Justices make appointments to CLE commission
Elkhart Circuit Judge Terry Shewmaker has been appointed to the Indiana Commission for Continuing Legal Education, the Indiana Supreme Court announced in an order issued Monday.
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Opinions. Sept. 22, 2015 ILD
Indiana Court of Appeals
Joaquin Starks v. State of Indiana (mem. dec.)
82A05-1501-PC-44
Post conviction. Affirms denial of petition for post-conviction relief.
Steven Cole v. State of Indiana (mem. dec.)
27A02-1501-CR-24
Criminal. Affirms aggregate sentence of six years executed for pleading guilty to battery, as a Class A misdemeanor and two counts of invasion of privacy, each as a Class D felony.
P.J.K. v. L.M.K. (mem. dec.)
29A04-1412-DR-595 http://www.in.gov/judiciary/opinions/pdf/09221501ehf.pdf
Domestic relation. Affirms modification of custody and awarding of primary physical custody to mother.
Don Campbell v. Anonymous Hospital A, Anonymous Hospital B, and Anonymous Physical Therapist (mem. dec.)
71A03-1410-CT-355
Civil tort. Affirms dismissal of medical malpractice complaint for failure to prosecute.
Nick Gandin v. Elina Lefand (mem. dec.)
02A05-1412-DR-569
Domestic relation. Affirms trial court order denying father’s petition for modification of custody and motion for injunctive relief. Denies mother’s request for appellate attorney fees. Judge Elaine Brown dissents, arguing the form and content of the father’s appellate brief do warrant an award of attorney fees.
Aaron G. Bradley, Jr. v. State of Indiana (mem. dec.)
20A03-1502-CR-71
Criminal. Affirms 16-year sentence after conviction for unlawful possession of a firearm by a serious violent felon, a Class B felony.
Dequincy Clay v. State of Indiana (mem. dec.)
48A02-1502-CR-116
Criminal. Affirms the revocation of Clay’s probation and order that he serve 910 days of his previously suspended sentence.
Wrecks, Inc. v. Amy D. Martin (formerly Amy D. Maurer), and Lawrence A. Maurer (mem. dec.)
29A05-1505-DR-295
Domestic relation. Affirms denial of Wrecks’ motion to transfer a post-dissolution garnishment proceeding to a county of preferred venue pursuant to Trial Rule 75.
Opinions Sept. 22, 2015
Indiana Court of Appeals
Kile Richard Stockert v. State of Indiana
Criminal. Affirms Department of Correction designation that Stockert is a sexually violent predator and offender against children. Based on the record and Ind. Code § 35-38-1-7.5(b) and § 11-8-8-19(b), the trial court did not err in denying Stockert’s petition for declaratory judgment.
IndyBar: Bar Leader Series Class Kicks Off at Ice Breaker, Retreat
The class kicked off the 13th iteration of the series, which runs from September 2015 to May 2016, at a recent ice breaker reception with alumni on September 3 and a leadership and skills-developing retreat Sept. 10 and 11.
Dissenting judge: Majority ‘needlessly prolongs’ divorce case
A divorce case remanded to the trial court for proceedings needlessly prolonged the litigation, a dissenting Court of Appeals judge wrote Tuesday.
Roommate’s liability in early exit from lease rightly decided
A woman who appealed a small claims court order against her former live-in boyfriend failed to convince the Indiana Court of Appeals that he owed her more money for moving out before their apartment lease was up.
Man loses appeal over predator designation
A trial court properly denied a man’s motion for a declaratory judgment seeking to overturn a Department of Correction designation that he is a sexually violent predator and offender against children.
COA reverses priority status for junior creditor in foreclosure
A bank that extended a $25,000 home equity line of credit to owners of a Newburgh property that subsequently was foreclosed was not entitled to a court ruling that gave its claim priority status.
COA tosses 40-year sentence and $400,000-plus restitution
A financial broker who bilked clients out of $8.9 million in an investment scam had his state sentence and order to pay restitution overturned by the Indiana Court of Appeals.
IndyBar: Civility. Courtesy. Respect. Professionalism.
We set out to find examples of lawyers who model the way while providing excellent representation.
IndyBar: Statement Regarding 7th Circuit Judicial System Decision
The Indianapolis Bar Association (“IndyBar”) is reviewing the decision of the 7th Circuit Court of Appeals holding the Marion County judicial selection system unconstitutional.
Indybar: Frontlines
Thank You, Legal Line Volunteers!, Welcome New Citizens at Naturalization Ceremonies, Calling All IndyBar Paralegals!
Hopelessness in Indianapolis: Can We Do Anything About It?
Hopelessness in Indianapolis? Please, take a moment and consider the meaning of hopelessness. Can any of us even imagine what it would be like to be hopeless? Indeed, being hopeful is simply a standard state of mind for most of us.
IndyBar: Final Appointments Made for 2016 Board of Directors
The slate for the 2016 Indianapolis Bar Association Board of Directors is now complete with the appointment of four Vice Presidents and the Counsel to the Board by President-Elect Judge Robyn Moberly of the United States Bankruptcy Court for the Southern District of Indiana.
Show Up and Sign Up – It’s Good for You!
The Family Law Section and the Pro Bono Standing Committee invite you to the inaugural Show Up to Sign Up, a social networking event to be held at the Indianapolis Bar Association Education Center on October 14 from 4 to 5 p.m.
DTCI: Insurance Section Roundtable
Join the DTCI Insurance Section for a roundtable discussion with Judge Mark Smith of Hendricks County Superior Court and Judge Matthew Kincaid of Boone Superior Court at Tow Yard Brewing Company in Indianapolis at 3 p.m. on Sept. 24.
DTCI: Paralegal Service Project
The DTCI Paralegal Section is organizing support for a 10-member special operations detachment military troop currently stationed overseas. The troop’s biggest wish is for gift cards to pay for Internet service, which they must buy themselves.
Court provides guidance to worker’s comp practice
These decisions reveal the board’s position on issues before it and provide practice refreshers and guidance to attorneys who practice before the Worker’s Compensation Board of Indiana.
Reuben didn’t forget when local club turned him away
Note my musings on friend Larry Reuben on the occasion of the spring opening of the Riviera Club pool.