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Justices suspend lawyer who defrauded seniors of $19M

An Indianapolis lawyer who pleaded guilty more than six months ago to four felony counts of securities fraud from a Hamilton County real estate Ponzi scheme was suspended from the practice of law Thursday.

ABA task force calls for more debt counseling, innovation

The report released Friday by the American Bar Association Task Force on the Financing of Legal Education calls for enhanced law student debt counseling, wider collection and publication of law school financial data, and innovation at law schools to lower costs for students while maintaining sound educational programs.

Opinions June 19, 2015 ILD

Indiana Court of Appeals
David G. Taylor v. State of Indiana (mem. dec.)
41A01-1502-CR-74
Criminal. Affirms denial of Taylor’s motion requesting the trial court to correct an alleged discrepancy between the sentencing order and the abstract of judgment.

Aaron Harlow v. State of Indiana (mem. dec.)
29A02-1412-CR-829
Criminal. Affirms convictions of one count of Class B felony burglary and three counts of Class D felony theft.

Frank Rhodes v. State of Indiana (mem. dec.)
49A02-1411-CR-788
Criminal. Affirms conviction and sentence for Class B felony possession of a firearm by a serious violent felon.

Roger Hartman v. State of Indiana (mem. dec.)
20A03-1411-CR-401
Criminal. Affirms convictions of Class D felony strangulation and Class A misdemeanor battery.
 

Opinions June 19, 2015

The following Indiana Tax Court opinion was posted after IL deadline Thursday:
Muir Woods, Inc. v. Joseph P. O'Connor, Assessor of Marion County
49T10-1302-TA-38
Tax. Affirms dismissal by the Indiana Board of Tax Review of Muir Woods Inc.’s Petitions for correction of an error (Forms 133) because the forms’ alleged errors are not correctable under that appeal procedure. Finds that the Indiana Board acted within the scope of its authority and that Muir Woods did not raise a claim cognizable using the Form 133 appeal procedure.

Record supports capping trustee fees at 1.5 percent

A trial court did not err when it concluded that a community foundation which took over acting as trustee of a charitable trust will have its fees capped at 1.5 percent of the trust’s annual assets, the Indiana Court of Appeals ruled Friday.

COA orders corrected notification sent to BMV, suggests form update

The Indiana Court of Appeals has ordered a trial court to send a corrected notice to the Bureau of Motor Vehicles that shows judgment was only entered on two of the four charges a man was convicted of related to his speeding in Brown County. The judges also suggested that the BMV update its form to avoid future confusion as shown in this case.

Homeowners association loses appeal of assessments

Finding that an Indianapolis homeowners association did not make any cognizable claims using the Form 133 appeal procedure to appeal assessments on its common area land, the Indiana Tax Court affirmed the dismissal of its petitions to correct error.

Judge tosses Angie’s List suit, but gives investors chance to refile

A federal judge on Thursday dismissed a class-action fraud lawsuit against Angie's List Inc., concluding plaintiffs failed to show that sharp cuts to membership fees the company rolled out in 2013 demonstrated the inaccuracy of executives' prior claims about its business model and caused the stock price to fall.

Opinions June 18, 2015 ILD

Indiana Court of Appeals
Ryan M. Burton v. State of Indiana (mem. dec.)
33A01-1501-PC-5
Post conviction. Affirms denial of petition for post-conviction relief.

Despina N. Manologlou v. State of Indiana (mem. dec.)
58A01-1410-CR-469
Criminal. Affirms 15-year sentence for Class B felony conspiracy to commit child molesting.

Adrienne Tyler v. State of Indiana (mem. dec.)
49A02-1411-CR-807
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

 

Opinions June 18, 2015

Indiana Court of Appeals
I-465, LLC v. Metropolitan Board of Zoning Appeals Division II of Marion County, Indiana, Jeffrey R. Baumgarth and The Myers Y. Cooper Company
49A05-1409-PL-403
Civil plenary. Affirms decision by the Marion County Metropolitan Board of Zoning Appeals approving a request for a property-use variance by Jeffrey R. Baumgarth and Myers Y. Cooper Co. The BZA’s decision to grant the variance was based upon its determination that Myers Cooper had established the five elements required to justify a variance, and its decision was supported by adequate findings, which in turn were supported by the evidence, and therefore not clearly erroneous.
 

No error in granting variance for pet boarding facility

The Indiana Court of Appeals upheld the decision to grant a variance to a company seeking to build an upscale dog and cat boarding and day-care facility on the northwest side of Indianapolis. A hotel located next to the property objected, fearing noise from the animals would deter business.

IU Maurer launches Veterans Disability Law Clinic

A first-of-its-kind legal clinic in Indiana will provide free representation beginning July 1 to veterans who wish to appeal a denial of disability benefits or seek other services to receive VA benefits.

Confederate flag license plate bid spurned by top US court

Texas acted legally when it refused to issue a license plate depicting the Confederate battle flag, the Supreme Court of the United States ruled in a decision that means dozens of states won’t have to open up their specialty-tag programs.

California says Uber drivers are employees

The California labor commissioner’s ruling that an Uber Technologies Inc. driver must be treated as an employee may have repercussions throughout the on-demand economy.