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Justice Dickson honored at We the People dinner

The Indiana Bar Foundation used its 2015 Civics Dinner to present the President’s Award to Dickson for his many years of service to the Supreme Court, the judiciary, the legal profession and the state.

Opinions Dec. 14, 2015

Indiana Court of Appeals
F. John Rogers, as Personal Representative of Paul Michalik, Deceased, and R. David Boyer, Trustee of the Bankruptcy Estate of Jerry Lee Chambers v. Angela Martin and Brian Paul Brothers
02A05-1506-CT-520
Civil tort. Reverses trial court orders granting Angela Martin’s motion to strike and motion for summary judgment. The question of whether Martin is liable under the Dram Shop Act for furnishing alcohol to an intoxicated person, who later died after attending a party at the house she shared with Brian Paul Brothers, is a factual issue to be resolved at trial. Finds Martin as the host of a party had a duty to exercise reasonable care and render aid after she saw Paul Michalik unconscious after drinking and being involved in a fight, and questions of fact remain as to whether she breached that duty.

High court: DirectTV can cut off class-action lawsuit

The United States Supreme Court ruled Monday that satellite provider DirecTV can avoid a class-action lawsuit in California over early termination fees and force customers into private arbitration hearings instead.

More proceedings necessary in mortgage foreclosure action

Because there are genuine issues of material fact as to the fair market value of a property at the time of sale and the true amount of indebtedness on a promissory note, a trial court erred in granting summary judgment in favor a bank on its foreclosure action, the Indiana Court of Appeals ruled Friday.

Majority: Sex offender registration not ex post facto law

The Indiana Court of Appeals upheld the requirement that man convicted of a sex crime in Washington must also register as a sex offender in Indiana, finding the requirement is not an ex post facto punishment under the Indiana Constitution. But one judge disagreed, and would reverse his registration requirement.

Anderson latest city to pass local gay rights ordinance

Officials in another Indiana city have approved banning discrimination based on sexual orientation or gender identity ahead of an expected debate in the state Legislature over whether to pass a statewide law that supersedes any local ordinance.

Opinions Dec. 11, 2015

Indiana Court of Appeals
Wayne Patton v. Jessica Patton
17A04-1503-DR-137
Domestic relation. Affirms denial of father’s motion for modification of visitation, finding the trial court struck a balance that addresses the concerns of all, while still providing father with opportunities for more rewarding parenting time with W.P. immediately and in the future. Reverses portion denying his modification of child support, finding the emancipation of daughter Ja. P. was a substantial and continuing change to justify modification. Remands for modification of support obligation to become $136.42 per week.

Daughter’s emancipation leads to reduction in child support

A trial court should have reduced a father’s child support obligation to his three children because his daughter’s emancipation constitutes a substantial and continuing change, the Indiana Court of Appeals held Friday. The trial court denied the father’s motion because the amount of child support offered differed by less than 20 percent of the amount dictated by the Indiana Child Support Guidelines.

Conour appeals to 7th Circuit to defend self, remove judge

Ex-attorney William Conour claims in a jailhouse motion he filed Thursday that the judge who sentenced him to 10 years in prison for wire fraud appears to be biased in favor of prosecutors and must be removed for preventing him from representing himself.