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City not liable for injury caused by pothole
The Indiana Court of Appeals split over the extent of governmental immunity after a woman who broke her leg crossing the street sued the city of Beech Grove for negligence.
Tax Court: IndyGo appeal of $800,000 budget cut may proceed
IndyGo received the green light to proceed with a Tax Court appeal of about $800,000 in budget cuts the state ordered for the public transportation service in 2012.
Opinions July 15, 2015 ILD
Indiana Court of Appeals
Brandy L. Bennett v. State of Indiana (mem. dec.)
48A02-1412-CR-868
Criminal. Affirms revocation of Bennett’s probation and one-year sentence in the Indiana Department of Correction.
John W. Taylor, IV v. State of Indiana (mem. dec.)
20A03-1411-PC-396
Post conviction. Affirms denial of Taylor’s petition for post-conviction relief.
Daytwon Tyrone Black v. State of Indiana (mem. dec.)
27A04-1411-CR-514
Criminal. Affirms conviction of Class A misdemeanor theft.
Ariel Kennedy v. State of Indiana (mem. dec.)
49A02-1501-CR-3
Criminal. Affirms conviction of battery resulting in bodily injury, a Class A misdemeanor.
James D. Sowder v. State of Indiana (mem. dec.)
40A05-1409-CR-454
Criminal. Affirms 70-year aggregate sentence for Class A felony voluntary manslaughter; Class A felony burglary; Class C felony intimidation; and Class A misdemeanor carrying a handgun without a license. Vacates conviction of Class D felony criminal recklessness on double jeopardy grounds.
Jeff Griffin, d/b/a JDA Trailers v. Dennis Martin and Lisa Martin (mem. dec.)
80A02-1407-SC-495
Small claim. Reverses judgment for $1,192.62 plus $700 for attorney fees in favor of the Martins. Concludes the trial court erred when it awarded damages and attorney fees to the Martins despite their signing a sales agreement that the pickup truck was sold “as is.” Finds the evidence shows that the Martins suffered only economic loss precluding recovery under a tort theory.
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.
Teamsters sue regional airline over bonuses for new pilots
Unions say that low pay is creating a pilot shortage at regional airlines, but the Teamsters are taking the unusual step of suing an airline for giving more money to pilots it represents.
Conservative leader urges defeat of gay protection proposals
A prominent conservative lobbyist is working to defeat proposals in two northern Indiana cities for anti-discrimination protections based on sexual orientation and gender identity.
Manager suing state child welfare agency over caseload
A lawsuit filed on behalf of a Department of Child Services family case manager contends her caseload is more than twice what Indiana law allows, and the excessive work puts children at risk.
AG: Indy tree service scams seniors
Recent severe storms have led state authorities to caution against scam contractors.
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.
IndyBar: Make the Connection with Mentor Connect
Mentor Connect is a new IndyBar program that matches mentor and mentee pairs to help create meaningful and productive mentor relationships.
IndyBar: Nominations Now Open for 2015 Professionalism Awards
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, August 20.
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 […]
IndyBar: Welcomes New Citizens at Naturalization Ceremonies
For attorneys, the courtroom is often rife with conflict and anxiety. But for some hopeful individuals, the courtroom is where their dreams of becoming United States citizens officially become reality.
Getting to Know Your Judicial Officers: Judge Jose D. Salinas
Feeling comfortable in court can help you provide better advocacy for your client and getting to know your local judges can help improve your practice.
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, […]
Solo and Small Practice: It Takes Courage and Strength
Despite the challenges, fears and demands of solo and small practice, legal market experts tell us that more and more newly minted lawyers are entering law as solo and small firm owners.
IndyBar: Talking Points with the Top Paralegal
The Indianapolis Bar Association is proud to recognize Arlene L. Morris of Whitham Hebenstreit & Zubek LLP as the association’s Paralegal of the Year for 2015.