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A submitted trial report on Barden v. State Farm Fire and Casualty Insurance Co.
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On the Move – 2/25/15
Read who has recently joined an Indiana firm, been promoted or received an award.
‘No relief’ for law school enrollment slump
After three down years for law school enrollment, Austen Parrish expected a rebound of applications and enrollment this year at Indiana University Maurer School of Law. But it isn’t happening.
Rising cost of legal education sparked creation of ABA task force
At public law schools, the average tuition and fees across the country for in-state residents skyrocketed 123 percent between 2003 and 2013. Private law schools were marginally better, logging an increase of 64 percent, according to a 2014 analysis by Robert Kuehn, professor at Washington University School of Law in St. Louis.
Amended complaint: Marion County inmates held days after release ordered
Released inmates in Indianapolis are subjected to a “standard operating procedure” of re-arrest and being held behind bars – sometimes for days – after being acquitted, freed by a judge or posting bond, alleges an amended federal complaint filed against the Marion County Sheriff’s Department.
Court of Appeals finds no standing post-adoption, suggests legislative remedy
An Indiana appeals court empathized with a grandmother’s situation, but it ruled the law gave the court no choice but to strip her of visitation with her granddaughter, whose mother – the grandmother’s daughter – had died.
IU McKinney observers illuminate murky proceedings in Gitmo trials
The U.S. Military Commission Observation Project overseen by Indiana University Robert H. McKinney School of Law is continuing to send individuals to watch and report on the accused terrorists’ trials being held at Guantanamo Bay. Blog posts and articles from the observers chronicle the glacial pace of the proceedings, the unexpected courtroom twists and the nagging constitutional questions.
Rare emergency suspension issued by Supreme Court
Merrillville attorney Robert E. Stochel spent a few nights in jail after a judge found him in contempt for his evasiveness, but so far he’s avoided criminal charges despite allegedly stealing hundreds of thousands of dollars from clients and a former associate.
Bill would let Indiana businesses battle patent trolls in state courts
A bill, authored by Bedford Republican Rep. Eric Koch, would prohibit a person from asserting a bad-faith claim of patent infringement and would enable the Indiana business accused of infringing to seek remedy in state court.
Opinions Feb. 23, 2015 ILD
The 7th Circuit Court of Appeals issued no Indiana opinions, and Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions prior to IL Daily deadline.
Menard: Toss Hilberts’ attorneys for wrongdoing
Lawyers for Indianapolis power couple Steve and Tomisue Hilbert are slinging “ludicrous allegations” of witness tampering just to cover up their own wrongdoing, according to the latest broadside from the attorneys representing John Menard, the Hilberts’ former business partner.
Council members: Delay justice center decision until after election
The odds the Indianapolis City-County Council will approve plans for a new criminal justice center this year are tanking fast.
Friedlander to resign from Court of Appeals
Indiana Court of Appeals Judge Ezra Friedlander will retire in August, the court announced Monday, about a year-and-a-half before he would have faced mandatory retirement.
Justices won’t give lawyers access to secret court records
The Supreme Court of the United States will not consider giving a man accused of trying to ignite a bomb in downtown Chicago access to secret intelligence-court records.
Report: Ex-Purdue chancellor’s forced retirement bungled
A newly released report that Purdue University had fought in court to keep secret concluded that school officials bungled the forced retirement of Indiana-Purdue Fort Wayne's former chancellor, causing his departure to turn into an “ugly situation.”
Lawmakers poised to vote on allowing Sunday alcohol sales
State lawmakers are poised to vote on bills to legalize Sunday carry-out alcohol sales and repeal Indiana's law that sets wages for public construction projects.
7th Circuit reverses denial of disability benefits
An administrative law judge’s denial of Social Security disability benefits for a man who the Veterans Administration determined was totally disabled cannot be sustained, the 7th Circuit Court of Appeals ruled Friday.
COA finds dual conviction violated double jeopardy
On a sua sponte review, the Indiana Court of Appeals overturned one conviction of a Hamilton County woman who was found guilty of charges surrounding the death of an infant in her care.
Appeals court opens RX database to defendant’s subpoena
A woman charged with possession of a controlled substance who claimed she had a prescription may seek information from the state prescription database, the Indiana Court of Appeals held in a reversal.
Opinions Feb. 20, 2015 ILD
Indiana Court of Appeals
Kevin Watson v. State of Indiana (mem. dec.)
49A02-1408-CR-536
Criminal. Affirms Watson’s conviction of Class A misdemeanor battery after a fight with his half-sister. Concludes that evidence is sufficient to rebut his self-defense claim.
In the Matter of: E.A., Jr., Child in need of Services, and E.A., Sr. (Father) and N.A. (Stepmother) v. The Indiana Department of Child Services (mem. dec.)
20A03-1410-JC-360
Juvenile CHINS. Remands to the trial court for more specific findings regarding its reasoning for the adjudication of E.A. as a child in need of services.
Larry Marshall v. State of Indiana (mem. dec.)
48A02-1406-CR-459
Criminal. Affirms the revocation of Marshall’s two-year work-release placement and two-year suspended sentence and the order for him to serve his sentence in the Indiana Department of Correction.
Danny Lewis v. State of Indiana (mem. dec.)
29A04-1409-CR-440
Criminal. Affirms conviction of one count of invasion of privacy, as a Class A misdemeanor.
Keytron W. Johnson v. State of Indiana (mem. dec.)
02A05-1408-CR-370
Criminal. Reverses and remands the trial court’s denial of Johnson’s pro se petition seeking credit time for completing various education programs. Concludes the denial was premature and contrary to the procedure established in the post-conviction rules.
David A. Brewster v. State of Indiana (mem. dec.)
01A02-1408-CR-559
Criminal. Affirms four-and-a-half-year sentence for pleading guilty to domestic battery, a Class D felony; disorderly conduct, a Class B misdemeanor under Cause Number 138; domestic battery, a Class D felony; and invasion of privacy, a Class A misdemeanor under Cause Number 184.
Troy Shawn Meyers v. State of Indiana (mem. dec.)
45A03-1405-CR-176
Criminal. Affirms conviction of Class C felony involuntary manslaughter.
Jesse Edward Atwood v. State of Indiana (mem. dec.)
73A01-1407-CR-324
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct stemming from a physical altercation between Atwood and another jail inmate.
Imari Butler v. State of Indiana (mem. dec.)
49A04-1406-CR-284
Criminal. Affirms Butler’s adjudication as a habitual offender.
Charles M. Woolsey v. State of Indiana (mem. dec.)
19A01-1407-CR-301
Criminal. Reverses summary denial of Woolsey’s petition for post-conviction relief. Finds Woolsey pleaded sufficient facts to raise an issue of possible merit. Remands for further proceedings on his ineffective assistance of counsel claim.