DTCI: Remembering my time with popcorn and lost traditions
What will your kids remember about their childhood – high scores on "Call of Duty" or "iFunny"; or you and time with popcorn?
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Federal Bar Update: Southern District’s uniform protective order
Throughout 2014, a subcommittee of the U.S. District Court for the Southern District of Indiana’s Local Rules Committee, including Magistrate Judges Denise LaRue and Debra McVicker Lynch, was hard at work on a proposed uniform protective order.
Riggins: The effects of Obama’s immigration executive actions
A debate is being waged regarding the effects of the executive actions. Proponents tout ameliorative socioeconomic effects, while opponents decry a thinly veiled grant of amnesty. In this landscape, it is important to understand the intent and effect of the executive actions.
Changes being considered for medical malpractice claims
More medical malpractice cases could be filed directly in state trial courts without first having to go through the exhaustive and mandatory medical review process under legislation pending in the Indiana Senate. A proposal in the Indiana House of Representatives aims to raise the caps on damages and insurer liability.
Bill to open adoption records moves forward
Indiana has nothing to fear from abandoning long-established practice and following the lead of numerous states in order to allow some 350,000 adopted Hoosiers access to their birth records, a leading national advocate said.
Attorney reaction spurs tweaks of pro bono reporting rule
During a January lunchtime meeting of the Elkhart City Bar Association, attorneys served a plateful of questions about the state’s new mandatory pro bono reporting rule and ladled on some skepticism.
Rush rolls out commercial court plan in State of Judiciary
Commercial courts heralded by Indiana Chief Justice Loretta Rush in her first State of the Judiciary address could be in business soon, with the first pilots launching as early as this summer, according to judges and lawyers involved in developing the plans.
Partial-termination dispute gets full treatment from court
After nearly 19 years and five appearances before the 7th Circuit Court of Appeals, a dispute over retirement benefits has ended where it began and elicited an admission of mistaken interpretation from the court.
Trust proposal in Legislature would shield assets from creditors, permit perpetuity
Assets could be shielded from creditors and passed down to numerous generations under a legacy trust proposal being considered by the Indiana General Assembly. The proposed estate-planning device would be exempt from the rule against perpetuities.
‘Dead Man Walking’ author calls for judicial reform
Sister Helen Prejean, at a recent talk at Valparaiso University, called the death penalty process “unjust.”
Valparaiso Law Dean Andrea Lyon built a career battling the death penalty
Lyon remains a passionate, unwavering opponent of capital punishment. Her career path has turned from the courtroom to education. The dean of Valparaiso University Law School maintains a strong connection to death penalty work.
Opinions Jan. 26, 2015 ILD
Not For Publication
Ronnie Lewis v. State of Indiana
49A02-1404-CR-264
Criminal. Affirms conviction of attempted murder, a Class A felony.
Ralph Hughett v. State of Indiana
10A05-1406-CR-280
Criminal. Affirms 50-year sentence for Hughett’s guilty plea to one count of Class A felony child molesting and one count of Class C felony child molesting.
O'Neal Flat Rolled Metals, LLC v. Major Tool and Machine, Inc., Tishman Construction Corp., Permasteelisa N.A. Corp., et. al.
49A04-1312-PL-624
Civil Plenary. Affirms dismissal of O’Neal’s amended complaint against the defendants. Finds the Bankruptcy Court has exclusive jurisdiction over the steel O’Neal supplied to American Architectural, Inc.; therefore O’Neal’s claim in the Marion Superior Court that the defendants converted that same steel was properly dismissed.
Opinions Jan. 26, 2015
Indiana Court of Appeals
Curt Pearman d/b/a Greenwood Professional Park v. T. Ryan Jackson and Kristin M. Jackson
41A04-1408-CC-381
Civil collection. Affirms granting of partial summary judgment in favor of the Jacksons. Finds the Jacksons did not breach the terms of their lease agreement when they moved from their office five months after their initial three-year lease expired. Ruled the “clear and unambiguous terms of the lease agreement” allowed the Jacksons to continue to occupy the space on a monthly basis without having to sign another three-year lease.
Lack of evidence allows periodontists to leave office space
Having failed to produce sufficient evidence that the terms of a lease agreement had been waived, a landlord will have to allow a pair of tenants to vacate the property with no financial penalty.
Mock trial volunteers needed
Indiana attorneys are being offered the opportunity to show off their judicial skills. The Indiana Bar Foundation is seeking lawyers to volunteer as judges during the 2015 Indiana High School Mock Trial Competition.
Explosion case cemented Richmond attorney’s reputation
Kent Klinge learned the basics of law in school. But it was in a Connersville courtroom where he became a lawyer. Klinge, who was one of the top trial lawyers in Richmond for more than 25 years in the 1970s, '80s and '90s, retired from practice as a partner at Boston Bever Klinge Cross & Chidester in Richmond on Jan. 1 after a 47-year career.
Supreme Court permanently bans Muncie judge
A Muncie judge who was previously suspended for 13 counts of judicial misconduct and for using racial slurs recorded on video has been given a lifetime ban from serving on the bench.
Opinions Jan. 23, 2015 ILD
Indiana Court of Appeals
Thomas J. Thacker v. State of Indiana (NFP)
35A02-1408-CR-539
Criminal. Affirms two three-year concurrent sentences for two convictions of Class D felony theft.
Ataul Shafeek, Jr. v. State of Indiana (NFP)
89A01-1403-CR-147
Criminal. Affirms 56-year sentence for conviction of murder.
Aaron Johnson v. State of Indiana (NFP)
71A03-1404-PC-111
Post conviction. Affirms denial of post-conviction relief.
In the Matter of the Adoption of K.L., K.D. v. S.W. & M.W. (NFP)
14A05-1406-AD-288
Adoption. Affirms the trial court’s decree granting adoption of K.L.
Douglas Hobbs v. State of Indiana (NFP)
41A01-1406-CR-247
Criminal. Affirms conviction of Class D felony theft.
James Mayhugh v. State of Indiana (NFP)
82A01-1403-CR-133
Criminal. Affirms 50-year sentence for convictions of murder and Class D felony theft.
In the Matter of: V.B., P.B. & B.B., Children Alleged to be Chins and A.B. v. The Ind. Dept. of Child Services (NFP)
09A02-1407-JC-518
Juvenile. Affirms adjudication of children in need of services.
Larry Gentry v. State of Indiana (NFP)
24A04-1403-CR-144
Criminal. Affirms 15-year executed sentence for conviction of Class B felony operating a vehicle while intoxicated resulting in death.
Howard Jackson v. State of Indiana (NFP)
49A02-1406-CR-402
Criminal. Affirms 25-year executed sentence and convictions of Class A felony dealing in a narcotic
Opinions Jan. 23, 2015
7th Circuit Court of Appeals
Visteon Corp. v. National Union Fire Insurance Company of Pittsburgh, Pa.
14-2725
Chief Judge Richard Young, U.S. District Court for the Southern District of Indiana, Indianapolis Division.
Affirms judgment in favor of National Union on its denial of coverage for toxic chemical pollution at a Connersville Visteon auto parts factory that also contaminated neighboring properties. The District Court properly applied Michigan law, holding that Visteon was not entitled to coverage and dismissed the case.
7th Circuit affirms Michigan law applies to Visteon pollution claims
A federal court in Indianapolis properly dismissed a lawsuit Visteon Corp. filed against its insurer seeking to recover damages resulting from toxic pollution at its former Connersville plant that also contaminated neighboring properties.