected] e-mail: [email protected] Justice Christopher M. Goff Ms. Margaret M. Christensen Indiana Supreme Court Bingham Greenebaum Doll LLP 200 West Washington Street 2700 Market Tower State House, Room 324 10 West Market Street Indianapolis, IN 46204 Indianapolis, IN 46204 ph: (317) 232-2546 ph: (317) 635-8900 e-mail: [email protected] fax: (317) 236-9907 e-mail: [email protected] Hou. Edward W. Najam, Jr. Indiana Court of Appeals Mr. Darren A. Craig 200 West Washington Street Frost Brown Todd LLC State House, Room 423 201 North Illinois Street, Suite 1900 Indianapolis, IN 46204 P.O. Box 44961 ph: (317) 232-6884 Indianapolis, IN 46244-0961 fax: (317) 233-6001 ph: (317) 237-3975 e-mail: [email protected] fax: (317) 237-3900 cc: [email protected] e-mail: [email protected] November 1, 2019 WWW. ICLEF. ORG APPELLATE PRACTICE ADVOCACY Faculty Continued

Mr. Stephen R. Creason Ms. Crystal G. Rowe Chief Counsel Kightlinger & Gray, LLP Indiana Attorney General's Office Bonterra Building, Suite 200 Appeals Division 3620 Blackiston Boulevard 200 West Washington Street, Room 219 New Albany, IN 47150 Indianapolis, IN 46204 ph: (812) 949-2300 Ext. 5122 ph: (317) 232-6222 fax: (812) 949-8556 fax: (317) 232-7979 e-mail: [email protected] e-mail: steve [email protected] Mr. Peter J. Rusthoven Mr. Geoff Davis Barnes & Thornburg LLP Staff Attorney 11 South Meridian Street Supreme Court Services Indianapolis, IN 46204 200 West Washington Street ph: (317) 231-7299 State House, Room 315 fax: (317) 231-7433 Indianapolis, IN 46204 e-mail: [email protected] ph: (317) 232-2540 e-mail: [email protected] Prof. Joel M. Schumm Clinical Professor of Law Mr. Kyle C. Gillaspie Indiana University Robert H. McKinney Chief Staff Attorney School of Law Indiana Court of Appeals Lawrence W. Inlow Hall, Room 229 115 West Washington Street 530 West Street Suite 1080, South Tower Indianapolis, IN 46202 Indianapolis, IN 46204 ph: (317) 278-4733 ph: (317) 234-5587 fax: (317) 274-8565 fax: (317) 233-4627 e-mail: [email protected] e-mail: kyle [email protected] Mr. Jonathan B. Warner Mr. Derek R. Molter Senior Deputy Law Clerk to Ice Miller LLP Judge Edward W. Najam, Jr. One American Square, Suite 2900 Indiana Court of Appeals Indianapolis, IN 46282-0200 200 West Washington Street ph: (317) 236-2193 State House, Room 423 fax: (317) 592-4897 Indianapolis, IN 46204 e-mail: [email protected] ph: (317) 233-0357 e-mail: [email protected] Mr. Karl L. Mulvaney Bingham Greenebaum Doll LLP Ms. Cara L. Schaefer Wieneke 2700 Market Tower Wieneke Law Office, LLC 10 West Market Street P.O. Box 368 Indianapolis, IN 46204 Brooklyn, IN 46111 ph: (317) 968-5400 ph: (317) 331-8293 fax: (317) 236-9907 e-mail: [email protected] e-mail: [email protected] or [email protected] Mr. Brian J. Paul Faegre Baker Daniels LLP 300 North Meridian Street, Suite 2700 Indianapolis, IN 46204 ph: (317) 237-8288 fax: (317) 237-1000 e-mail: [email protected]

November 1, 2019 www.ICLEF.oRG Maggie L. Smith

Member, Frost Brown Todd LLC, Indianapolis

Maggie is recognized as one of the top appellate attorneys in the country. In addition to being named by Super Lawyers® as one the top 25 Women Attorneys in the state of Indiana, Maggie has been selected as one of The Best Lawyers in America® in the field of appellate practice, identified an Indiana Super Lawyers® appellate attorney, listed as a Chambers USA® Top Tier Appellate Litigator, and recently was celebrated for fifteen years as a Martindale Hubbell AV Preeminent Rated Lawyer with the "Highest Possible Peer Review Rating in Legal Ability & Ethical Standards. 11

Maggie has been involved in hundreds of appeals, and has represented businesses, individuals, and groups in all types of appellate proceeding at every level of the state and federal appellat e courts. She also has significant experience representing amicus curiae parties before Indiana's appellate courts.

Her clients say that her appellate "writing skills are great11 and she also has "fantastic11 oral advocacy skills arguing before appellate courts-a combination that makes Maggie "the complete package. 11

In addition to representing parties on appeal, Maggie has been actively involved in drafting the Indiana Appellate Rules, is a leader in the state and national appellate practice communities, and is a regular presenter and author on appellate topics.

Prior to entering private practice, she served as a judicial law clerk with the Indiana Supreme Court and was an Adjunct Professor of Law at Indiana University, teaching legal writing and reasoning and appellate advocacy.

The Indiana Supreme Court appointed Maggie to an eight-year term on its Committee on Rules of Practice and Procedure in 2009, and in this capacity, she was engaged in the continuous study of all the Indiana Rules of Procedure (Trial Rules, Evidence Rules, Jury Rules, Appellate Rules, Professional Conduct Rules, etc.). Maggie was actively involved in the e-fling projects, Administrative Rule 9(G) overhaul, and the appellate rules . Chief Justice Loretta H. Rush

Chief Justice, Indiana Supreme Court, Indianapolis

·. &.,.

(One hundred eighth Justice)

Loretta H. Rush took the oath of office as Indiana's 108th Supreme Court Justice in November 2012 after being appointed by Governor Mitch Daniels. The Judicial Nominating Commission named her Chief Justice in August 2014.

As Chief Justice, Rush is responsible for supervising the entire judicial branch. That includes administration and funding of court programs across the state. A central administrative office with multiple agencies works under Rush's direction to handle everything from caseload measures to technology updates to admission and discipline of lawyers. With millions of cases already in a central system, the Court continues to use technology to improve access and efficiency. The ability toe-file documents in both the trial and appellate courts became a reality under Rush's leadership with strong support from judicial colleagues, clerks, and bar associations.

Chief Justice Rush serves on the Conference of Chief Justices Board of Directors (2nd term) and is co-chair of the National Judicial Opioid Task Force. In addition to being a member of local, state, and national bar associations, Chief Justice Rush is a Life Fellow of the American Bar Foundation. She is an Academy of Law Alumni Fellow for the Maurer School of Law. She chairs or is a member of several commissions (including the Commission on Improving the Status of Children in Indiana and the Judicial Nominating/Qualifications Commission).

Most recently, Chief Justice Rush was named the 2018 Indiana Chamber Government Leader of the Year. She has also received the Purdue University Distinguished Alumni Award with induction into the Boiler Business Exchange Hall of Fame; the Indianapolis Bar Association's Antoinette Dakin Leach Award; the Indiana Civil Rights Commission Spirit of Justice Award; and the Indiana Business Journal Women of Influence Award.

