Courts

COA reverses predator's lifetime registration

January 1, 2007
Jennifer Nelson
The Court of Appeals upheld a defendant's convictions and sentence for multiple sexual offenses but reversed the trial court's determination he is a sexually violent predator requiring lifetime registration, citing the statute that was in place during the time the crime happened should dictate the defendant's predator status. In Anthony Thompson v. State of Indiana, 03A01-0610-CR-430, Thompson appealed his convictions and sentence of 63 years for sexual offenses against the victim, as well as his status as a lifetime sexually violent predator....
More

Judge: arresting authority gone without oath

January 1, 2007
Michael Hoskins
The Marion County Prosecutor's Office and Indiana Attorney General's Office plan to appeal a judge's ruling Tuesday that held Indianapolis officers don't have arresting authority because they didn't retain their sworn status following a police merger at the start of the year.Marion Superior Judge Rueben Hill decided that the January drunk driving arrest of Cheryl Oddi-Smith was illegal because the arresting officer was not sworn in after the Jan. 1 merger between the Marion County Sheriff's Department and the Indianapolis Police...
More

Court rules nurse pay plan proper

January 1, 2007
Jennifer Nelson
The Court of Appeals ruled today Indiana's restructured pay plan for nurses was rational and proper, reversing the judgment of the trial court. In Madison State Hospital, Indiana Family & Social Services Administration, and State Personnel Department V. Karen L. Ferguson, 09A04-0703-CV-259, the Court of Appeals reversed the trial court's award of relief to Karen Ferguson. Ferguson, a Nurse Supervisor 5 at Madison State Hospital, and six other nurse supervisors, filed separate complaints with the State Employee Appeals Commission, arguing the 2000...
More

IJA elects new president

January 1, 2007
Jennifer Nelson
Allen Circuit Court Judge Thomas J. Felts was elected president of the Indiana Judges Association earlier this month. Judge Felts, along with Chief Justice Randall T. Shepard, will serve as spokespersons for Indiana's judges. Judge Felts' goals for his term include continuing the association's efforts to modify and upgrade the judicial pension and benefits by aligning the 1977 and 1985 judicial pension plans and including magistrates under the plan. Currently, magistrates receive benefits separately through the Public Employees Retirement Fund. Legislative...
More

High court revises burglary sentence

January 1, 2007
Jennifer Nelson
The Indiana Supreme Court reduced a burglar's sentence, finding his crime didn't justify the 40-year sentence imposed by the trial court. At issue in Steven Hollin v. State of Indiana, No. 69S01-0705-CR-188, is whether the trial court properly sentenced Hollin for his conviction of conspiracy to commit burglary and being a habitual offender.Hollin and a friend knocked on doors in Ripley County to determine if residents were home. If the home appeared empty, they planned to rob the house. Hollin and...
More

COA affirms Vectren, Citizens lack of standing

January 1, 2007
Jennifer Nelson
The Indiana Court of Appeals affirmed the dismissal of a breach-of-contract complaint filed by Vectren Energy and Citizens By-products Coal Co. against Executive Risk Specialty Insurance, finding the two companies never had standing to file the complaint because they are trying to fix alleged wrongdoings done to another company, rather than themselves.In Vectren Energy Marketing & Service, Inc., et al. v. Executive Risk Specialty Insurance Co., ProLiance Energy, LLC, et al., 82A05-0702-CV-115, Vectren and Citizens appealed the trial court's order granting Executive...
More

Senate confirms Von Bokkelen for U.S. District judgeship

January 1, 2007
Michael Hoskins
A federal prosecutor in northern Indiana will be the newest member of the U.S. District Court for the Northern District in Hammond.The full U.S. Senate unanimously confirmed U.S. Attorney Joseph Van Bokkelen's appointment Thursday, meaning he will succeed retiring Judge Rudy Lozano who is taking senior status.President George W. Bush, who nominated the veteran trial lawyer, still needs to sign Van Bokkelen's appointment, which he could do after Judge Lozano steps down after July 10. Van Bokkelen would be sworn in...
More

