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Opinions Sept. 16, 2015

September 16, 2015

Indiana Court of Appeals

 

R.L. Turner Corporation v. William Wressell
06A05-1411-PL-540
Civil plenary. Affirms the trial court’s inclusion of fringe benefits in the calculation of total compensation and the calculation of attorney fees. Finds the trial court did not include any of Wressell’s overtime in its calculation of total compensation. Remands with instructions for the trial court to award Wressell an additional $1501.68.   

Attorney fees award was reasonable, COA rules

September 16, 2015

After a former employee was awarded nearly $100,000 in attorney fees, R.L. Turner Corp. asserted the amount was unreasonable given the employee’s total award for damages was less than $12,000.

Federal court hosts naturalization ceremony

September 16, 2015

About 100 new Americans will become citizens Thursday during a naturalization ceremony sponsored by the U.S. District Court for the Southern District of Indiana.

California man charged with murder in Indiana cold case

September 16, 2015

Central Indiana authorities say a murder warrant in a 2002 cold case has been issued against a man currently jailed in California.

Double jeopardy voids two cocaine convictions

September 16, 2015

A trial court violated the prohibition against double jeopardy by convicting a man in a bench trial of three felony cocaine possession counts, the Indiana Court of Appeals ruled in tossing out two of the convictions.

July 2015 bar exam results announced

September 16, 2015

The Indiana Board of Law Examiners has posted results of the state’s bar exam given in July 2015.

Rural central Indiana landowners fight town’s annexation bid

September 15, 2015

The state's highest court is set to hear a legal battle by a group of rural landowners fighting to prevent an adjacent central Indiana town from annexing their land and subjecting them to higher taxes.

Woman asks court to allow marijuana use per church beliefs

September 15, 2015

A Minnesota woman accused of violating probation says she should be able to use marijuana for religious reasons because she belongs to a pot-smoking church based in Indiana.

Facebook message, other evidence proper in molester’s trial

September 15, 2015

Evidence including a Facebook message sent to a 15-year-old girl was properly admitted in the trial of a man convicted of sexually abusing her at knifepoint, the Indiana Court of Appeals ruled Tuesday.

Opinions Sept. 15, 2015 ILD

September 15, 2015

Indiana Court of Appeals
Larry Hayden, Jr. v. State of Indiana (mem. dec.)
02A03-1501-CR-9
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon, Class C felony robbery and escape, Class D felony intimidation and two counts of Class A misdemeanor resisting law enforcement.

Albert Pauley, Jr. v. State of Indiana (mem. dec.)
12A02-1501-PC-46
Post conviction. Affirms denial of post-conviction relief.

Aundra L. Haralson v. State of Indiana (mem. dec.)
06A01-1501-CR-25
Criminal. Affirms convictions of Level 5 battery resulting in bodily injury to a pregnant woman and Level 6 criminal confinement.  

Bill Snider v. State of Indiana (mem. dec.)
71A03-1409-PC-334
Post conviction. Affirms denial of post-conviction relief.

Bobby Lee Dean v. State of Indiana (mem. dec.)
48A02-1409-CR-669
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class D felony maintaining a common nuisance and Class A misdemeanor resisting law enforcement.

Jimmie Hair, Jr. v. State of Indiana (mem. dec.)
03A01-1502-CR-65
Criminal. Affirms convictions of Class A felony attempted murder and Class B felony unlawful possession of a firearm by a serious violent felon.

John F. Philpott v. State of Indiana (mem. dec.)
48A02-1412-CR-884
Criminal. Affirms denial of motion to correct erroneous sentence.

Wyatt Clayton Squyres v. State of Indiana (mem. dec.)
45A05-1502-CR-56
Criminal. Affirms denial of motion to correct erroneous sentence.

Kathleen Burnell v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
93A02-1505-EX-260
Agency action. Affirms denial of claim for unemployment benefits.

Kimball Rustin Roy Scarr v. JPMorgan Chase Bank National Association (mem. dec.)
21A01-1411-MF-466
Mortgage foreclosure. Affirms grant of summary judgment in favor of Chase.

Opinions Sept. 15, 2015

September 15, 2015

Indiana Court of Appeals
Hoker Trucking, LLC and Linda L. Phillips v. Pamela K. Robbins, as Administratrix of the Estate of Mike Douglas Robbins Deceased
89A01-1411-CT-468
Civil tort. Reverses award of attorney fees and prejudgment interest to Pamela Robbins. Finds as the surviving spouse, Robbins is not entitled to recover attorney costs under the adult provision (Indiana Code 34-23-1-2) in the Indiana general wrongful death statute.

Attorney Lawrence Reuben remembered for community activism

September 15, 2015

Indianapolis attorney Lawrence M. Reuben, who created a strong legacy of community activism, died Sept. 11, 2015. He was 67 years old.

Brookman selected as U.S. magistrate judge

September 15, 2015

Evansville attorney Matthew P. Brookman has been selected to be a magistrate judge in the federal court for the Southern District of Indiana, Chief Judge Richard L. Young  announced Tuesday.

Widow not entitled to attorney fees in wrongful death case

September 15, 2015

Attorney fees awarded in a wrongful death suit have been overturned by the Indiana Court of Appeals weeks after the Indiana Supreme Court weighed in on the state statute’s language.

Opinions Sept. 14, 2015 ILD

September 14, 2015

Indiana Court of Appeals
William Hatfield v. State of Indiana (mem. dec.)
32A01-1411-CR-510
Criminal. Affirms sentence and conviction of Class A misdemeanor leaving the scene of an accident resulting in injury.
 

Opinions Sept. 14, 2015

September 14, 2015

Indiana Court of Appeals
Bryan E. Mitten v. Cynthia L. Mitten
11A01-1501-DR-8
Domestic. Affirms determination of Bryan E. Mitten’s child support obligations and division of the parties’ debts. The trial court ordered that the adoptive father pay $235 per week in child support retroactive to the filing of the divorce petition. The trial court did not abuse its discretion in determining support, and there was no error in the trial court’s division of debt.

Tickets for benefit dinner featuring journalist Bob Woodward now available

September 14, 2015

Reservations for the Indiana Bar Foundation’s 65th anniversary dinner are now available online.

COA affirms child support, debt division orders

September 14, 2015

The Indiana Court of Appeals Monday rejected an adoptive father’s argument that he was ordered through a dissolution order to pay too much in child support, including a retroactive amount creating an arrearage. 

Judges to join students in Constitution Day celebration

September 14, 2015

Indiana appellate and trial court judges along with Indiana Supreme Court attorneys will be celebrating Constitution Day by visiting with more than 2,500 students across the state.

Kentucky clerk won’t interfere with gay marriage licenses

September 14, 2015

Clerk Kim Davis returned to work Monday for the first time since being jailed for disobeying a federal judge and said she was faced with a “seemingly impossible choice” between following her conscience and losing her freedom over denying marriage licenses to gay couples.

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In This Issue

  • Advocate welcomes honors, but reward for her is helping the kids

  • Indianapolis attorney’s small firm helps clients start over

  • BMV rule barring gender marker changes effective this week

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • New habeas corpus strategy is freeing some immigrant detainees

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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