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Judges dismiss appeal over deposition prep time

April 24, 2015

Because a trial court’s decision to deny ordering the defendants to pay for the time the plaintiffs’ expert witness spends preparing for his defense deposition is not a final judgment, the plaintiffs should have appealed under Ind. Appellate Rule 14(B). Since they did not, the Indiana Court of Appeals dismissed their appeal.

County can’t raise tax to fund emergency expenses

April 24, 2015

The Indiana Tax Court affirmed the decision by the Department of Local Government Finance to deny the Clark County Board of Commissioners’ request to increase the county’s Cumulative Capital Development Fund tax rate for the 2012 budget year. The county sought the additional funds for a rainy day fund and to cover unexpected emergency costs.

Lynch to be sworn in as US attorney general on Monday

April 24, 2015

United States Attorney General Loretta Lynch assumes a portfolio that includes fighting terrorism, preventing cyberattacks and dealing with police and race — issues strikingly similar to what she's dealt with as top federal prosecutor for much of New York City and its eastern suburbs.

SEC: Indy-based Veros’ farm loans defrauded 80 of $15 million

April 24, 2015

The Securities and Exchange Commission has filed a federal lawsuit against Indianapolis-based Veros Partners Inc. and multiple related co-defendants. The SEC alleges the financial advisers defrauded 80 farm-loan investors of $15 million in 2013 and 2014, using those proceeds to repay earlier investors.

Justices affirm LWOP sentence, admission of suicide note

April 24, 2015

A southern Indiana man challenging his robbery and murder convictions and sentence to spend the rest of his life in prison lost his appeal before the Indiana Supreme Court Thursday. The justices rejected the man’s claim that his sentence should be reduced to a term of years.

Madison Co. prosecutor asked to look into primary ballots

April 24, 2015

Election officials in a central Indiana county are asking authorities investigate ballots cast in its upcoming Democratic Party primary election.

Opinions April 23, 2015 ILD

April 23, 2015
Indiana Court of Appeals
Travis Ley v. State of Indiana (mem. dec.) 
84A05-1405-CR-206 
Criminal. Affirms denial of motion for discharge under Ind. Criminal Rule 4(C) and denial of Ley’s motion to correct error requesting a new trial based on juror misconduct. 
 
N.B. v. State of Indiana (mem. dec.) 
49A04-1410-JV-457 
Juvenile. Affirms true finding that N.B. committed what would be auto theft as a Level 6 felony if committed by an adult. 
 
Yovanda R. Vaughn, individually and as special representative of the Estate of Anderson Vaughn, Jr., deceased v. Christopher T. Haughn, M.D., Evansville Surgical Associates, et al. (mem. dec.) 
82A05-1408-CT-393 
Civil tort. Affirms grant of the defendant’s motion to strike Vaughn’s expert witness and the motion for summary judgment. 
 
Christopher Underwood v. State of Indiana (mem. dec.) 
10A05-1405-CR-234 
Criminal. Reverses conviction of Class D felony sexual battery and remands with instructions to enter the judgment as a Class B misdemeanor battery and resentence Underwood accordingly. 
 
Eric Lynn v. State of Indiana (mem. dec.) 
49A02-1410-CR-710
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.  

Bank wins partial victory in suit stemming from overdraft fees

April 23, 2015

A bank being sued by customers over how it orders transactions – allegedly to maximize profits from overdraft fees – is entitled to summary judgment on most of the state claims alleged by customers in a class-action lawsuit, the Indiana Court of Appeals ruled Thursday.

Handgun properly admitted at juvenile’s hearing

April 23, 2015

A handgun discarded by a teen after seeing a marked police car – and later picked up by the officer who saw the teen throw the gun into a yard – was properly admitted at his delinquency hearing, the Indiana Court of Appeals affirmed.

Opinions April 23, 2015

April 23, 2015

J.B. v. State of Indiana 

49A02-1409-JV-688

Juvenile. Affirms determination that J.B. committed what would be Class A misdemeanor dangerous possession of a firearm if committed by an adult. There were no federal or state constitutional violations by admitting evidence obtained during J.B.’s encounter with a police officer.  

IU McKinney to directly admit top IUPUI undergrads

April 23, 2015

Indiana University Robert H. McKinney School of Law announced Thursday that it has instituted a new program that allows undergraduates at Indiana University-Purdue University Indianapolis to skip taking the LSAT and apply directly to the law school.

Advisory opinion issued about ex parte petitions for temporary custody

April 23, 2015

The Indiana Commission on Judicial Qualifications has issued an advisory opinion to judges in response to numerous ethical complaints about judges granting ex parte petitions for temporary custody in non-emergency cases or when there was no attempt to provide notice to the adverse party.