Court: Blakely not retroactive for PCR 2 belated appeals

January 1, 2007
Michael Hoskins
The Indiana Supreme Court today added fuel to the fiery question of how retroactive a landmark 2004 ruling is from the Supreme Court of the United States.Justices unanimously agreed in four cases - three of which were combined into oral arguments in March - and decided that belated appeals of sentences entered before a new constitutional rule goes into effect are not governed by that new rule.While Post Conviction Rule 2 permits belated appeals of criminal convictions and sentences under some...
More

Appellate courts improving webcast functions

January 1, 2007
Michael Hoskins
After six years on the air, Indiana's appellate courts are updating their webcast equipment to help attorneys and the public watch arguments online.When arguments start again later this month, the courts plan to stream arguments with both Windows Media and Real Player - only the latter is currently available. Officials note that a worn-out VHS player with a DVD recorder (used primarily to make copies for attorneys) will have new tilting software.The court also added a new full-time employee July 13...
More

Court rules on bank interpleader case

January 1, 2007
Michael Hoskins
The Indiana Supreme Court has issued a decision on how a state statute governs recovery when a financial institution interpleads and pays into court-deposited funds that are subject to an adverse claim.A unanimous opinion came Wednesday in Porter Development, LLC v. First National Bank of Valparaiso, No.64S04-0606-CV-236, stemming from a Porter Superior case involving the bank and the development company.First National initiated the action as an interpleader, alleging it was the holder of a $100,000 certificate of deposit owned by Porter...
More

DOJ files discrimination suit against Indianapolis

January 1, 2007
Michael Hoskins
The United States Department of Justice is suing Indianapolis based on allegations that the city discriminated against eight white police officers in denying them promotions.The complaint, United State of America v. City of Indianapolis, was filed in the U.S. District Court's Southern District in Indianapolis Wednesday and alleges that white female officers and black male officers on promotion eligibility lists were promoted in 2005 before other officers ranked higher. Officers alleging discrimination are Scott A. Hessong, Benjamin D. Hunter, Brandon C....
More

COA finds attorney in contempt

January 1, 2007
Jennifer Nelson
The Indiana Court of Appeals issued an order Friday holding an attorney in contempt. The order came about because of questionable conduct by the court-appointed attorney. At a hearing Nov. 14, the attorney, Allen C. Mattson, admitted the allegations against him were true.Mattson was appointed to represent Michael A. Quillen in Blackford Circuit Court. Mattson was also appointed as appellate counsel for Quillen. From March 14 through July 30, 2007, Mattson filed two motions for extensions, a plea for extension of time...
More

Supreme Court rules on med mal fees

January 1, 2007
Michael Hoskins
Medical malpractice attorneys are sighing in relief after a much-anticipated ruling by the Indiana Supreme Court this afternoon.Justices granted transfer and issued a per curiam opinion this afternoon on a case that had the potential to dramatically change how med mal attorneys recover fees in these types of cases.But instead of altering that, the unanimous ruling stipulates that the fee structure often used by these med mal attorneys can stand, and the court offers guidance for attorneys seeking to ensure fee...
More

Lake County judge dies unexpectedly

January 1, 2007
Michael Hoskins
A Lake County judge was found dead in his home Tuesday after not showing up for morning hearings.Superior Judge Robert A. Pete, 54, apparently died of natural causes, coroner's officials told a local newspaper, and the local legal community was reeling from his unexpected death. A bailiff went to the judge's home after he didn't arrive in court or notify staff about his absence.Judge Pete was appointed to the Superior Court's Civil Division 5 courtroom in Hammond in 2001 and faced...
More

Court upholds drunk ATV driver ruling

January 1, 2007
Jennifer Nelson
A driver of an ATV shouldn't be prosecuted for driving under the influence on his own property because charges were brought under the wrong statute, the Indiana Court of Appeals ruled today.In State of Indiana v. Adam L. Manuwal, No. 50A05-0703-CR-182, the state charged Manuwal with OWI with an alcohol concentration equivalent of at least .15 after he had crashed an ATV he was operating on his own property. Manuwal was injured as a result of the accident and while at...
More

