Southern District seeks comment on proposed rule changes
The U.S. District Court for the Southern District of Indiana is currently seeking comments on proposed revisions to two local rules dealing with filing records under seal.
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Court rejects Meyers’ claims his trial counsel was ineffective
John R. Myers II, the man convicted of killing Indiana University student Jill Behrman in 2000, was unable to convince the Indiana Court of Appeals that his father-son trial counsel team was ineffective during his murder trial.
There’s a new kind of lateral hiring going on
A number of partners are moving to new roles as law firms begin to emulate their corporate clients. C-suite jobs like chief talent officer and chief innovation officer are popping up, filled by partners asked to try something new.
Where the clients ‘are no stoned-out hippies’
Small firms, like Brian Vicente’s in Denver, have been advising clients on marijuana law issues for several years. Now even some bigger corporate firms are tiptoeing into the business.
Boston Marathon bomber to be sentenced June 24
Boston Marathon bomber Dzhokhar Tsarnaev will be formally sentenced to death on June 24.
Parties’ oral modification of land agreement unenforceable
The Indiana Court of Appeals upheld the decision by a trial court finding an oral agreement between a buyer and seller that modified a written land contract had to be in writing based on the Statute of Frauds and that the buyer defaulted on the terms of the agreement.
No abuse in giving jury instruction, but COA still reverses 1 conviction
A trial court did not abuse its discretion when it gave a jury instruction during an invasion of privacy trial, the Court of Appeals ruled, but the appeals court sua sponte did reverse one of two convictions because of double jeopardy.
Lawsuit says Mourdock gave chief deputy 3-year contract
A lawsuit by former Indiana Treasurer Richard Mourdock's chief deputy challenging his firing claims the official gave him a three-year, $300,000 contract before he resigned from office last year.
COA affirms admission of gun and photographs into evidence
A trial court did not abuse its discretion when it admitted as evidence a handgun and photographs of the gun found in a car being impounded after police discovered the driver did not own the car and believed it was unsafe to operate, the Court of Appeals held.
Judge concerned about doctor’s contradictory affidavit
An Indiana Court of Appeals judge found it troubling that a member of a medical review panel that unanimously found defendants breached their duty of care to a patient could later issue an affidavit in which he changed his mind relating to a doctor accused of medical malpractice.
Police did not induce woman to commit prostitution, COA rules
A woman who was arrested for prostitution after she agreed to have sex in exchange for money with an undercover detective outside of a strip club was not entrapped by the detective, the Court of Appeals held Wednesday.
Probationer’s admission to smoking marijuana supports revocation
Because a man on probation admitted to participating in unlawful conduct during his probationary period, the trial court correctly revoked his probation, the Indiana Court of Appeals ruled.
Opinions May 27, 2015 ILD
Indiana Court of Appeals
Sophia L. Masters v. Ryan E. Masters (mem. dec.)
30A04-1410-DR-488
Domestic relation. Affirms modification of physical custody of the parties’ two children to Ryan Masters.
Shellie S. Gryniewicz f/k/a Shellie S. Shih v. Daniel Shih (mem. dec.)
45A03-1412-DR-437
Domestic relation. Affirms order setting father’s child support obligation at $109 per week and ordering mother to pay the guardian ad litem fees and a portion of father’s attorney fees.
In the Matter of the Term. of the Parent-Child Relationship of: P.N., A.N. v. Ind. Dept. of Child Services (mem. dec.)
02A03-1412-JT-454
Juvenile. Affirms termination of parental rights.
Darrel Warren v. State of Indiana (mem. dec.)
49A02-1409-CR-597
Criminal. Reverses conviction for Class A misdemeanor carrying a handgun without a license.
J. Richard Presser, Rachel E. Presser, Kevin Kelley, Richard Sanderson, Rosemary Sanderson, Thomas Reis and Mary Reis v. North Indiana Annual Conference of the United Methodist Church, et al. (mem. dec.)
43A04-1405-CP-215
Civil plenary. Affirms judgment that the easement at issue in the 1994 judgment determining property rights relating to a plat of land and an easement located on the plat was an appurtenant easement.
Dominic Lowe v. State of Indiana (mem. dec.)
84A05-1412-CR-566
Criminal. Affirms sentence following guilty plea to Level 5 felony battery against a public safety officer and admitted he was a habitual offender.
Dominique Hamler v. State of Indiana (mem. dec.)
49A02-1407-CR-452
Criminal. Affirms convictions and sentence for murder, Class A felony attempted murder, and Class B felonies robbery and criminal confinement.
Opinions May 27, 2015
Indiana Court of Appeals
Tommy Lampley v. State of Indiana
48A04-1405-CR-231
Criminal. Affirms revocation of probation. Lampley admitted to participating in unlawful conduct during his probationary period.
COA upholds man’s belated appeal, molestation conviction
Citing the defendant’s limited understanding of English and his timely request for appellate counsel, the Indiana Court of Appeals affirmed the decision by the trial court to grant a man’s belated notice of appeal regarding a child molesting conviction.
How law firms use Facebook and other data to track down medical victims
For ambulance chasers, persistence and a phone book just don’t cut it anymore. Law firms, which once relied on television commercials, billboards, and cold calling numbers in the white pages to find plaintiffs for medical lawsuits, have begun to embrace technology. To locate their ideal pharma victims more quickly and at lower costs, they're using data compiled from Facebook, marketing firms, and public sources, with help from digital bounty hunters.
Obama loses second bid to implement overhaul of immigration
President Barack Obama’s bid to make overhauling immigration policy a second-term victory was dealt a serious blow as federal judges ruled the effort must remain on hold while 26 states sue to overturn it.
Environmental groups sue over Illiana Tollway approval
Illinois environmental groups have filed a lawsuit over the proposed Illiana Tollway. They claim federal approval relied on faulty information and didn't adequately consider environmental impacts.
Indiana securities commissioner abruptly resigns
Carol Mihalik resigned as Indiana’s securities commissioner, the state announced.
Judge believes lack of victim notification of plea supports vacating agreement
A Court of Appeals judge dissented from his colleagues on Tuesday when he voted to support a trial court’s decision to throw out a plea agreement on the day of sentencing. The trial court discovered the victim in the case had not been notified of the plea agreement.