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Opinions July 15, 2015

Indiana Court of Appeals
Robert Seal v. State of Indiana
48A02-1410-CR-775
Criminal. Affirms convictions of two counts of Class A felony child molesting; two counts of Class B felony incest; and one count of Class B sexual misconduct with a minor. Finds police’s failure to capture the audio on the recordings of the victims’ interviews does not violate Seal’s due process rights. Rules trial court did not abuse its discretion in instructing the jury that time is not an element of the offenses. Concludes the continuous crime doctrine does not apply.

Lawyer who threatened rape fires back in discipline reply

A Fort Wayne lawyer who was charged after threatening to rape his opponent in a divorce case admits he was wrong to do that, but he says he shouldn’t be punished by the Indiana Supreme Court Disciplinary Commission because the threat wasn’t literal and he was protecting his client.

Bungled recording does not violate constitutional rights

An Anderson man’s argument that his due process rights were violated by law enforcement’s failure to record the audio from two interviews with his daughters did not convince the Indiana Court of Appeals.

Judge considers life sentence in Indianapolis explosion case

An Indianapolis man will spend decades in prison after his conviction for a house explosion scheme that killed two neighbors, and prosecutors urged a judge Wednesday to make him eligible for life without parole at next month’s sentencing.

Nominations Now Accepted for IndyBar Board of Directors

  Welch The nomination period has begun for the 2016 Board of Directors of the Indianapolis Bar Association, and the Hon. Heather Welch of Marion Superior Court has been appointed to chair the effort. Judge Welch will lead a committee of members in selecting a slate of officers for the coming year. Joining Judge Welch […]

Nominations Now Open for 2015 Professionalism Awards

Professionalism—it’s a trait that sets apart one stellar attorney or judge from another. Now is your chance to honor this invaluable quality in your Indy colleagues. The IndyBar Professionalism Committee is currently soliciting nominations for the 2015 IndyBar Professionalism Award (Attorney) and IndyBar Silver Gavel Award (Judge). Nominations are due by 8:30 a.m. on Thursday, […]

IndyBar: Nominations Now Accepted for Board of Directors

The nomination period has begun for the 2016 Board of Directors of the Indianapolis Bar Association, and the Hon. Heather Welch of Marion Superior Court has been appointed to chair the effort. Judge Welch will lead a committee of members in selecting a slate of officers for the coming year.

Opinions July 14, 2015

Indiana Court of Appeals
Parkview Hospital, Inc. v. John J. Wernert, in his official capacity as Secretary of the Indiana Family and Social Services Administration, and The Methodist Hospitals, Inc.
02A03-1408-PL-296
Civil plenary. Affirms trial court ruling in favor of Indiana Family and Social Service Administration’s denial of Medicaid disproportionate share payments to Parkview Hospital. The decision of the FSSA secretary was not arbitrary, capricious, or unsupported by substantial evidence, and there was no contract or agreement of material terms and conditions regarding disproportionate share hospital payments supporting a forfeiture claim.

ABA annual meeting starts July 30

The American Bar Association will open its annual meeting the last week of July in Chicago, bringing attorneys, judges, academics and government officials together to examine a variety of legal and public policy issues.