Prior to her appointment, Rush spent 15 years at a Lafayette law firm and was elected three times to serve as Tippecanoe Superior Court 3 judge. She was born in Pennsylvania and moved frequently as a child before settling in Indiana in 1972.

She earned her undergraduate degree from Purdue University and her law degree from Indiana University Maurer School of Law, both with honors. She is married to Jim Rush with four children and two grandchildren. Hon. Steven H. David

Justice, Indiana Supreme Court, Indianapolis

(One hundred sixth Justice)

Steve David has enjoyed a multi-faceted career with private practice and corporate counsel experience, twenty-eight years of stellar military service and fifteen years as a trial court judge in Boone County.

While Justice David's military career has taken him all over the world, he has strong ties to Indiana. His ancestors settled in southern Indiana in the late 1700's and early 1800's. He was born in Allen County, raised in Bartholomew County and has lived in Boone County for twenty-two years.

He graduated magna cum laude from Murray State University as a Distinguished Military Graduate on an R.0.T.C. scholarship. He earned his law degree from Indiana University's Robert H. McKinney School of Law. He is also a graduate of the Indiana Judicial College and the Graduate Program for Indiana Judges.

Following his graduation from law school in 1982, he served in the United States Army Judge Advocate General's Corps on active duty until 1986 and reserve duty until 2010. His service included two post 9-11 mobilizations in Iraq and Guantanamo Bay, Cuba. He served as trial counsel, defense counsel, Military Judge and Commander. He graduated from the Army's Command and General Staff College, the Military Judges School, and the Judge Advocate General's Basic and Advanced Officer's Course.

His dedication to the military, pro bona services, and the rule of law earned him a number of military and citizen awards including the nation's third highest non-combat medal, the Defense Superior Service Award. He also earned multiple Meritorious Service Awards, Army Commendation Medals and the Frederick Douglas Human Rights Award. He retired from the military in November 2010 with the rank of Colonel.

Justice David's civilian legal career started in Columbus, where he focused on personal injury, family law, and civil litigation. He later became in-house counsel for Mayflower Transit, Inc before moving to Boone County where he was elected Circuit Court Judge and named Boone County's Citizen of the Year, in 1999.

As a trial court judge, he presided over civil, criminal, family and juvenile matters. He testified before the on juvenile law and is a recipient of the coveted Robert Kinsey Award as the most outstanding Juvenile Court Judge in Indiana. His efforts to improve the availability of mental health services for children led to his recognition by the Indiana chapter of the National Alliance for the Mentally Ill.

Justice David serves as co-chair for the state's Juvenile Detention Alternatives Initiative ("JDAI") and also co-chairs the Program Committee for the Indiana State Bar Association's inaugural Leadership Development Academy. He is a frequent speaker and writer on various legal topics and an adjunct professor at the University of Indianapolis and Indiana University's Robert H. McKinney School of Law.

Justice David is a member of many legal and civic organizations including the Indiana Judges Association, the state and national Council of Juvenile and Family Court Judges, the American Inns of Court and the American Bar Foundation. He is a member of the American, Indiana, Indianapolis and Boone County Bar Associations as well as the Military Officers Association of America, the Zionsville American Legion, the Lebanon Elks Club and the Lebanon Kiwanis Club.

He currently serves as President of the Community Foundation of Boone County and has previously served on both the Zionsville and Lebanon Boys and Girls Clubs' Board of Directors. He enjoys participating in marathons and triathlons, reading and golf. He has hiked the Grand Canyon three times. One hike included the Boone County Bar Association and another was a family hike. The production crew of the television program 48 Hours followed the David Family and reported on their endeavor to the bottom of the canyon. Hon. Christopher M. Goff

(One hundred tenth Justice)

Christopher M. Goff was appointed to the Indiana Supreme Comi by Governor Eric Holcomb in June 2017. He took the oath of office as Indiana's l lOthjustice on July 24, 2017.

Justice Goff was born in Wabash, Indiana in 1972. After graduating from high school there, he attended Ball State University graduating summa cum laude in 1994, and then earned his law degree at the Indiana University Maurer School of Law in 1996.

After law school, Justice Goff worked in private practice, being named partner at a Huntington law firm after just 18 months working on criminal defense, domestic relations, personal injury, small business cases, and more. He served as Huntington County Public Defender for two years. His work lead to the establishment of the Huntington County Court Appointed Special Advocate (CASA) program. Justice Goff was named Huntington County Pro Bono Attorney of the Year in 2001 and 2002. He also served as President of the Huntington County Police Merit Board and Vice President of the Huntington County Bar Association.

Before joining the Indiana Supreme Court, Justice Goff served as Wabash County Superior Court Judge for twelve years. During his service on the trial bench he established the Wabash County Drug Court and the Wabash County Family Drug Treatment Court. Justice Goff served on the Board of Directors of the Indiana Judicial Conference, representing Wabash, Huntington, Wells and Adams Counties. He also served as Chair of the Protection Order Committee of the Indiana Judicial Conference.

Justice Goff and his wife, Raquel, have four children. Hon. Geoffrey G. Slaughter

Justice, Indiana Supreme Court, Indianapolis

(One hundred ninth Justice)

Geoffrey G. Slaughter was appointed to the Indiana Supreme Court by Governor Mike Pence in May 2016. He took the oath of office as Indiana's 109th Supreme Court Justice on June 13, 2016.

Justice Slaughter was born in Gary, Indiana, in 1962 and grew up in nearby Crown Point. After graduating from high school in 1981, he attended Indiana University in Bloomington, where he was elected to Phi Beta Kappa and in 1985 received a bachelor of arts in economics, graduating with high honors. In 1989, he received an M.B.A. in finance from IU's Kelley School of Business and his juris doctor cum laude from IU's Maurer School of Law.

After law school, Justice Slaughter served for two years as a law clerk to Chief Judge Allen Sharp, United States District Court for the Northern District of Indiana in South Bend. He then worked in private practice with the Chicago office of Kirkland & Ellis, concentrating on antitrust, bankruptcy, and other complex business litigation. From 1995 to 2001, he served as special counsel to the Attorney General of Indiana.

Before joining the Indiana Supreme Court, Justice Slaughter was a partner with Taft Stettinius & Hollister LLP in Indianapolis and litigated complex business disputes in both state and federal courts.

Justice Slaughter has been an active member of the Seventh Circuit Bar Association, the appellate-practice sections of the Indiana State Bar Association and the Indianapolis Bar Association, and The Federalist Society for Law and Public Policy Studies. Committed to furthering civics and constitutional education, Justice Slaughter has volunteered as a judge for the "We the People" competition since 1996.

In his spare time, Justice Slaughter is an avid reader and roots for the Chicago Cubs and IU football. Chief Judge Nancy H. Vaidik

Chief Judge, Indiana Court of Appeals, Indianapolis

Nancy H. Vaidik is a judge and a teacher with broad experience in both trial and appellate courts and in legal classrooms. She has an expertise in trial advocacy and appellate advocacy, with a strong background in the rules of evidence and legal mediation.

Judge Vaidik was selected by her colleagues as chief judge of the Court of Appeals for a three-year term beginning Jan. 1, 2014. She was re-elected for a second term as chief judge ending December 31, 2019.