Justices rule in favor of Anthem in excess insurance disputes

April 23, 2015

Anthem Inc. is entitled to its costs of settling litigation in which the insurance giant was accused of improperly handling claims, the Indiana Supreme Court ruled Wednesday. The reinsurance companies argued that coverage was barred based on the excess insurance policies.

Evansville Bar hosts annual law celebration

April 23, 2015

The Evansville Bar Association will once again be celebrating the law and the legal profession as part of its annual Law Week commemoration.

Monroe Circuit courts closed until April 26

April 22, 2015

Courts in Bloomington will be closed the rest of this week due to a plumbing backup that Monroe Circuit Court Presiding Judge Valeri Haughton said has created a health emergency.

Graham takes ceremonial oath on federal bankruptcy court

April 22, 2015

Jeffrey J. Graham was formally sworn in Wednesday as the newest – and youngest – judge on the U.S. Bankruptcy Court for the Southern District of Indiana.

Opinions April 22, 2015 ILD

April 22, 2015

Indiana Court of Appeals
Khamya Slayton v. State of Indiana (mem. dec.)
49A04-1410-CR-463
Criminal. Affirms conviction of Class A misdemeanor conversion and remands for the trial court to clarify its sentencing order.

Jamie Joe Hardy v. State of Indiana (mem. dec.)
09A02-1411-CR-797
Criminal. Affirms sentence following guilty plea to Class C felony child molesting and Class D felony dissemination of matter harmful to minors.

Cindy Brothers, As Personal Representative of the Estate of Kristopher Stately, Deceased, Alicia Arnold and Tiffany Arnold v. Lake Holiday Enterprises, Inc. (mem. dec.)
37A03-1410-CT-347
Civil tort. Reverses summary judgment in favor of Lake Holiday Enterprises in consolidated actions alleging wrongful death, negligence, emotional distress and other claims brought against Lake Holiday. Remands for further proceedings.

John E. Servies v. The Kroger Company (mem. dec.)
54A01-1408-PL-363
Civil plenary. Affirms judgment in favor of Kroger on Servies’ negligence complaint.

Mark Lax v. State of Indiana (mem. dec.)
71A04-1409-PC-417
Post conviction. Affirms denial of petition for post-conviction relief.

Robert Smith v. State of Indiana (mem. dec.)
49A05-1409-CR-440
Criminal. Affirms conviction of Class A felony dealing in cocaine.

In the Matter of the Termination of the Parent-Child Relationship of: A.G., M.G. v. Indiana Department of Child Services (mem. dec.)

79A02-1410-JT-701
Juvenile. Affirms termination of parental rights.

Switzer Farms v. Sylvia Switzer, as Trustee of the Frank E. Switzer Revocable Trust (mem. dec.)
86A04-1406-PL-292
Civil plenary. Reverses judgment for trust on Switzer Farm’s motion for declaratory judgment that it had leasehold rights to farmland owned by the trust. Remands for further proceedings.

Cody Boruff v. Tiffany Boruff (mem. dec.)
34A02-1412-DR-844
Domestic relation. Affirms decree of dissolution of marriage.

 

Opinions April 22, 2015

April 22, 2015

Indiana Court of Appeals
William I. Babchuk, M.D., P.C., d/b/a Babchuk Imaging, P.C., and William I. Babchuk v. Indiana University Health Tipton Hospital, Inc., d/b/a Indiana University Health Tipton Hospital
80A04-1409-PL-447
Civil plenary. Reverses order dismissing Babchuk’s complaint of breach of contract for failure to prosecute under Trial Rule 41(E).  While the trial court would have had discretion to dismiss Babchuk’s case for failure to prosecute had a timely motion been filed, the hospital did not file its motion to dismiss before Babchuk had resumed prosecution of his case. Remands for further proceedings.

Court reverses convictions from robbery due to double jeopardy concerns

April 22, 2015

Three of a man’s eight convictions stemming from his robbery of acquaintances were reversed or reduced because  the convictions or elevated classes were based on the same elements of the crime, the Indiana Court of Appeals held Wednesday.

Attorney did not breach any duty owed to Conour clients

April 22, 2015

An Indianapolis attorney who spent several years working in a firm with attorney William Conour satisfied his legal duty to clients of Conour based on his lack of knowledge of any specific wrongdoing by Conour related to the clients, the Indiana Court of Appeals ruled. Conour is currently in federal prison for stealing from client settlement funds.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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