Probation revocation petition after term ended affirmed
A man convicted of a misdemeanor marijuana offense must face the prospect of revocation of his probation even though the state didn’t file a petition until after his term of probation expired.
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Opinions Oct. 31, 2018
Indiana Court of Appeals
Laperria Marie Brooks v. State of Indiana
18A-CR-759
Criminal. Reverses Laperria Marie Brooks’ conviction of Class A misdemeanor resisting law enforcement after a Marion Superior Court bench trial. Remands for the conviction to be vacated because the evidence to support it is insufficient. Brooks, who was also convicted of Class A misdemeanor trespass and Class B misdemeanor disorderly conduct, appealed only the resisting conviction.
Weepy wedding guest gets conviction affirmed
Just about everybody cries at weddings, but a woman arrested while driving home from a marriage ceremony was unable to convince the Indiana Court of Appeals that the tears she shed “by the second” in the back of the police cruiser falsely elevated the concentration of alcohol in her breath.
COA: Marijuana grinder not ‘paraphernalia’ under statute
A misdemeanor paraphernalia charge against a man found with a marijuana grinder in his car has been overturned after the Indiana Court of Appeals determined the grinder did not constitute “paraphernalia” under the applicable statute.
COA upholds dismissal of adoption petition after ‘fraud on the court’
The Indiana Court of Appeals has upheld a trial court ruling setting aside a Lawrence County adoption, finding the child’s mother and grandfather committed fraud on the court by falsely claiming they did not know who the child’s biological father was in an effort to allow the grandfather to adopt the child.
COA: Angry shopper wrongly convicted of resisting
A Kroger shopper upset by the store’s refusal to cash her check without ID became disorderly and refused to leave, but the evidence against her did not support her conviction of resisting law enforcement, the Indiana Court of Appeals ruled Wednesday.
Fort Wayne man accused in attack on mother now facing murder charge
A Fort Wayne Indiana man who police say told an officer he was possessed by demons and Adolf Hitler when he allegedly attacked his mother is facing a murder charge. Court records show the charge was added Tuesday against 34-year-old Jason Steiss, who last week was jailed on charges including aggravated battery.
Man, 23, to face charges in 2011 slaying of Goshen professor
A northern Indiana prosecutor says she will file murder and attempted murder charges against a 23-year-old man for a 2011 home invasion that left a Goshen College biology professor dead and his wife badly injured. Elkhart County Prosecutor Vicki Becker announced she will file the charges against Winston Earl Corbett, who was 16 at the time of the attack on 58-year-old James Miller and his wife, Linda.
Valparaiso University plans to shut down law school
Valparaiso Law School, founded in 1879, will be ceasing operations after a search for alternatives to remain open ended in disappointment. In an announcement Tuesday, Valparaiso University stated it will continue to teach-out the current law students in a timely manner and then cease operations.
Indiana law professors support changes to judicial conduct rules
Although they concede that more needs to be done, two Indiana law professors are applauding the recommendations on how to handle sexual harassment complaints made against the federal judiciary. Professors Charles Geyh and Jennifer Drobac, offered their comments as part of the public hearing to consider the proposed changes to the Code of Conduct for U.S. Judges and the Rules for Judicial-Conduct and Judicial-Disability Proceedings.
IndyBar: The Alligator in the Room — Avoid “Fights and Flights” During Mediation
Recently, I had the pleasure of attending another excellent IndyBar CLE program on mediation. The topic was “The Alligator in the Room,” our reptilian brain, which is triggered when we are under stress, causing an emotional, rather than a logical, response.
IndyBar: Accompanists, Tiny Dancers and the IndyBar Recognition Breakfast
At the IndyBar, we have hundreds of volunteers who serve our members, promote justice and enhance the legal profession on a daily basis and rarely get a thank you worthy of their efforts. IndyBar will seek to honor at least some of them on Nov. 13.
Opinions Oct. 30, 2018
7th Circuit Court of Appeals
Rebecca Zander v. Samuel Orlich, Jr., et al.
17-2792
Appeal from the United States District Court for the Northern District of Indiana, Hammond Division. Magistrate Judge Paul R. Cherry.
Civil. Reverses summary judgment for former Lake County Sheriff John Buncich on Rebecca Zander’s respondeat superior claim, but affirms summary judgment for Buncich on Zander’s negligent hiring claim filed after she alleged Lake County Sheriff’s Deputy Samuel Orlich sexually assaulted her in her home. Finds that whether Orlich’s employment gave rise to the abuse of power in question is a question of fact for the jury. Also finds there was no evidence that Buncich should have known Orlich was likely to assault a member of the public. Remands for further proceedings.
IndyBar: Attorneys Deliver Peace of Mind During Free Wills Clinic
IndyBar volunteers set up at both the John Boner Neighborhood Center and the Haughville branch of the Indianapolis Public Library to draft wills and advance directives for nearly 20 Indianapolis citizens at no cost.
IndyBar: Chief Judge Robyn Moberly Honored, Shares Hope for the Future of Women in the Law
The IndyBar’s Women and the Law Division proudly recognized Chief Judge Robyn Moberly of the U.S. Bankruptcy Court for the Southern District of Indiana as the recipient of this year’s Antoinette Dakin Leach Award honoring a trailblazing woman in the legal profession.
The Alligator in the Room: Avoid “Fights and Flights” During Mediation
By Joan Champagne, White and Champagne Recently, I had the pleasure of attending another excellent IndyBar CLE program on mediation, which I was able to attend for free as an Alternative Dispute Resolution (ADR) Plus CLE Section member. The topic was “The Alligator in the Room,” presented by Holly Wanzer of Wanzer Edwards PC (you […]
IndyBar: CLE You Won’t Find Anywhere Else — Register for These Programs to Keep Your Credit Life Interesting
Here at the IndyBar, we want to make sure you don’t get bored. That’s why we’re switching things up and throwing a few never-before-seen programs on our calendar for you to add to your credit count and enjoy!
Accompanists, Tiny Dancers and the IndyBar Recognition Breakfast
True or false: I’m an expert pianist. Of course, the answer is false. If the answer had been “true,” here is how you would’ve known I played the piano: I would’ve told you. And after I told you, I would’ve shown you by playing the piano for you over, over and over again. My piano […]
COA orders summary judgment for insurance company after postal worker’s death
The Indiana Court of Appeals has ordered the entry of summary judgment for an insurance company after finding that although the airbrushing business the company insures made multiple mistakes that led to the death of a postal worker, those mistakes resulted in only one accident.
Cameras allowed in court next month for National Adoption Day
In celebration of National Adoption Day, Hoosier families will once again have an opportunity to smile for the camera in the courtroom. The Indiana Supreme Court has announced its authorization of cameras in court for uncontested adoptions during the month of November, allowing photography and video of the adoption proceedings.