Judge Vaidik grew up in Portage, Indiana, and is a sixth-generation Hoosier who retains strong ties to her hometown. She graduated with high distinction from Valparaiso University in 1977, with a double major in political science and psychology, and then studied at Valparaiso University Law School, where she earned her Juris Doctor in 1980.

Her early years as deputy and then chief deputy Porter County prosecutor provided the grounding for her judicial career. As an attorney, she tried over seventy-five jury trials and founded the Porter County Victims Assistance Unit, the Porter County Sexual Assault Recovery Project, the Domestic Violence Service, and the Valparaiso University Law School Mediation Clinic. She also served on the Porter County Community Corrections Board and led a countywide task force that spearheaded the eventual construction of a new county jail. After serving as a prosecutor, she went into private practice and specialized in domestic relations, probate, municipal law, and general litigation. She represented Caring Place, Inc., a shelter for battered women in Valparaiso.

From 1992 to 2000, she served as the judge of the Porter Superior Court. During her tenure on the trial court, Judge Vaidik was awarded a wide range of honors including the 1996 Indiana Domestic Violence Coalition Judge of the Year and the 1997 Indiana Judges Association Special Merit Award.

Judge Vaidik was appointed to the Court of Appeals in February 2000 by Governor Frank O'Bannon and was retained by election in 2002 and 2012. Because Judge Vaidik sees the Court of Appeals at the intersection of theoretical and practical law, she believes the Court should embody the highest degree of fairness and impartiality. This view informs her passion for teaching, as she feels that Hoosiers, and all litigants, deserve the finest possible legal advocacy on their behalf. Judge Vaidik also believes that legal writing must be distinguished by logical construction and clear, explanatory prose.

She is an adjunct professor at the Indiana University Maurer School of Law and won its 2011 Adjunct Professor of the Year Award. She has served as a visiting professor at the College of Law of England and Wales and taught as an adjunct professor at Valparaiso University Law School. She has taught at many law schools and for a number of organizations including the Indiana State Bar Association, the Indiana Legal Education Forum, and the Indiana Judicial Center. Judge Vaidik has trained lawyers involved in prosecuting Rwandan war crimes, Mexican lawyers prosecuting drug lords, and solicitor advocates seeking the rights of the audience in the High Courts in Belfast, Northern Ireland. She is particularly proud of her long association with the National Institute of Trial Advocacy, which honored her with its 2007 Robert Keeton Faculty Award. She is the co-author of the book, Point Well Made: Oral Advocacy in Motions Practice.

In addition to her Court of Appeals caseload and her teaching, Judge Vaidik is also actively involved in a wide variety of community, legal, and judicial organizations. She served on the State of Indiana Children's Peak Performance Commission and has held many posts with the Indiana Judges Association and Indiana Judicial Center. She has been chairperson of the Judicial Education and Community Relations Committees of the Indiana Judicial Center and is a member of the American Bar Association, Indiana State Bar Association, and Sagamore Inns of Court.

She has received many other awards and honors including the 2004 Indiana State Bar Association's Women in Law Achievement Award, the 2007 Indiana Lawyer Distinguished Barrister Award, the 2003 Paragon of Justice Award from Valparaiso University Law School, the Indianapolis Business Journal's Women of Influence, and the Sagamore of the Wabash Award from two Indiana governors.

Judge Vaidik and her husband are the proud parents of twin daughters, one a medical doctor and one a lawyer, and they have three grandsons and one granddaughter, who can choose either profession. Hon. Robert R. Altice, Jr.

Judge, Indiana Court of Appeals, Indianapolis

Robert R. Altice, Jr., was appointed to the Court of Appeals by Governor Mike Pence and began his service on Sept. 2, 2015.

Judge Altice earned his undergraduate degree from Miami University, Oxford, OH. Subsequently, he obtained a master's degree in criminal justice administration from the University of Central Missouri, where he was honored as "Graduate Student of the Year" in his department. He received his law degree from the University of Missouri-Kansas City School of Law.

Judge Altice's legal career began in Jackson County, MO, handling felony cases as a deputy prosecutor before being promoted to Chief Deputy Prosecutor for the Drug Unit. He then practiced with a Kansas City civil law firm, focusing on medical malpractice defense. After moving to Indianapolis, he joined the law firm of Wooden McLaughlin & Sterner, concentrating on insurance defense.

In 1994, Judge Altice returned to prosecution, handling a major felony caseload as a deputy prosecutor for the Marion County Prosecutor's Office. He served as Chief of the Felony Division from 1997 to 2000, prosecuting a number of high-profile felonies while also providing management support to 35 deputy prosecutors. Judge Altice briefly served as the Office's Chief Counsel, working with the Indiana General Assembly to amend laws on domestic battery and possession of firearms by violent felons. As a prosecutor, he tried more than 100 major felony jury trials, including 25 murder cases and countless bench trials.

Judge Altice was elected to the Marion County bench in 2000 and presided over both criminal and civil dockets. As judge of Marion Superior Court, Criminal Division 2 from 2001 to 2012, he presided at 250 major felony jury trials, including 75 murder trials (seven death penalty cases).

While presiding over some of the most serious criminal matters in the state, Judge Altice also served as chair of the Marion Superior Court Criminal Term from 2005 to 2007, as a member of the Executive Committee for the Marion Superior Court from 2007 to 2009, and as Presiding Judge of the Marion Superior Court from 2009 to 2011. As the Presiding Judge, he was responsible for the administration of the Marion Superior Court, with an annual budget of $50 million, and managed a court staff of more than 850 employees. He also hosted a TV show on the government access channel, titled "Off the Bench," in which other civic leaders appeared as guests to discuss public affairs.

Judge Altice moved to the civil division of the Marion Superior Court in 2013, where he officiated at 15 civil jury trials in Superior Court 5. Judge Altice was appointed chair of the Marion Superior Court Civil Term in January 2015. Throughout his judicial career, Judge Altice has held leadership roles in organizations that improve the administration of justice. He accepted special assignments from the Indiana Supreme Court on the Judicial Performance Task Force, which examined whether judicial evaluations might be useful in Indiana, and the Cameras in the Courtroom project, which allowed cameras in certain courtrooms under limited conditions. During Judge Altice's tenure on the Marion County Community Corrections Advisory Board, the Duval Work Release Center in Marion County was built and opened.

Judge Altice is a member of the Indiana Judges Association, the Indiana State Bar Association, and the Indianapolis Bar Association. He served on the Board of Directors of the Judicial Conference of Indiana, is a member and past president of the Sagamore American Inn of Court, was a member from 2010 to 2015 of the Indiana Judicial Conference Civil Bench Book Committee, and was a member and former chair of the Indiana Judicial Conference Community Relations Committee. In April 2015, Judge Altice was appointed to serve on an ad hoc Indiana Tax Court Advisory Task Force. He currently serves on the Tax Court Advisory Committee. Judge Altice is President of the Board of Directors for the Heartland Pro Bono District.

His community activities include prior service on the Board of Directors of these organizations: Indianapolis Police Athletic League; the Martin Luther King Community Development Corp.; and Coburn Place Safe Haven, a transitional housing facility for domestic abuse victims. Judge Altice also participated on the Super Bowl Legal Subcommittee. He is on the board of the Benjamin Harrison Presidential Site. He has presented on legal and ethical issues for the Indiana Continuing Legal Education Forum, the Indiana Judicial Center, and various Indiana bar associations. In his spare time, he enjoys gardening, golf and reading.