Home day care presents first-impression

January 1, 2007
Jennifer Nelson
The Court of Appeals ruled on a case of first impression involving whether a licensed child care facility constitutes residential or commercial use of the owner's residence. In Jeannie Lewis-Levett v. Richard D. Day and Martha A. Day, 50A03-0705-CV-199, Lewis-Levett appealed the trial court's summary judgment ruling in favor of the Days. As owners and operators of Golfview Estates, the Days recorded covenants applicable to the lots there, which prevents buildings in the neighborhood being used for "any trade, business, manufacture or...
More

Pleas as mitigating circumstance allowed

January 1, 2007
Jennifer Nelson
The Indiana Supreme Court granted rehearing in a case to clarify that defendants who plead guilty do not give up the opportunity to claim on appeal that the trial court should have considered the guilty plea a mitigating circumstance, even if defendants fail to bring up this claim during sentencing. Alexander Anglemyer sought rehearing following the Supreme Court's decision Alexander J. Anglemyer v. State of Indiana, 43S05-0606-CR-230, affirming his sentences for robbery and battery. Anglemyer was charged with robbery as a Class...
More

Court rules counsel was ineffective

January 1, 2007
Michael Hoskins
A criminal defense attorney's failure to severe four burglary cases fell below an objective standard of reasonableness and prejudiced his client, the Indiana Court of Appeals ruled today.In Darrel M. Maymon v. State of Indiana, No. 48A02-0611-PC-1060, the appellate court reversed a ruling by Madison Superior Judge Thomas Newman in denying relief on a claim of ineffective assistance of counsel at the post-conviction stage.That trial defense attorney is not named in today's opinion, but the defendant-appellant contended that his trial counsel...
More

Court explores definition of tobacco manufacturing

January 1, 2007
Michael Hoskins
  The Indiana Court of Appeals today delved into what it means to manufacture cigarettes under state law.A unanimous 30-page decision came in Steve Carter in his role as Attorney General v. Carolina Tobacco Company, Inc. http://www.in.gov/judiciary/opinions/pdf/09170702jgb.pdf,No. 49A04-0503-CV-151, affirming a lower court decision that the state attorney general's office improperly refused to include an Indiana tobacco company in a yearly directory of manufacturers allowed to sell cigarettes in the state.The Marion County suit involves the "Roger" brand of cigarettes that began...
More

SCOTUS sets Indiana voter ID arguments

January 1, 2007
Michael Hoskins
The Supreme Court of the United States will consider the constitutionality of Indiana's voter identification law in early 2008.A calendar published this morning puts the consolidated Hoosier cases on the high court's docket for 10 a.m., Jan. 9. The cases are Crawford v. Marion County Election Board (07-21) and Indiana Democratic Party v. Rokita (07-25).Both challenge the law that took effect July 2005. The 7th Circuit had previously affirmed a District judge's ruling that the law wasn't unconstitutional. Rep. William Crawford,...
More

Justices grant 2 transfers

January 1, 2007
Michael Hoskins
The Indiana Supreme Court granted two transfers this week:One case involves the probation revocation that followed a man's questionable communications with minor children he wasn't supposed to be around. The other involves a question of which "home state" child custody and visitation issues should be heard based on federal and state statutes.In Theron W. Hunter v. State of Indiana, No. 69A01-0702-CR-061, the court will take up an issue addressed in an unpublished memorandum decision from the Court of Appeals in June. The...
More

SCOTUS to hear money-laundering case

January 1, 2007
Michael Hoskins
The Supreme Court of the United States today agreed to take a case out of East Chicago in order to clarify the definition of money laundering.Federal circuit courts, including the 7th Circuit in Chicago, do not agree on an exact definition and have disagreed about whether it ;s considered money laundering to pay for the operation of a criminal enterprise with the profits of that illegal business. The nation ;s high court will determine whether the ban on the use of...
More

