Justices grant transfer in one case, deny 23 others
Indiana Supreme Court justices rejected nearly all the cases brought before the high court last week on petition to transfer, granting one case and dividing on two others.
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Reversal: Sporting goods store not liable in angry woman’s shooting of boyfriend
A man who brought negligence claims against a sporting goods store that he alleged unlawfully sold a firearm to his girlfriend, who later shot him with it, cannot continue with his complaint after the Indiana Court of Appeals found the store was immune from liability.
Supreme Court: Summarily approved commitment orders not valid
The Indiana Supreme Court has expressly disapproved of a Marion County judge’s practice of summarily approving civil commitment orders individually reviewed by the presiding commissioner, though the justices also noted that the fact that the defendants' commitment orders have expired makes their appeals moot.
Woman pleads guilty to role in killings tied to Prada purse
A Fort Wayne woman has pleaded guilty to her role in a double-slaying that occurred during an attempt to retrieve a Prada purse worth nearly $10,000. Kyra Frost, 25, pleaded guilty Friday to assisting a criminal. She’ll face a maximum 8-year prison sentence when she’s sentenced July 16.
Local car dealers hit with flurry of lawsuits over document-prep fees
Indiana auto dealership owners are being hit with a slew of lawsuits from customers who say they have been charged exorbitant document-preparation fees in the car-buying process just as the rules for charging such fees are poised to loosen under a change in state law.
Kentucky soldier charged in slaying of Indiana teen
A Kentucky soldier has been arrested in the fatal shooting of an Indiana teenager. Twenty-six-year-old military police Sgt. German Parra was arrested in Kentucky on charges including murder in the death of 16-year-old Xavier Weir.
Clark Co. judges hospitalized after overnight shooting; local courts closed Wednesday
Clark County courts are closed Wednesday as two local judges are hospitalized in Indianapolis following an overnight shooting. Clark Circuit Judge Andrew Adams is in stable condition and Circuit Judge Bradley Jacobs is in critical and stable condition after being wounded in the shooting early Wednesday morning.
Opinions April 30, 2019
Indiana Court of Appeals
Brian Ramsey v. State of Indiana
18A-CR-1276
Criminal. Affirms Brian Ramsey’s convictions for Level 5 felony criminal confinement and Level 6 felony intimidation. Finds the Floyd Superior Court properly admitted Rhonda Crone’s statements pursuant to the medical records and excited utterance exceptions to the rule against hearsay. Also finds the evidence is sufficient to support Ramsey’s intimidation conviction.
Robert Miller Sr. leaves legacy of love for law and community
Judge Robert L. Miller Sr., who established a distinguished career in the law and then devoted his skills and passion to advocating and championing military veterans, died peacefully at his South Bend home April 27. He was 98.
Double jeopardy violation prompts reversal of man’s child molesting conviction
A man convicted for child molesting was granted relief from one of his convictions after an appellate panel agreed that his double jeopardy rights were violated when the state was permitted to amend a charge for which he had already been acquitted.
COA tosses convictions on new charges introduced at trial
A split Indiana Court of Appeals reversed four counts of a woman’s conviction, finding the trial court abused its discretion in allowing the state to amend the charging information without giving the defendant a “reasonable opportunity” to prepare and defend against the new counts.
Biological dad’s paternity petition dismissed
The Indiana Court of Appeals has rejected the petition of two biological parents to establish paternity for their child after the appellate court concluded the mother could not collaterally attack a previous paternity finding for another man who assumed he was the father.
Appellate court: Bar owed duty to patron injured in parking lot fight
A Lake County sports bar should have contemplated that rowdy behavior might take place outside the facility at closing time, the Indiana Court of Appeals ruled Tuesday, finding the bar failed to prove it had no duty to protect a patron who was seriously injured in such a fight.
COA rules Right to Farm Act does not violate Constitution
A 28-page opinion issued from the Indiana Court of Appeals on April 22 on the state’s Right to Farm Act is being hailed as the best of rulings and the worst of rulings. The case may be appealed to the Indiana Supreme Court.
Finding the best law school fit
Courtship season is in full bloom, but forget loving and cherishing — these “marriages” are about test scores, rankings and scholarships. Law schools are proposing their best offers while applicants are trying to decide if the match is meant to be or if they may be able to do better.
COA upholds domestic battery convictions after ‘vicious’ beating
A southern Indiana man accused of brutally beating and confining his girlfriend has lost his appeal of his domestic battery-related convictions, with the Indiana Court of Appeals rejecting his evidentiary challenges.
General Assembly passes DCS reforms
As Senate Enrolled Act 1 was heading for its third and final reading in the Indiana House of Representatives, Rep. Vanessa Summers reminded her colleagues that their work in helping reform the Department of Child Services is not finished.
Rudolph & St. Pierre: Anyone worried about attorney-client privilege in mediation?
Your client wants to bring a nonparty friend/significant other/family member to mediation, but you worry that the presence of a nonparty will allow opposing counsel access to the substance of your mediation-related communications with your client. Is this worry justified?
Brown: It’s never too late to learn, especially from fellow mediators
Although I’ve been at this law thing for a while and have mediated cases over the last 10 years, I always find value in hearing about the experiences and strategies of others who have accumulated the awareness and wisdom of playing peacemaker on a regular basis.
Lewinski: Challenged to “Locke” into a property rights resolution
In the curriculum for business ethics that I teach to students at Butler University’s Lacy School of Business, we cover John Locke and his notion of private property rights – natural rights that existed for each individual in the state of nature. Locke contended that men left that state of nature, in part, because the challenge of enforcing those rights led to a state of war. In more than 30 years of real estate litigation practice, I have seen what often looks like that state of war play out between litigants.