He and his wife, Kris, an attorney who is General Counsel for Shiel Sexton, have two adult children. Hon. Cale J. Bradford

Judge, Indiana Court of Appeals, Indianapolis

Cale J. Bradford was appointed to the Court of Appeals by Governor Mitch Daniels and took his seat on August 1, 2007.

Prior to his elevation to the Court of Appeals, Judge Bradford served for more than 10 years as Judge of the Marion Superior Court, seven years in the criminal division and three in the civil division. He was twice elected presiding judge by his colleagues.

During this tenure, Judge Bradford chaired the Marion County Criminal Justice Planning Council, a group of local elected and appointed officials who recommended ways to improve the county's response to criminal justice problems, including jail overcrowding, staffing, and budget issues. His efforts led to the end of 30 years of federal oversight of the Marion County Jail and to security improvements at the county's Juvenile Detention Center.

Before joining the bench, Judge Bradford served in the Marion County Prosecutor's Office for two years, overseeing a staff of more than 100 attorneys. For five years, he was an Assistant United States Attorney for the Southern District of Indiana, prosecuting major felony drug trafficking cases. He engaged in the private practice of law from 1986 to 1991, and served as both a deputy prosecutor and public defender during his career.

A native of Indianapolis, Judge Bradford received a B.A. in labor relations and personnel management from Indiana University-Bloomington in 1982 and his J.D. from the McKinney School of Law-Indianapolis in 1986. He is the Court of Appeals' liaison to the Indiana Judges Criminal Instructions Committee, which provides guidance to judges on jury instructions in criminal cases, and a former member of both the Indiana Judges Criminal Policy Committee and the Board of Directors of the Indiana State Judicial Conference.

He is a member of the McKinney School of Law Alumni Association Board; a Senior Distinguished Fellow of the Indianapolis Bar Association; and teaches at various seminars on a variety of legal topics. From 2005 to 2007, Judge Bradford hosted "Off the Bench with Judge Cale Bradford," a legal commentary program on Marion County's government access network. He also served on the Judicial Technology and Automation Committee (JTAC), helping to draft the state judiciary's policies on technology and electronic case management. Judge Bradford currently serves as an adjunct instructor in forensic science and the law at Indiana University Purdue University Indianapolis.

Judge Bradford is a former board member of Indianapolis's John P. Craine House, a residential alternative to incarceration for women offenders with pre-school-aged children. Judge Bradford regularly attends St. Luke's United Methodist Church. He and his wife, a full -day kindergarten teacher, have five children. Judge Edward W. Najam, Jr. was appointed to the Court of Appeals in 1992 and retained by the electorate in 1996, 2006, and 2016. Judge Najam is a graduate oflndiana University Bloomington (B.A., With Highest Distinction, 1969), where he was elected Student Body President and elected to Phi Beta Kappa. He is a graduate of the Harvard Law School (J.D., 1972) and was an attorney in private practice before he joined the Court. He has served on the Indiana Supreme Court Committee on Rules of Practice and Procedure (1995-2005), chaired the Appellate Practice Section of the Indiana State Bar Association (1997-1998), and is the judiciary's representative on the Indiana Counter­ Terrorism and Security Council (CTASC). Judge Najam is the author of"Merit Selection in Indiana: The Foundation for a Fair and Impartial Appellate Judiciary" published in 2013 in the Indiana Law Review. Judge Najam is a graduate of the Indiana Graduate Program for Judges, a member of the Maurer School of Law Board of Visitors, a past director and president of the Monroe County YMCA, a past director and chair of the Community Foundation of Bloomington and Monroe County, and an Eagle Scout. Hon. Elizabeth F. Tavitas

Judge, Indiana Court of Appeals, Indianapolis

Elizabeth F. Tavitas was appointed to the Court of Appeals by Governor Eric Holcomb and began her service on Aug. 6, 2018.

Judge Tavitas received her B.A. degree, cum laude, from the University of Notre Dame in 1985, and earned her J.D. degree from Notre Dame Law School in 1990. She was admitted to the Indiana Bar; United States District Court, Northern District of Indiana; and United States District Court, Southern District of Indiana in 1990. She is a 2007 Indiana Judicial College graduate and a graduate of the 2012 Indiana Graduate Program for Judges.

Prior to her appointment to the Court of Appeals, Judge Tavitas served for more than 12 years as Judge of the Superior Court of Lake County, Civil Division.

Judge Tavitas served as a deputy prosecutor in the Lake County Prosecutor's Office; served as a juvenile public defender in the Lake Superior Court, Juvenile Division; and maintained a private practice. In 1998, she was appointed to the position of referee in the Lake Superior Court, Juvenile Division, where she served until 2006. During that time, Judge Tavitas served on the Juvenile Benchbook Committee.

She served as Chair of the NWI Volunteer Lawyers, Inc. from 2007 through 2012, and currently continues to serve as a board member. She previously served as a judicial appointee member of the Indiana Pro Bono Commission from 2007 through 2012. She is a former board member of Indiana Legal Services, Inc. She was elected as a board member of the Notre Dame Law School Association in 2010. She served as a judicial appointee member of the Indiana Supreme Court Domestic Relations Committee from 2012 through 2018 and now serves on the Civil Instructions Committee.

Judge Tavitas is an active member of several national, state, and local bar associations. She has served as a moot court judge for the Notre Dame Law School Trial Advocacy Program, and as a judge for the "We the People" Program sponsored by the Indiana Bar Foundation. She also sponsors Guardian At Litem (GAL) training in order to ensure representation for children in domestic relations cases. She was named Most Influential Woman of Northwest Indiana in the Law in 2015. She is a frequent speaker for lawyers, judges, and court staff trainings throughout Indiana. Her favorite activities include spending time with her three children and her granddaughter. She enjoys reading, Notre Dame football games, traveling, hiking, and the arts. Bryan H. Babb

Bose McKinney & Evans LLP, Indianapolis

Bryan Babb is the chair of the Appellate Services Group, and a member of the Litigation Group, assisting clients with a wide variety of complex commercial appellate and litigation matters. Mr. Babb also is a member of the firm's Diversity Committee. Before joining the firm Mr. Babb served as a judicial law clerk for Indiana Supreme Court Justice Frank Sullivan, Jr. A graduate of the United States Military Academy at West Point (B.S. 1989), Boston University (M.S. 1994), and Indiana University Maurer School of Law - Bloomington (J.D. cum /aude, 1999), Mr. Babb served as editor-in-chief for Volume 74 of the Indiana Law Journal. Prior to attending law school, Mr. Babb served as a captain in the Field Artillery with 1st Armored Division, U.S. Army, Europe. Mr Babb has been the principal author of numerous appellate and amicus briefs in both state and federal appellate courts and has argued before the Indiana Supreme Court, the Indiana Court of Appeals and the U.S. Court of Appeals for the Seventh Circuit . Mr. Babb also has served as an expert witness on the reasonableness of appellate fees, and his work in this regard was discussed by the Indiana Court of Appeals in Knightstown Banner, LLC v. Town of Knightstown, 882 N.E.2d 270 (Ind. Ct. App. 2008). Mr. Babb is one of six attorneys from Indiana who have received membership into the American Academy of Appellate Lawyers. Margaret M. Christensen

Bingham Greenebaum Doll LLP, Indianapolis

Meg concentrates her practice in business litigation, attorney ethics, appeals, construction law and media law. Meg has assisted clients and taken leadership roles in litigation in both federal and state courts in claims involving multi-million dollar contract disputes, shareholder liability, construction defects, real estate transactions, enforcement of employee non-competition provisions, defamation, inter-governmental disputes, and administrative enforcement and licensing. Meg also works with clients to develop business-wise strategies for compliance obligations and managing risk.

