Waterfill: State court vs. federal court: Which venue is best?
What are the various considerations when determining between state and federal court?
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Column: Using Facebook to provide notice for service of process
A recent study found that nearly 75 percent of all adults in the U.S. who use the Internet also have Facebook accounts. What if Facebook could soon have a major (positive) impact on litigation?
Highlights from the Leadership in Law 2015 event
View photos from this year’s Leadership in Law event held at D’Amore in Indianapolis May 5.
Ruling clarifies, broadens admissibility of social media content as evidence
Donnell Wilson’s murder convictions for shooting and killing two gang members in Gary relied in part on Twitter posts shown to a jury in which he bragged about having a gun and threatened to shoot rival gang members.
Pressure on PACER
On May 1, protestors across the country launched their ire on the federal judicial branch. They were not maligning the judges or their decisions, but rather they were imploring the courts to upgrade and improve the online Public Access to Court Electronic Records system.
Opinions May 18, 2015 ILD
Indiana Court of Appeals
In re the Paternity of J.A.S.: H.S. v. N.L. (mem. dec.)
49A05-1407-JP-345
Juvenile paternity. Affirms trial court’s final order granting the request of N.L. (the father) to change the last name of J. (the child) to the father’s last name. Also affirms trial court’s decision to not enter a child support arrearage.
Anthony Armacost v. State of Indiana (mem. dec.)
15A04-1410-CR-512
Criminal. Affirms two-and-one-half-year sentence imposed after guilty plea for Class D felony receiving stolen property.
Opinions May 18, 2015
Indiana Court of Appeals
Gary P. Byers v. Robert E. Moredock and Rhoda S. Moredock
34A04-1412-CT-560
Civil tort. Affirms summary judgment in favor of the Moredocks and against Byers. Finds the Moredocks as owners of the property and landlords did not have a duty to ensure their tenant’s dog was properly restrained.
Supreme Court voids Maryland tax similar to Indiana tax
The Supreme Court of the United States on Monday struck down a Maryland tax that has the effect of double-taxing income residents earned in other states.
Police immune from lawsuit over arrest of mentally ill woman
The Supreme Court of the United States ruled Monday that police are immune from a lawsuit arising from the arrest and shooting of a mentally ill woman in San Francisco.
Property owners have no duty for tenant’s free-running dog
Although the landlords provided the means to restrain the tenant’s dog, they are not responsible for the injuries a motorcyclist sustained when the pooch dashed into the road and caused an accident.
Justices make it easier to sue over 401(k) plans
The Supreme Court of the United States ruled unanimously Monday in favor of participants in employee retirement plans who object to companies’ investment decisions that eat into retirement savings.
SCOTUS: Convicted felons can sell their guns
A unanimous Supreme Court of the United States ruled Monday that the government can’t prevent a convicted felon who is barred from possessing firearms from trying to sell his guns after they are confiscated by authorities.
6 selected for ICLEO internships
Six law school students have been chosen to participate in the 2015 Carr L. Darden Conference for Legal Education Opportunity internship program.
Court of Appeals interviews to be held June 10
Eight judges and lawyers vying for appointment to the Indiana Court of Appeals will be interviewed June 10 by the Indiana Judicial Nominating Commission. The commission will recommend three finalists to Gov. Mike Pence, who will select the person to succeed Judge Ezra Friedlander, who is retiring at the end of August.
Boston Marathon bomber sentenced to death
A jury sentenced Dzhokhar Tsarnaev to death Friday for the Boston Marathon bombing, sweeping aside pleas that he was just a "kid" who fell under the influence of his fanatical older brother.
Southern District New Albany magistrate takes oath
New Albany attorney Van T. Willis, a senior partner with Kightlinger & Gray LLP, was sworn in Friday as a new part-time magistrate judge in the U.S. District Court for the Southern District of Indiana by Chief Judge Richard L. Young.
Admission of recording is harmless error
A recording of a victim’s conversation with friends should not have been admitted into evidence at trial, but the Indiana Court of Appeals ruled it was a harmless error.
Opinions May 15, 2015 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: R.J.J., T.J., and R.L.J. (Minor Children) and R.A. (Father) v. The Indiana Department of Child Services (mem. dec.)
02A04-1410-JT-513
Juvenile. Affirms termination of parental rights.
Scott Wolf v. State of Indiana (mem. dec.)
82A01-1410-CR-433
Criminal. Affirms convictions of Class A felony counts of dealing methamphetamine and conspiracy to deal methamphetamine.
Christian Ricker v. State of Indiana (mem. dec.)
71A03-1407-CR-266
Criminal. Affirms convictions of Class A felony child molesting, Class C felony child molesting and Class D felony intimidation.
In Re: The Estate of Margaret S. Jones: John A. Jones, Jr. v. Joyce E. Schaefer and Suzanne D. VanGombos, Alexandra Margaret Windle, Sean Frances Windle, Charlene J. Windle (mem. dec.)
29A02-1410-ES-736
Estate. Affirms in part, reverses in part. Affirms trial court finding that John A. Jones was liable for property taxes due and payable in 2013; concludes the court erred in holding Jones liable for repair costs and in ordering an award of attorney fees. Remands with instructions to enter a new order consistent with the opinion.
Terry W. Waugh, Jr. v. State of Indiana (mem. dec.)
71A03-1408-CR-312
Criminal. Affirms convictions of three counts of child molesting, one as a Class A felony and two as Class C felonies, as well as the 66-year prison sentence imposed.
James Miske, Jr. v. State of Indiana (mem. dec.)
79A02-1409-CR-619
Criminal. Affirms convictions of rape, two counts of criminal deviate conduct, all Class A felonies; Class C felony criminal confinement; Class D felony counts of strangulation, intimidation and domestic battery; and Class A misdemeanor charges of battery and resisting law enforcement. Also affirms aggregate 145-year prison sentence.
Opinions May 15, 2015
Indiana Tax Court
Lee and Sally Peters v. Lisa Garoffolo, Boone County Assessor, and the Indiana Board of Tax Review
49T10-1207-TA-42
Tax. Affirms the Indiana Board of Tax Review’s 2010 assessment of a Zionsville office building owned by Lee and Sally Peters. The Indiana Board of Tax Review did no err in upholding the 2010 real property assessment.
Tax Court affirms Zionsville office assessment
The Indiana Tax Court on Thursday affirmed the real estate assessment of an office building on Zionsville’s Main Street in Boone County.