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Leadership in Law 2015: Hon. Sheila M. Corcoran

Sheila Corcoran is a dedicated attorney and judicial officer who goes above and beyond to mentor young attorneys and encourage others to get involved in professional and community organizations. And she walks the talk: Sheila volunteers with numerous organizations including Vanderburgh County CASA Inc. and Legal Aid Society of Evansville Inc., and she is the […]

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Opinions April 24, 2015

Tax. Affirms the Indiana Department of Local Government Finance did not err in denying the Clark County Board of Commissioners’ request to increase the county’s Cumulative Capital Development Fund tax rate for the 2012 budget year. The DLGF’s consideration of the board’s purpose for requesting an increase to the CCDF’s tax rate was proper, and neither I.C. 6-1.1-41 nor 36-9-14.5-2 authorize an increase to the CCDF tax rate for the purposes Clark County intended.

Judges dismiss appeal over deposition prep time

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

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

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

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

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.

Opinions April 23, 2015 ILD

Indiana Court of Appeals
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. 
 
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. 
 
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. 
 
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. 
 
49A02-1410-CR-710
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.  

Bank wins partial victory in suit stemming from overdraft fees

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

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

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

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

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

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.

Monroe Circuit courts closed until April 26

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.

Opinions April 22, 2015 ILD

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.