Meg was recognized by the Indiana Lawyer Leadership in the Law Awards as an "Up and Coming Lawyer" in 2012. Meg currently sits on the Indianapolis Public Schools budget committee. She is an active member of the Indianapolis Bar Association and served on the Indianapolis Bar Association's Women in the Law Division Executive Committee through 2014 and the Bar Leader Series Steering Committee through 2014. In 2015, she began service on the Bench Bar Planning Team. She is also involved with several community and political organizations and served on the board of directors of Trusted Mentors, Inc., an organization that provides mentoring to individuals at risk of homelessness, from 2007-2013, serving as board chair from 2010-2013.

Some of Meg's more recent presentations and publications include: "Technology and Ethics" (Association of Corporate Counsel, November 7, 2014); "Questions to Ask About Your Estate Plan and Business Succession After Divorce" (Indiana Plumbing-Heating­ Cooling Contractors Association, October 2013; Michael Kohlhaas, co-author); "At the Intersection of Family Law & Estate Planning" (The Indiana Lawyer, November 6, 2013); and "Responsibilities of the ' Off-Duty' Lawyer: Are you playing by the rules?" (AFCC Conference, November 22, 2013).

Meg is proficient in Spanish and served as a member of the United Nations Election Protection Delegation, monitoring the polls in El Salvador's 2004 National Election . Darren A. Craig

Frost Brown Todd LLC, Indianapolis

Darren focuses his practice on resolving business and commercial disputes. Darren represents financial institutions, manufacturers, public utilities, and ot her businesses in a variety of disputes, including breach of contract actions, director and officer liability claims, securities disputes, and disputes relating to trade secrets and covenants not to compete. Darren also serves as loss-prevention counsel to Frost Brown Todd, providing advice on professional responsibility issues. Stephen R. Creason

Office of the Attorney General of Indiana, Indianapolis

Steve Creason is Chief Counsel at the Office of the Indiana Attorney General, as well as Adjunct Professor, IU Robert H. McKinney School of Law. Geoff Davis is a staff attorney in the Division of Supreme Court Services in the Indiana Office of Court Services. His previous employment includes service as a deputy prosecuting attorney and deputy attorney general. He is a member of the Indiana Board of Law Examiners' Committee on Character and Fitness and the Indiana State Bar Association' s Appellate Practice Section and American Citizenship Committee. He is a member of the American Bar Association' s Council of Appellate Staff Attorneys and served on its Executive Committee as a council member. He graduated Phi Beta Kappa from Wabash College and cum laude from Indiana University Robert H. McKinney School of Law. Geoff has participated in multiple ask-a-lawyer programs and has spoken on appellate procedure, other law-related topics, and civics to attorneys, court personnel, students, and newly naturalized American citizens. Kyle C. Gillaspie

Chief Staff Attorney, Indiana Court of Appeals, Indianapolis

Kyle Gillaspie has served as a Staff Attorney for the Court of Appeals of Indiana since November 2007 and became the Chief Staff Attorney in 2014. Previously, Mr. Gillaspie was a Judicial Law Clerk for the Honorable Margret G. Robb. He also practiced employment law in Indianapolis at the law firm of Haskin & LaRue. Mr. Gillaspie graduated from Indiana University and Indiana University School of Law-Indianapolis. Derek R. Molter Partner Indianapolis One American Square Suite 2900 Indianapolis, IN 46282-0200 email [email protected] p 317-236-2193 f 317-592-4897 assistant David Young p 317-236-2157 email [email protected]

Education Undergraduate School Bachelor of Arts in Political Science and Philosophy, Indiana University 2004

Law School Indiana University Maurer School of Law 2007

Admissions State of Indiana Washington, D.C. Supreme Court of the United States United States Court of Appeals - Second Circuit United States Court of Appeals - Third Circuit United States Court of Appeals - Seventh Circuit United States Court of Appeals - Tenth Circuit United States District Court - District of Colorado. United States District Court - District of Columbia United States District Court - Northern District of Indiana United States District Court - Southern District of Indiana United States District Court - Eastern District of

Overview Derek Molter is an appellate litigator who has handled a multitude of appeals in state and federal courts throughout the United States. Those appeals have involved a wide variety of issues, including contract and employment disputes, injury and wrongful death claims, constitutional and statutory interpretation, and regulatory matters. He is active in the appellate bar-including as a the representative for District Number 2 to the Indiana State Bar Association's Appellate Practice Section-and has been engaged to address industry-wide concerns on appeal through amicus curiae briefs. Clients appreciate his candid assessment of cases, thorough preparation, clear and succinct writing style, and creativity with everything from pricing services to developing winning arguments.

Derek also works with litigation teams to preserve issues and best position cases in the event of an appeal. This sometimes includes an analysis of the esoteric aspects of appellate procedure, such as the availability of extraordinary writs. Apart from an appellate focus, Derek has represented individuals and businesses with commercial, products liability, and trade secrets disputes in state and federal trial courts around the country. His clients have included a wide variety of businesses, from small startup companies

© 2019 Ice Miller LLP -Attorney Advertising Material - Prior results do not guarantee similar outcomes. to Fortune 500 companies, in myriad industries, including the alcoholic beverage, agricultural manufacturing, private equity, energy, data analytics, construction, insurance and consumer reviews industries.

Prior to joining Ice Miller, Derek was an attorney in Washington, D.C. at an Am Law 100 firm, where his practice included the representation of a consumer products company in defense against thousands of personal injury cases in state and federal courts following the decertification of a class action. He was also a law clerk for the U.S. House of Representatives Judiciary Committee and for the Honorable Theresa Springmann with the United States District Court for the Northern District of Indiana.

