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COA upholds grant of attorney fees to ex-wife

Addressing a longstanding divorce case for the second time on appeal, the Indiana Court of Appeals has upheld a trial court order requiring a man to pay his ex-wife’s attorney fees pursuant to an indemnification clause in the couple’s dissolution decree.

Signature waived right to jury trial, COA affirms

A Clay County defendant waived her Sixth Amendment right to a jury trial when she signed a form acknowledging the deadline to demand a jury, then missed that deadline, the Indiana Court of Appeals ruled in an opinion upholding the denial of the defendant’s untimely jury trial demand.

COA: Gun admissible under inevitable discovery rule

A gun was admissible as evidence in a battery trial despite its location through an unwarranted search because it inevitably would have been discovered, despite any Fourth Amendment violation, the Indiana Court of Appeals has ruled.

COA rejects missing witnesses argument in murder appeal

A man convicted in a Marion County drug-related murder has lost his appeal of his conviction after the Indiana Court of Appeals determined the trial judge was not required to admonish the jury about the absence of two witnesses without a request from the parties.

JNC to interview 12 for COA seat

Each of the 12 applicants who applied to fill an upcoming vacancy on the Indiana Court of Appeals will interview with the Indiana Judicial Nominating Commission on April 30 and May 1. The applicants are vying to succeed retiring COA Judge Michael Barnes.

Divided COA finds evidence of prior bad acts harmless

A majority of the Indiana Court of Appeals has upheld a Howard County man’s drug convictions and sentence, finding any error in the admission of evidence of prior bad acts was harmless. The dissent, however, provided a lengthy history of state and federal caselaw to highlight why she believed the error was prejudicial.

Opinions April 11, 2018

Indiana Court of Appeals
Stephen Wirthlin v. State of Indiana
24A01-1711-CR-2662
Criminal. Reverses the denial of Stephen Wirthlin’s motion to withdraw his guilty plea to Level 6 felony charges of possession of methamphetamine and dealing in a synthetic drug or synthetic drug lookalike. Finds Wirthlin did not knowingly, intelligently and voluntarily waive his right to counsel at the initial or guilty plea hearings. Remands with instructions to withdraw Wirthlin’s guilty plea and vacate his conviction and sentence of two years, with 16 months suspended to probation, and for further proceedings.

COA orders withdrawal of guilty plea made without counsel

The Franklin Circuit Court must withdraw a first-time felon’s pleas to two drug counts after erroneously finding the man knowingly, voluntarily and intelligently waived his right to counsel, the Indiana Court of Appeals ruled Wednesday.

Two from Indiana join ABA Day in Congress

American Bar Association members are on Capitol Hill Wednesday and Thursday to advocate that lawmakers fund legal aid services and continue the student loan forgiveness program.

7th Circuit nominees set for committee vote

The nominations of Michael Scudder, Jr., and Judge Amy St. Eve, the Illinois nominees for the 7th Circuit Court of Appeals, are scheduled for a vote by the U.S. Senate Committee on the Judiciary on Thursday. If approved by the committee, the pair will go on to the full Senate for a confirmation vote.

Pryor to be officially sworn in as magistrate judge Friday

Doris L. Pryor, the newest magistrate judge in the U.S. District Court for the Southern District of Indiana, will be officially sworn in later this week.The court announced Pryor’s appointment as magistrate judge in November, filling a vacancy created by the Aug. 2, 2017 death of Magistrate Judge Denise K. LaRue after a battle with cancer.

40 apply to fill 3 pending Marion County judge vacancies

Forty Indianapolis attorneys and judicial officers have submitted their names for consideration to fill three upcoming vacancies in the Marion County courts. The field will be narrowed to nine, from which Gov. Eric Holcomb will select new judges to succeed three retiring judges.

7th Circuit upholds judgment for bank in insurance funds dispute

The 7th Circuit Court of Appeals has upheld judgment in favor of U.S. Bank in a complaint under the Real Estate Settlement Procedures Act after finding the plaintiff failed to show how the bank’s allegedly inadequate response to a letter inquiring about insurance funds contributed to her legal injuries.

Indiana’s Brady, Hanlon tapped for federal judgeships

Two Valparaiso Law School graduates are included in the latest round of judicial nominations released Tuesday by the White House. Holly Brady of Fort Wayne and J.P. Hanlon of Indianapolis have been nominated for the federal bench in the northern and southern Indiana district courts, respectively.

Opinions April 10, 2018

7th Circuit Court of Appeals
Kelly Jean Linderman v. U.S. Bank National Association
17-1770
Appeal from the United States District Court for the Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Affirms the district court’s judgment in favor of U.S. Bank National Association on Kelly Jean Linderman’s claim under the Real Estate Settlement Procedures Act. Finds U.S. Bank did not violate the act.

Legal diversity leader to speak at IU McKinney

Robert Grey, Jr., president of the Leadership Council on Legal Diversity and retired senior counsel at the Richmond, Virginia-based Hunton & Williams law firm, will deliver the James P. White Lecture on Legal Education at IU McKinney later this month.