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Dec. 16 CLE: Getting Down to Business: When the Business Owner Divorces

A business owner going through a divorce faces a variety of concerns. The Indiana Lawyer's "Practicing Law in Indiana: Family Law CLE" will address issues including valuation of interest in a closely held business, calculating income for child support purposes, the relevance of buy/sell agreements, and restrictive transfer provisions, income taxes, and the transfer of ownership from one spouse to another. A primer will address business organization and entity characteristics. The seminar will conclude with a discussion about the rules of conduct specific for divorce attorneys.

The three-hour CLE, which includes one hour of ethics credit,  will run from 1 to 4:15 p.m. on Dec. 16 at the downtown Indianapolis office of Bingham Greenebaum Doll. Event-day registration begins at 12:30 p.m. Cost to attend the CLE program is $109. To learn more about the program and presenters, and to register, visit www.theindianalawyer.com/events. Contact Karen Aruta at 317-472-5201 or [email protected] for additional information.

 

Opinions Dec. 4, 2014 ILD

Indiana Court of Appeals
Larry L. Haines v. State of Indiana (NFP)
20A05-1405-CR-210
Criminal.  Affirms sentence for Class A felonies burglary and attempted arson, and Class C felonies intimidation and battery.

Treni M. Gorman, Jr. a/k/a Tremi M. Gorman, Jr. v. State of Indiana (NFP)
29A02-1310-CR-863
Criminal. Affirms denial of request for discharge under Indiana Rule of Criminal Procedure 4(B).

Jason L. Swope v. State of Indiana (NFP)
12A02-1403-CR-155
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture a controlled substance.

Gina Vrankin v. Titan Vrankin (NFP)
45A03-1403-DR-99
Domestic relation. Affirms award of $500 in attorney fees to Gina Vrankin.

Brice Tyshan Holden v. State of Indiana (NFP)
84A01-1404-CR-179
Criminal. Affirms Class D felony intimidation conviction.

7th Circuit Court of Appeals
The 7th Circuit Court of Appeals issued a correction to its Oct. 6 decision in In Re: Robert Lodhotz, et al., 14-8015. The final paragraph of the opinion is changed to “The judgment is reversed and the case remanded to the district court.”
 

Opinions Dec. 4, 2014

Indiana Supreme Court
In Re: The Carroll County 2013 Tax Sale: Twin Lakes Regional Sewer District v. Richard C. Ray and Patricia A. Alford, et al.
08S04-1402-MI-97
Miscellaneous. The lien foreclosure prohibition of Indiana Code 13-26-14-4, governing the collection of regional sewer district sewer liens, does not apply to collection by tax sale. Here, because the sewer district employed the tax sale method and did not seek collection of the appellees' unpaid sewer bills and penalties through the lien foreclosure method, the lien foreclosure prohibition clause does not apply. The judgment of the trial court removing the Ray and Alford properties from the tax sale list is reversed, and this cause is remanded for further proceedings consistent with this opinion.

Court erred in affirming decision new seawall must be removed

The Indiana Court of Appeals has reversed the portion of a trial court’s order that affirmed the decision by a board of zoning appeals denying a company’s request for a variance which allowed its newly completed seawall to remain intact. The judges found Caddyshack Looper LLC demonstrated that strict application of the setback requirement will result in practical difficulties.

COA orders man’s birth certificate change to reflect gender

The birth certificate of a person who was born a woman but now identifies as a man and has undergone extensive medical treatment for gender transition should be changed to show he is male, the Indiana Court of Appeals ruled Thursday.

Questions exist as to whether teen furnished alcohol to other teens

The Indiana Court of Appeals reversed summary judgment in favor of a Pittsboro man in a lawsuit alleging he was liable for the death of friend because he furnished alcohol at a party. The friend died in a car accident while riding with another teen who had consumed alcohol at the party.

Opinions Dec. 3, 2014

Indiana Court of Appeals
S.L. v. State of Indiana (NFP)
49A02-1406-JV-377
Juvenile. Affirms adjudication as a delinquent child for committing what would be Class C felony child molesting if committed by an adult.

 

Conour appeal focuses on defense withdrawal, sentencing terms

Convicted fraudster and ex-attorney William Conour’s appeal of his conviction and 10-year sentence on a federal wire fraud charge argues the court failed to investigate his defense counsel’s withdrawal. His appeal also claims that the court wrongly imposed “suspicionless” searches and other conditions of supervised release following his imprisonment.

Bennett probe called for prosecution

A months-long investigation into former State Superintendent of Public Instruction Tony Bennett's use of state staff and resources during his 2012 re-election campaign found ample evidence to support federal wire fraud charges, according to a copy of the 95-page report viewed by The Associated Press.

Opinions Dec. 2, 2014 ILD

Indiana Court of Appeals
Richard Ray v. Twin Lakes Regional Sewer District (NFP)
08A02-1405-PL-380
Civil plenary. Affirms judgment in favor of Twin Lakes.

Cindy A. Hylman v. State of Indiana (NFP)
84A04-1406-CR-245
Criminal. Affirms convictions of Class B felony dealing in methamphetamine and Class D felony maintaining a common nuisance.

Roy E. Disney v. State of Indiana (NFP)
27A02-1403-CR-178
Criminal. Affirms trial court denial of his “verified order to be released without parole after completed term of imprisonment.”

In the Matter of the Termination of the Parent-Child Relationship of: K.P., Minor Child, and K.P., Father v. The Indiana Department of Child Services (NFP)
10A01-1402-JT-73
Juvenile. Affirms termination of parental rights.

Cyndi L. Turnpaugh v. Douglas W. Turnpaugh (NFP)
92A04-1404-DR-170
Domestic relation. Affirms denial of Cyndi Turnpaugh’s motion for relief from judgment allowing Douglas Turnpaugh therapeutic visitation with their children.

 

Opinions Dec. 2, 2014

7th Circuit Court of Appeals
Emily Herx v. Diocese of Fort Wayne – South Bend, Inc. and St. Vincent de Paul School
14-3057
U.S. District Court, Northern District of Indiana, Fort Wayne Division.
Judge Robert Miller Jr.
Civil. Grants Emily Herx’s motion to dismiss for lack of appellate jurisdiction. Rejects the argument from the diocese for a collateral-order review, finding the church’s interest will not be irreparably harmed by waiting for the District Court to issue a final judgment.

Free lecture concludes IU Maurer’s ‘Brown at 60’ series

Award-winning author and DePauw University professor emeritus of history John Dittmer will deliver the final lecture in Indiana University Maurer School of Law’s “Brown at 60” series Dec. 3 at noon. The lecture is free and open to the public in the law school’s moot court room.