Published In • "Data Breach Standing: U.S. Supreme Court Declines to Revisit Data Breach Injury Debate," Pratt's Privacy & Cybersecurity Law Report, July-August 2019, Vol. 5, No. 6 • "Can the Government Force You to Unlock Your Smartphone?" Bloomberg Law, May 29, 2019 • "Recent Challenges to States' Alcoholic Beverage Regulation," Fall 2015 Agriculture and Food Committee Newsletter, ABA Section of Antitrust Law (Vol. 6/No.1) • "Pleading Affirmative Defenses After Twombly and Iqbal," Circuit Rider (May 2014)

Memberships • American Bar Association • Council for Appellate Lawyers • Indiana State Bar Association • Indianapolis Bar Association • Newton County Bar Association • Seventh Circuit Bar Association

© 2019 Ice Miller LLP - Attorney Advertising Material - Prior results do not guarantee similar outcomes. Karl L. Mulvaney

Bingham Greenebaum Doll LLP, Indianapolis

Karl practices in the areas of appellate, litigation and disciplinary law. He is a 1977 cum laude graduate of the Indiana University Robert H. McKinney School of Law. Mulvaney earned his undergraduate degree from The Ohio State University. He was admitted to the Indiana Bar in 1977 and is a member of the Indianapolis, Indiana State, Seventh Circuit and American Bar Associations. Mulvaney authored the article entitled: "Fundamental Change in Indiana Appellate Procedure or, What Happened To The Motion To Correct Error?" which received Res Gestae's Best Article Award in 1989. In August 2015, Karl was elected President Emeritus of the International Legal Honor Society of Phi Delta Phi. Brian J. Paul

Faegre Baker Daniels LLP, Indianapolis

Brian J. Paul is an experienced and accomplished appellate lawyer. He helps clients navigate the complexity of appellate courts, having briefed and argued everything from weighty abstract constitutional issues to concrete dollars-and-cents commercial issues and any number of issues in -between. His name appears on more than 100 decisions, and he has had a direct hand in scores of others.

Clients He Serves:

Fortune 500 companies Family-owned businesses and individual shareholders State and local governmental entities Electric and gas utilities Nonprofit organizations Trustees, guardians, and estate representatives Employee benefit plans, plan sponsors, and third-party administrators Hospitals and medical practices Doctors and lawyers Trade associations Criminal defendants

Beyond Appellate Law, Brian is also experienced in ERISA and employee benefits litigation, insurance coverage litigation, and complex tort and commercial litigat ion in state and federal courts. Crystal G. Rowe

Kightlinger & Gray, LLP, New Albany

Crystal Rowe spent five years working as a judicial clerk at the Indiana Court of Appeals and another year working as a trial court clerk in Allen County before joining Kightlinger & Gray, LLP. These experiences give her a deep understanding of appellate and trial practice, enabling her to more efficiently assist clients with Appellate, Insurance Coverage and Bad Faith, Professional Liability, and General Insurance Defense matters. Crystal also has experience before the Department of Administration.

Crystal is an active member of several legal and professional organizations. She is presently the Chair of the Indiana State Bar Association's Appellate Section and has held other leadership positions in the Indiana State Bar Association, Floyd County Bar Association, American Bar Association (ABA) Counsel of Appellate Lawyers, Defense Research Institute (DR!), and Defense Trial Counsel of Indiana (DTCI). In 2016, Crystal was appointed to the Supreme Court Committee on Rules of Practice and Procedure-a Committee charged with reporting to the Indiana Supreme Court from time to time with recommendations and proposed amendments to promote simplicity in procedure, just determination of litigation, and elimination of unjustified expense and delay. Crystal was a participant in the Indianapolis Bar Leader Series III and the Appellate Practice Institute. In 2010, 2011, 2013, and 2014, Crystal was selected for inclusion on the Rising Stars list published in Indiana Super Lawyers Magazine. Crystal currently serves as the Chair of the firm's Appellate Practice Group. Peter J. Rusthoven

Barnes & Thornburg LLP, Indianapolis

Peter J. Rusthoven, a partner in the Indianapolis office, has a multi-dimensional practice. His business experience includes transactional and corporate governance work, in areas ranging from manufacturing to publishing to healthcare. He was active in drafting Indiana's corporation statute and official comments and has frequently written and spoken on corporate change-of-control issues. In the governmental services area, he is experienced in gaming and alcoholic beverage licensing and other regulatory and legislative services matters.

Mr. Rusthoven's litigation practice focuses on appellate and trial-level advocacy involving significant legal issues. He had a lead role in briefing the U.S. Supreme Court in the landmark CTS case (upholding the constitutionality of an Indiana change-of­ control law), and represented America's largest insurance associations defending holding-company acts in multi-state litigation. Other examples of his trial and appellate advocacy involve areas as diverse as banking, contract, environmental, labor, and utilities law (including the firm's 1999 Indiana Supreme Court victory in the SBC/Ameritech merger case).

Since 2014, Mr. Rusthoven has been recognized on the Indiana Super Lawyers list for his work in appellate, business/corporate and civil litigation defense law. Mr. Rusthoven has also been selected for inclusion in The Best Lawyers in America, in 2016 he was also named a "Lawyer of the Year" for his work in appellate and gaming law. He has also been recognized in the 2011-2016 editions of Chambers USA: America's Leading Lawyers for Business.

Mr. Rusthoven is a 1973 magna cum laude graduate of Harvard College, where he was elected to Phi Beta Kappa as a junior. He earned his J.D., magna cum laude, in 1976 from Harvard Law School, where he was an editor of the Harvard Law Review. He was associate counsel to the president of the United States from 1981 to 1985 and in 1986 was counsel to the Presidential Commission on the Space Shuttle Challenger Accident. In 1998, he was a candidate for the Republican nomination for U.S. Senator from Indiana. He is a board member of the Educational CHOICE Charitable Trust and regularly appears on television and radio programs on public and political affairs.

Mr. Rusthoven is admitted to practice before the Supreme Court of the United States; the Supreme Court of Indiana; the United States Courts of Appeals for the Federal, Third, Fifth, and Seventh Circuits; and the U.S. District Courts for the Northern and Southern Districts of Indiana. Cara L. Schaefer Wieneke

Wieneke Law Office, LLC, Brooklyn

After graduating from Indiana University, where she majored in Criminal Justice, Cara attended law school at the Indiana University School of Law in Indianapolis. She was a member of the Indiana Law Review, was named to the Order of Barristers in the school­ wide moot court competition, received an award for her dedicated to pro bona service, was included in the Who's Who: American Law Students in 2002, and was president of the Law Students Against Capital Punishment. She graduated summa cum laude in 2003.

As an attorney, Cara served as a judicial law clerk for the Honorable Margret G. Robb on the Court of Appeals of Indiana. After a brief stint at a family law firm, Cara devoted her practice to providing legal representation for criminal defendants at the appellate and post-conviction stages. As a deputy state public defender, she focused exclusively on representing clients during the post-conviction process. After leaving the State Public Defender's Office, Cara opened her own firm. She is currently the managing member of the Wieneke Law Office, LLC, where she handles indigent appellate and post-conviction cases from all over the state.

Cara is admitted to practice law in the State of Indiana, the Northern and Southern Districts of I ndiana, and the Supreme Court of the United States. She is the author of the Sex Offender Pamphlet, a resource on offender registration issues for criminal defense attorneys. She is a life member of the National Association of Criminal Defense Lawyers and Scribes - the American Society of Legal Writers. She has handled over 200 appeals, participated in 15 oral arguments before Indiana's appellate courts, been a presenter at numerous seminars for criminal defense attorneys, and practiced in nearly every county in the state. Prof. Joel M. Schumm

Indiana University Robert H. McKinney School of Law

A magna cum /aude graduate of IU McKinney School of Law, where he served as an articles editor for the Indiana Law Review, Joel Schumm joined the faculty in the fall of 2001. A member of Phi Beta Kappa, Professor Schumm spent the three years after graduation in judicial clerkships, first with the Honorable Theodore R. Boehm of the Indiana Supreme Court and then the Honorable Paul D. Mathias of the Indiana Court of Appeals.

