IndyBar: Robert Elzer to Receive Annual Patricia Paxton Wagner Award
The Estate Planning and Administration Section is pleased to award Robert W. Elzer the 2018 Patricia Paxton Wagner Award for Excellence in Estate Planning and Administration.
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IndyBar: The Bears on Patrol Program — A Symbol of Love and Hope for Children
The Bears on Patrol program has a special meaning to my family and me. On April 23, 2008, the mother of my children was murdered right before their eyes by their biological father while I was on the phone with him. Biologically, the kids are my nieces, but I’ve since taken them in. At a traumatic moment in their lives, donated stuffed animals given to them by emergency response teams were all the comfort they had.
Evansville family to take civil rights suit against city, police to jury
More than six years after several relatives were charged in connection with the death of their uncle, their civil rights lawsuit against Evansville and Kentucky police is proceeding to trial.
4th defendant in malnourished Vigo Co. boy’s death reaches plea deal
A man charged with neglect in the death of a malnourished 9-year-old western Indiana boy with cerebral palsy has reached a plea agreement in the case. Hubert Kraemer is scheduled to appear Dec. 8 in Vigo Superior Court to plead guilty to charges including neglect of a dependent resulting in serious bodily injury.
IndyBar: An Open Letter to Procrastinating Attorneys:
Don’t Despair. The IndyBar has you covered with all the last-minute CLE you could ask for.
Valparaiso Law School to write its final chapter in 2020
Despite disappointment over the decision to close the 139-year-old law school, leaders in the Indiana legal profession said they could not have done anything to change the outcome. Selecting students, hiring faculty, developing curriculum and maintaining finances are all internal workings of a law school.
IndyBar: Attorneys Needed for Naturalization Ceremonies
Twice a month, a ceremony at the U.S. Courthouse welcomes newly naturalized American citizens. It’s an awe-inspiring ceremony–and you can be a part of it.
Citing opioids’ devastation, state sues Purdue Pharma
Following a two-year investigation during which time multiple Indiana cities and counties and at least 27 states filed lawsuits, Indiana Attorney General Curtis Hill announced Nov. 14 his office is leading the state of Indiana into a legal battle over prescription opioids.
Critics say General Assembly harassment proposal sidesteps key concerns
A new proposed policy is being sent to the Indiana General Assembly House and Senate ethics committees for further review before it lands in both chambers for a full vote. Even so, questions linger over whether the recommendations will change behavior and protect potential victims.
Sua sponte review by COA leads to conviction reversal
A man convicted of trying to steal a catalytic converter got his misdemeanor overturned after the Indiana Court of Appeals reviewed the matter, sua sponte, and ruled the same evidence was the fuel for two convictions.
Justices could allow suit over Apple iPhone app sales
The Supreme Court of the United States seemed ready Monday to allow an antitrust lawsuit to go forward that claims Apple has unfairly monopolized the market for the sale of iPhone apps.
Opinions Nov. 26, 2018
Indiana Court of Appeals
Trey A. Smith v. State of Indiana
18A-CR-1023
Criminal. Affirms Trey Smith’s conviction of Level 6 felony theft. Finds the hearsay testimony offered by a Columbus police officer was a harmless error because the conviction was supported by independent evidence of guilt. Reverses sua sponte Smith’s conviction of Class B misdemeanor criminal mischief. Holds the conviction violates the rule against double jeopardy. Remands to the Bartholomew Superior Court with instructions to vacate the criminal mischief conviction.
Second gay Roncalli counselor has plans to sue
Not long after Roncalli High School guidance counselor Shelly Fitzgerald was placed on paid administrative leave because of her same-sex marriage, a second Roncalli guidance counselor announced she had filed a discrimination complaint against the school and Archdiocese of Indianapolis and plans to sue because she, too, is in a civil union.
Justices hear man’s appeal in ‘obscene matter’ case
Indiana Supreme Court justices heard argument Tuesday in the revocation of a man’s placement in community corrections when a cellphone in his possession was found to contain “obscene matter” that he was prohibited from having.
COA heading to South Bend to hear drug, handgun case
The Indiana Court of Appeals will travel north this week to hear arguments in a drug and handgun case.
Indiana lawmakers look to update ‘Do Not Call’ law
Indiana lawmakers are looking for new ways to address illegal and unwanted telephone calls as telemarketers use technological advances to skirt the state’s telemarketing law.
Hammond man sues police, seeks damages for crash injuries
A northwestern Indiana man alleges in a federal lawsuit that he suffered a traumatic brain injury when a police officer ran a red light and struck his vehicle in 2016.
Indiana family seeks resolution in 30-year-old homicide
The father of a teenage girl who was fatally shot in a 1988 double-homicide in Brazil, Indiana, said he decided to give his first interviews about the killing in the hopes the three-decade-old case will finally be solved.
US Supreme Court pushes deadline on Lake Michigan beach case
The U.S. Supreme Court won’t decide until next year whether to consider arguments from residents of Chief Justice John Roberts’ Indiana hometown of Long Beach over ownership of the Lake Michigan community’s shoreline. The case could have a ripple effect for public and private property rights across the Great Lakes states.
Opinions Nov. 21, 2018
Indiana Court of Appeals
Oscar Flores v. State of Indiana
18A-CR-1632
Criminal. Reverses and remands with instructions for the Marion Superior Court to vacate one of Oscar Flores’ convictions for Level 4 felony child molesting. Finds that both convictions occurred during a single transaction, so one should be vacated under the continuous-crime doctrine.