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Aunt denied custody of CHINS niece in foster care

An aunt who repeatedly sought to gain custody of her 4-year-old niece the Department of Child Services placed in foster care got no relief from the Indiana Court of Appeals Wednesday.

Muncie lawmaker seeks Mounds Reservoir summer study

A controversial proposal to dam the White River in Anderson and create a 2,100-acre reservoir stretching east to Yorktown should be studied by a legislative committee this summer, a Muncie lawmaker said.

Litigant misses trial court’s SHOUTING

An Indiana man disputing with an Indiana law firm over the collection of his credit card debt was reminded by the 7th Circuit Court of Appeals that capital letters included in a court order should not be ignored.

Opinions July 28, 2015 ILD

Indiana Court of Appeals
In re the Marriage of: Thomas E. Thompson v. Donna B. Thompson (mem. dec.)
74A05-1412-DR-598
Domestic relation. Affirms the trial court’s judgment not to use a Qualified Domestic Relations Order to divide Thomas Thompson’s 401(k). Reverses order that Thompson make a cash equalization payment to Donna Thompson for $144,241.86, finding the trial court erred in failing to consider the tax consequences of drawing down the husband’s 401(k) and selling the marital home. Remands with instructions that the trial court revaluate certain assets to account for the tax consequences.

In re the Marriage of: Deborah D. Skelton v. Rodney D. Skelton (mem. dec.)
55A01-1412-DR-512
Domestic relation. Affirms the award of primary physical custody of the children to Rodney Skelton. Also affirms the denial of Deborah Skelton’s request for the trial court to speak to oldest child. Reverses the division of the marital estate, finding the trial court erred by not including in the marital estate the wife’s $31,073.00 student loan debt incurred prior to the marriage. Remands for the trial court to specify whether it intended to order the wife to make an equalization payment of $10,944.51 to the husband.

Adam Horton v. State of Indiana (mem. dec.)
79A02-1410-CR-765
Criminal. Affirms Class D domestic battery conviction. Finds Horton knowingly, voluntarily and intelligently waived his right to a jury trial on the Class D felony enhancement.

J.B. v. State of Indiana (mem. dec.)
55A01-1411-JV-483
Juvenile. Affirms order that J.B. register as a sex offender.

Performance Contracting, Inc. v. Randy Lowe (mem. dec.)
93A02-1502-EX-98
Civil. Affirms the Worker’s Compensation Board of Indiana’s order that Lowe be awarded compensation for the claims of temporary total disability and medical expenses.  

Jevon Deandre Ollins v. State of Indiana (mem. dec.)
79A02-1412-CR-843
Criminal. Affirms 13-year sentence after guilty plea to burglary, a Class B felony.

Aqueeli Hakeem Walton v. State of Indiana (mem. dec.)
45A05-1412-CR-600
Criminal. Affirms conviction of murder.

Michael C. Pulley v. State of Indiana (mem. dec.)
79A02-1412-CR-852
Criminal. Affirms splitting the 13-year sentence between the Indiana Department of Correction and community corrections for Class B felony possession of methamphetamine and Class C felony possession of chemical reagents.

In Re the Adoption of D.B. and S.R., M.R. v. J.W. (mem. dec.)
71A03-1410-AD-385
Adoption. Affirms St. Joseph Probate Court granting the petition of J.W., the stepfather, to adopt S.R.
 

Opinions July 28, 2015

7th Circuit Court of Appeals
Grant E. Bentrud v. Bowman Heintz Boscia & Vician, P.C.
14-2384
Appeal from the U.S. District Court, Southern District of Indiana, Indianapolis Division
Judge William Lawrence.
Civil. Affirms grant of summary judgment in favor of Bowman Heintz. Finds Bowman Heintz did not violate the Federal Debt Collections Practices Act for filing a second motion for summary judgment after the 30-day deadline to initiate arbitration had passed.

Indiana attorney registrations due Oct. 1

Indiana attorneys are being reminded to complete the annual attorney registration process and certify their IOLTA status by Oct. 1, 2015. Lawyers who fail to register by the deadline will incur late fees and possible license suspension.

Implicit Bias: We All Have It

Implicit biases are the fabric of who we are. They are the product of our upbringing, education, experiences, neighborhoods, television, social media and what we have consciously learned or unconsciously learned from our families and friends.

IndyBar: Free CLE Available at Pro Bono Training

The Neighborhood Christian Legal Clinic and the IndyBar have teamed up to offer a free training on August 15 to empower local attorneys to help children who desperately need legal assistance.

IndyBar: Go Green and Be Seen!

Going green is red hot across the nation – from recycling initiatives to political campaigns, it’s a topic that is constantly in the air.

DTCI: Kudos

The Employment Law trial team at Lewis Wagner, led by partner Stephanie Cassman, secured a defense verdict last week in a federal race discrimination jury trial.

DTCI: Court interprets waiver of subrogation clause

A waiver of subrogation clause is a typical — but often overlooked — contract provision in design and construction contracts, especially for parties using standard form contracts, such as the American Institute of Architects (AIA) forms.