Professor Schumm is actively involved with the bench, the bar, and the legal writing academic community. He directs the law school's Judicial Externship Program, which places approximately eighty students each year with state and federal judges in trial and appellate courts in central Indiana and beyond. He is frequently quoted as an expert by newspaper, television, and radio media as well as offering commentary on the widely read Indiana Law Blog on topics related to criminal law, juvenile justice, and the Indiana judiciary. He serves as co -chair of the Indiana State Bar Association's Written Publications Committee and writes a bi-monthly column for the state bar journal, Res Gestae . Professor Schumm has served on the faculty of more than fifty continuing legal education seminars sponsored by bar associations, the Indiana Public Defender Council, and other organizations. He is also a frequent presenter at regional and national legal writing conferences throughout the United States. In 2012 Professor Schumm was selected by the Judicial Nominating Commission as one of five semi­ finalists described by Chief Justice Dickson as "outstanding and extremely well ­ qualified" for a vacancy on the Indiana Court of Appeals.

Professor Schumm's research and writing areas include criminal law and procedure, and he has authored the annual survey article on that topic in the Indiana Law Review since 1997. From 2005 to 2007 he served as the Indiana team leader for the American Bar Association's assessment of the death penalty, which issued a 400-page report. He authored a criminal appellate practice manual for Indiana lawyers published by the Indiana Public Defender Council in 2008. He has also served as the reporter for national projects including the Problem-Solving Courts Task Force of the National Association of Criminal Defense Lawyers (NACDL) in 2009 and "Padilla and Future of the Defense Function" in 2011. Professor Schumm is listed as one of the "Best Lawyers in America" for Appellate Practice, one of only 27 Indiana attorneys to hold that distinction. He has represented more than 120 indigent clients on appeal, either individually or as part of the Appellate Clinic, which he created at the law school in 2008. Students working under his supervision have successfully briefed and argued cases in both the Indiana Court of Appeals and Indiana Supreme Court, including Tharp v. State, 942 N.E.2d 814 (Ind. 2011) (finding insufficient evidence for invasion of privacy); Graham v. State, 903 N.E.2d 963 (Ind. 2009) (finding insufficient evidence for resisting law enforcement); Yanez v. State, 963 N.E.2d 530 (Ind. Ct. App. 2012) (finding "absolutely no evidence of a concern or suspicion that a violation of law had occurred" in reversing the police stopping a man at a flea market); Kribs v. State, 917 N.E.2d 1249 (Ind. Ct. App. 2009) (finding insufficient evidence of entering a controlled airport with a weapon).

Professor Schumm's own appellate work has included work on landmark sentencing cases, including Anglemyer v. State, 868 N.E.2d 482 (Ind. 2007), which has been cited more than 4,000 times and established appellate review procedures for amended sentencing statutes, as well as amicus work in Akard v . State, 937 N.E.2d 811 (Ind. 2010) (vacating the Court of Appeals' sua sponte increase of a sentence on appeal); Malenchik v. State, 928 N.E.2d 564 (Ind. 2010) (discussing propriety of scoring models in sentencing hearings); Childress v. State, 848 N.E.2d 1073 (Ind. 2006) (holding that defendants may appeal any sentence in which the trial court exercises discretion); Smylie v. State, 823 N.E.2d 679 (Ind. 2005) (declaring Indiana's sentence statutes unconstitutional under Blakely v. Washington ). Professor Schumm also filed an amicus brief in support of rehearing on behalf of a bipartisan group of 71 legislators in Barnes v. State, 953 N.E.2d 473 (Ind. 2011).

Professor Schumm has also successfully represented clients on a wide variety of other claims. See, e.g., In re Termination of I.B., 933 N.E.2d 1264 (Ind. 2010) (recognizing a right to appointed counsel in termination of parental rights' appeals); Brown v . State, 868 N.E.2d 464 (Ind. 2007) (holding the criminal confinement statute unconstitutionally vague and finding insufficient evidence of identity deception); Grier v. State , 868 N.E.2d 443 (Ind. 2007) (finding use of police chokeholds on suspects unconstitutional) ; M.T. v. State, 928 N.E.2d 266 (Ind. Ct. App. 2010) (finding Due Process violation in modification of juvenile placement); K.F. v. St. Vincent's Hosp. & Health Care Ctr. , 909 N.E.2d 1063 (Ind. Ct. App. 2009) (finding insufficient evidence of grave disability to support an involuntary civil commitment); L.H. v. State, 878 N.E.2d 425 (Ind. Ct. App. 2007) (reversing juvenile adjudications because the court erred in incorporating testimony from a child hearsay hearing into the fact-finding hearing); McVey v. State , 863 N.E.2d 434 (Ind. Ct. App. 2007) (finding several probation conditions impermissibly vague); Johnson v. State, 856 N.E.2d 706 (Ind. Ct. App. 2005) (finding no reasonable suspicion for a traffic stop); King v. State, 844 N.E.2d 92 (Ind. Ct. App. 2005) (holding trial court erred in failing to suppress defendant's statement to police); Williams v. State, 819 N.E.2d 381 (Ind. Ct. App. 2004) (concluding alleged victim's prescription drug records were discoverable); M.C. v. State, 817 N.E.2d 606 (Ind. Ct. App. 2004) (reversing restitution order); A.H . v. State, 794 N.E.2d 1147 (Ind. Ct. App. 2003) (finding insufficient evidence of possession of a destructive device). Jonathan B. Warner,

Judicial Clerk, Indiana Court of Appeals, Indianapolis

Jon Warner is Judicial Clerk for The Honorable Edward W. Najam, Jr., Indiana Court of Appeals as well as an Adjunct Professor, IU Robert H. McKinney School of Law.

Professor Warner is a Lecturer in the Legal Analysis, Research, and Communication (LARC) department, which he join in the Spring of 2011. Professor Warner teaches the first-year required LARC course. He has also taught a course in Advanced persuasive Writing and Oral Advocacy. He is currently the faculty advisor to the Moot Court Board in its administration of the Honorable Robert H. Staton intramural Moot Court Competition.

Professor Warner is also the Senior Deputy Clerk to the Honorable Edward W. Najam, Jr. on the Indiana Court of Appeals, a position he has held since he graduated from the Indiana University-Maurer School of Law in 2006. He is a member of the Indianapolis Bar Association and the Legal Writing Institute. He has written about effective appellate writing strategies, and he has presented on the same topic to other members of the Indiana Bar. Section One

Writing Effective Appellate Briefs ...... Hon. Cale J. Bradford Jonathan B. Warner Crystal G. Rowe

Appellate Practice Tips and Qualities of a Great Brief

Power Point Presentation - Critical Considerations for Presenting Issues on Appeal

Words Matter- Tips for Writing Clearly and for a Screen-Reading Audience

1. Concision is Persuasive

2. Citations Affect Your Credibility

3. All of This is Even More True for an Audience of Screen Readers

4. For Screen Readers, an Attractive Document says a lot About it's Author

5. Remember, as Bryan Garner says, "[G]ood Writing Makes the Reader's Job Easy; Bad Writing Makes it Hard

Brief Drafting Tips

I. Issues

II. Facts

III. Law/Argument

1 Section Two

Oral Advocacy ...... Chief Justice Loretta H. Rush Chief Judge Nancy H. Vaidik, Moderator Hon. Robert R. Altice, Jr. Margaret M. Christensen Peter J. Rusthoven Prof. Joel M. Schumm Cara L. Schaefer Wieneke