Court affirms denial of new murder trial

January 1, 2007
Michael Hoskins
Just because a public defender paralegal chats with a deputy prosecutor before a hearing, it doesn't mean attorney-client privilege is being violated, the Indiana Court of Appeals has determined.A unanimous ruling today in Mustafa Nur v. State of Indiana http://www.in.gov/judiciary/opinions/pdf/06060701tac.pdf, 49A02-0606-CR-486 broaches that topic. Nur appealed the denial of his motion for a new murder trial in Marion Superior Court. He argued the trial court erred by not providing an interpreter and also for allowing the deputy prosecutor to speak at...
More

Justices deny request for additional proceedings in case

January 1, 2007
Michael Hoskins
The Indiana Supreme Court has denied a request for successive post-conviction proceedings involving a man convicted of stabbing an elderly DeKalb County man more than two dozen times during a robbery in 1984.Issued Monday afternoon, the seven-page unanimous order states that David Leon Woods did not meet his burden of establishing a reasonable probability that he ;s entitled to relief based on claims he is mentally retarded and had a disagreement with his attorneys about strategy.A Boone County jury convicted Woods...
More

Senate confirms Tinder for 7th Circuit

January 1, 2007
Michael Hoskins
The U.S. Senate voted late Tuesday to confirm U.S. Judge John D. Tinder to the 7th Circuit Court of Appeals, meaning he's the first Hoosier jurist appointed to the federal appellate court in two decades.Senators voted unanimously 93-0 in favor of Judge Tinder's appointment shortly after 11 p.m. Tuesday, after a day of voting on federal spending, alternative tax, and debate on various other issues. Seven senators didn't vote and he gained support from everyone else, including both Indiana senators -...
More
Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Bill Satterlee is, indeed, a true jazz aficionado. Part of my legal career was spent as an associate attorney with Hoeppner, Wagner & Evans in Valparaiso. Bill was instrumental (no pun intended) in introducing me to jazz music, thereby fostering my love for this genre. We would, occasionally, travel to Chicago on weekends and sit in on some outstanding jazz sessions at Andy's on Hubbard Street. Had it not been for Bill's love of jazz music, I never would have had the good fortune of hearing it played live at Andy's. And, most likely, I might never have begun listening to it as much as I do. Thanks, Bill.

  2. The child support award is many times what the custodial parent earns, and exceeds the actual costs of providing for the children's needs. My fiance and I have agreed that if we divorce, that the children will be provided for using a shared checking account like this one(http://www.mediate.com/articles/if_they_can_do_parenting_plans.cfm) to avoid the hidden alimony in Indiana's child support guidelines.

  3. Fiat justitia ruat caelum is a Latin legal phrase, meaning "Let justice be done though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.

  4. Indiana up holds this behavior. the state police know they got it made.

  5. Additional Points: -Civility in the profession: Treating others with respect will not only move others to respect you, it will show a shared respect for the legal system we are all sworn to protect. When attorneys engage in unnecessary personal attacks, they lose the respect and favor of judges, jurors, the person being attacked, and others witnessing or reading the communication. It's not always easy to put anger aside, but if you don't, you will lose respect, credibility, cases, clients & jobs or job opportunities. -Read Rule 22 of the Admission & Discipline Rules. Capture that spirit and apply those principles in your daily work. -Strive to represent clients in a manner that communicates the importance you place on the legal matter you're privileged to handle for them. -There are good lawyers of all ages, but no one is perfect. Older lawyers can learn valuable skills from younger lawyers who tend to be more adept with new technologies that can improve work quality and speed. Older lawyers have already tackled more legal issues and worked through more of the problems encountered when representing clients on various types of legal matters. If there's mutual respect and a willingness to learn from each other, it will help make both attorneys better lawyers. -Erosion of the public trust in lawyers wears down public confidence in the rule of law. Always keep your duty to the profession in mind. -You can learn so much by asking questions & actively listening to instructions and advice from more experienced attorneys, regardless of how many years or decades you've each practiced law. Don't miss out on that chance.

ADVERTISEMENT