The King v. Humpty Dumpty Fact Scenario

11 Section Three

Criminal Appellate Issues ...... Hon. Elizabeth F. Tavitas Stephen R. Creason Cara L. Schaefer Wieneke

Appeals After a Trial

Appeals After a Guilty Plea

Sentencing Claims

Ineffective Assistance of Counsel

Juvenile Delinquency

111 Section Four

Motions Practice in the Court of Appeals ...... Derek R. Molter Kyle C. Gillaspie

I. Motion Practice Generally ...... 1

II. The Clerk's Office and Notices of Defect ...... 1

III. Chief Judge Motions ...... 2

IV. Motions Panel ...... 2

V. Ruling on Motions After a Case is Fully Briefed ...... 3

IV Section Five

Ethical Considerations in Appellate Practice ...... Justice Steven H. David Bryan H. Babb Darren A. Craig

I. E-filing Ethics ...... 3

A. Client signatures ...... 3

B. Delegation of e-signing to staff...... 4

C. Protecting confidential client information ...... 4

D. Failure to see or inadvertent deletion of e-filed orders and pleadings ...... 5

IL Appellate Amie us Curiae Ethics ...... 8

III. Conflict in Appellate Practice ...... 11

A. Positional Conflicts ...... 11

B. Prior Work Conflicts ...... 16

IV. Independent Research/ Judicial Notice at Appellate Stage ...... 19

V. Appellate Civility ...... 25

V Section Six

Major Considerations When Taking an Appeal ...... Nana Quay-Smith Margaret M. Christensen Karl L. Mulvaney

I. PRELIMINARY CONSIDERATIONS ...... 1 A. Economic ...... 1 1. Is There Money To Fnnd The Appeal? ...... 1 2. Ability To Obtain A Stay Of The Judgment ...... ! B. Client Issues ...... 2 1. Ramifications Of A Published Opinion ...... 2 2. Potential Cross Appeal ...... 2 3. Timing Of The Appeal ...... 3 4. Effect Oflnterlocutory Rulings, Arguments, And Testimony ...... 4 5. Relief Available ...... 4 C. Attorney Issues ...... 6 1. Positional Conflicts ...... 6 2. Damages For Frivolous Appeals ...... 6 3. Client-Attorney Relations ...... 6 4. Should New Connsel Handle the Appeal? ...... 7

II. IS THE ERROR PRESERVED? ...... 8 A. What Is The "Record On Appeal"? ...... 8 B. Three Steps Necessary To Preserve Any Error ...... 9 C. Applying Those Steps To Various Points In The Litigation ...... 10 1. Theories And Issues Should Be Formed As Soon As Possible ...... 10 2. Preservation Of Error In Pre-Trial Proceedings ...... 10 3. Preservation Of Error At Trial ...... 16 4. Jury Instructions ...... 24 5. Verdict Forms ...... 27 6. A Final Appealable Order Is A Prerequisite To An Appeal ...... 28 7. Preserving Error In Post-Conviction Proceedings ...... 29 8. Observe Time Limitations To Challenge The Judgment...... 29 D. Waiver On Appeal ...... 30 E. Checklist of Common Pitfalls To Avoid ...... 31

III. APPLICABLE STANDARDS OF REVIEW ...... 32

VI A. CIVIL APPEALS ...... 32 1. Abuse OfDiscretion ...... 32 2. Clearly Erroneous ...... 34 3. Sufficiency oftbe Evidence ...... 34 4. De Novo Review ...... 35 F. CRIMINAL APPEALS ...... 35 1. Abuse OfDiscretion ...... 35 2. Clearly Erroneous ...... 36 3. Sufficiency of the Evidence ...... 36

Vil Section Seven

Motions Practice Interlocutory Appeals ...... Hon. Edward W. Najam, Jr. Brian J. Paul Kyle C. Gillaspie

I. Introduction ...... 4

II. Interlocutory Appeals as ofRight ...... 5

Appellate Rule l 4(A) (I) through (A) (9) ...... 5

A. For the Payment of Money ...... 5

B. To Compel the Execution of any Document...... 6

C. To Compel the Delivery or Assignment of any Securities, Evidence of Debt, Documents or Things in Action ...... 7

D. For the Sale or Delivery of the Possession of Real Property ...... 7

E. Granting or Refusing to Grant or Dissolving or Refusing to Dissolve a Preliminary Injunction ...... 8

F. Appointing or Refusing to Appoint a Receiver, or Revoking or Refusing to Revoke the Appointment of a Receiver ...... 10

G. For a Writ of Habeas Corpus not Otherwise Authorized to be Taken Directly to the Supreme Court ...... 11

H. Transferring or Refusing to Transfer a Case Under Trial Rule 75 ...... 12

I. Issued by an Administrative Agency that by Statute is Expressly Required to be Appealed as a Mandatory Interlocutory Appeal ...... 13

J. No Waiver ...... 14

III. Discretionary Interlocutory Appeals ...... 15

A. Certification by Trial Court ...... 15

I. Time for Filing Motion ...... 15

2. Content ofMotion ...... 18

3. Grounds for Granting Interlocutory Appeal ...... 18

vm 4. Response to Motion ...... 19

5. Ruling on Motion by Trial Court ...... 19

B. Acceptance in Court of Appeals ...... I 9

1. Time for Filing Motion ...... 20

2. Content ofMotion ...... 20

3. Submissions with Motion ...... 21

4. Response to Motion ...... 21

C. Filing of Notice of Appeal ...... 22

D. Examples ...... 22

IV. Certification of Questions of State Law from Federal Courts ...... 25

V. Discretion to Decide Case on Merits ...... 26

VI. Class Action Certification ...... 27

VII. Statutory Interlocutory Appeals ...... 30

VIII. Clerk's Record and Transcript ...... 30

IX. Briefing ...... 32

X. Shortening or Extending Time ...... 33

XI. Stay of Trial Court Proceedings ...... 34

XII. Conclusion ...... 35

Appendix ...... 37

IX Section Eight

Supreme Court Practice ...... Justice Geoffrey G. Slaughter Justice Christopher M. Goff Maggie L. Smith Prof. Joel M. Schumm Geoff Davis

Original Actions: Writs of Mandamus and Writs of Prohibition in the Indiana Supreme Court

Original Actions ...... 2

A. Scope and Purpose ...... 2

B. Parties ...... 2

C. Submission of Application Papers ...... 3

D. Filing Fee ...... 4

E. Contact Information ...... 4

F. Petition ...... 4

G. Brief ...... 5

H. Record ...... 5

I. Notice ofHearing ...... 6

J. Writ Forms ...... 6

K. Preliminary Review by Chief Justice ...... 7

L. Hearing ...... 7

M. Preliminary Response ...... 8

N. Consideration and Disposition ...... 8

Checklist for Original Actions ...... 11

PowerPoint Presentation

X Public Defender Council Appellate Manual - Section V After the Appellate Opinion is Issued

Transfer Stats

Xl