Georgia woman files suit in Indiana Megabus crash
A Georgia woman injured when a double-decker bus crashed in southern Indiana is suing Megabus over medical bills and lost wages stemming from her injuries.
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Driver’s lack of appellee brief reinstates license revocation
A motorist who won a trial court judgment vacating the suspension of his driver’s license didn’t file a brief when the Bureau of Motor Vehicles appealed the decision and, therefore, lost his challenge of the BMV action.
Opinions Dec. 30, 2014 ILD
Indiana Court of Appeals
Timothy Johnson v. State of Indiana (NFP)
33A01-1406-CR-251
Criminal. Reverses and remands to trial court to amend sentencing order. Rules that classifying Johnson as a credit-restricted felon violates constitutional prohibitions against ex post facto laws.
Sonia Long, et al. v. Heartland Residential Services, Inc., et al. (NFP)
09A05-1308-CT-434
Civil tort. Affirms dismissal of Long’s complaint with prejudice under Indiana Trial Rule 41(A)(2).
Kevin D. Morris v. State of Indiana (NFP)
02A03-1406-CR-216
Criminal. Affirms Morris’ 20-year aggregate sentence for Class C felony battery and Class D felony criminal recklessness and for being a habitual offender.
William E. Bowen v. State of Indiana (NFP)
02A05-1405-CR-246
Criminal. Affirms convictions for sexual misconduct with a minor as a Class B felony and sexual misconduct with a minor as a Class C felony.
Darren Rayford v. State of Indiana (NFP)
03A01-1405-CR-190
Criminal. Affirms denial of Rayford’s motion to correct error that challenged the revocation of his work release placement.
William Lee, Sr. v. Anonymous Psychologist I (NFP)
71A03-1404-CT-109
Civil tort. Affirms order granting the motion for summary judgment in favor of Anonymous Psychologist I.
Adolph L. Buckner v. HSBC Mortgage Services, Inc., and LSF8 Master Participation Trust (NFP)
29A04-1404-MF-182
Mortgage foreclosure. Affirms denial of Buckner’s motion to correct errors and motion to vacate summary judgment.
Justin Knight v. State of Indiana (NFP)
82A05-1406-CR-286
Criminal. Affirms conviction for battery, a Class A misdemeanor.
Demerius Shaw v. State of Indiana (NFP)
49A02-1403-CR-207
Criminal. Affirms conviction for murder. Also affirms 60-year sentence and order that it be served consecutively with a 50-year sentence ordered by a federal court for unrelated crimes.
Ryan Allen Klug v. State of Indiana (NFP)
03A01-1406-CR-253
Criminal. Affirms 60-year sentence for pleading guilty but mentally ill to murder, a felony.
Armana Cottrell v. State of Indiana (NFP)
82A04-1402-CR-74
Criminal. Affirms convictions for attempted battery by means of a deadly weapon, a Class C felony, and two court of intimidation, as Class C felonies.
Michelle Barnes and Raymond Surzycki v. Prairie Horse Farms, LLC (NFP)
53A01-1404-PL-178
Civil plenary. Affirms order granting a permanent injunction in favor of Prairie Horse Farms with regard to an easement on land owned by Barnes and Surzycki in favor of land owned by Prairie Horse Farms.
Timothy S. Enders v. Estate of Randall Enders (NFP)
71A04-1407-PL-332
Civil plenary. Affirms order providing that Timothy Enders and the estate of his deceased brother, Randall, are each entitled to 50 percent of the net proceeds of the liquidation of their family business.
Wiley Parsons v. State of Indiana (NFP)
49A05-1401-CR-33
Criminal. Affirms conviction for promoting prostitution, a Class C felony. Finds the trial court did not abuse its discretion in limiting Parsons’ cross-examination and that Parsons’ statements, through the detective’s recollection, were competent, admissible evidence.
Opinions Dec. 30, 2014
Indiana Court of Appeals
Jeffrey Hewitt v. Westfield Washington School Corp; Board of School Trusties of Westfield Washington School Corp. et al.
29A04-1403-PL-130
Civil plenary. Reverses grant of summary judgment in favor of Westfield Washington School Corp. and related defendants, holding they had not met the onerous burden of showing there are no issues of material fact entitling them to judgment as a matter of law. Hewitt, a former school principal, was fired for a sexual relationship with a teacher he supervised. He then sued the school system for breach of contract and denial of due process. His suit is remanded for further proceedings.
COA affirms judgment for seller in voided land deal
Sellers of property that had been designated as the second phase of a Gatorade distribution facility in Hendricks County were properly awarded specific performance of a contract to sell the land after the buyer backed out, the Court of Appeals held.
Pulling a switcheroo leads to felony conviction
A man who switched seats to help a friend failed to convince the Indiana Court of Appeals that he unknowingly put himself in the hot seat.
Insurer owes no duty in dispute between sibling ex-law partners
A dispute between a brother and sister as their law firm partnership was dissolving was an employment-related matter covered by an insurer’s exclusionary clause, the Indiana Court of Appeals held Tuesday, reversing a trial court order.
Principal fired for relationship with teacher wins appeal
A Westfield elementary school principal fired in 2011 for a consensual sexual relationship with a teacher he supervised won an appeal of his lawsuit against the school corporation, which had been granted summary judgment by the trial court.
Clark County prosecutor stepping down after 25 years
After serving as the Clark County prosecutor for 25 years — the longest term of a prosecutor in the county's history — Steve Stewart is moving on to new challenges.
2014 Year in Review
This year could be described as a historic one for Indiana. The state's ban on gay marriage was overturned by the courts, and, for the first time, a woman was chosen as chief justice of the Indiana Supreme Court. In fact, women are leading most of the courts in Indiana. In 2014, we saw changes in the law schools, a new criminal code implemented, and attorneys in trouble with the court and the law. (Remember the attorney who doesn't like to wear socks?)
YIR: Notable attorneys announce retirements
John D. Tinder (IL file photo) Three big names in the Indiana legal community announced in 2014 that they would be retiring, although one judge’s decision got out before he was ready to make it public. 7th Circuit Court of Appeals Judge John D. Tinder will retire in 2015 when he turns 65. That news […]
E-filing, reporting of pro bono hours starting in 2015
The Indiana Supreme Court issued an order in May for state courts to begin the transition to e-filing in 2015. Indiana has some experience with e-filing. Marion and Lake counties, the state’s two most populous, have had pilot projects in place for years since the Supreme Court authorized them in 2006. Those pilots will continue. […]
Award for HIPAA violation raises liability concerns
A Marion County jury award of $1.4 million upheld by the Indiana Court of Appeals in November was called a “game-changer” for health care providers whose employees handle private medical information, according to one attorney. Abigail Hinchy was awarded the million-dollar verdict after her ex-boyfriend’s then-girlfriend, who was a Walgreen pharmacist, accessed her drug records […]
IndyBar: Getting Along Is Not Wrong: Ask Yourself the Question
Holly Wanzer shares some of the best advice she’s received regarding civility.
YIR: Class action alleges civil rights violations by Clark drug court
Forty people who participated in the Clark County Drug Court say they were allowed to languish in jail without a hearing, attorney or other due process. The participants filed a lawsuit, which was certified as a class action in September. Plaintiffs include Destiny Hoffman, who furnished a diluted drug screen and was sanctioned with a […]
YIR: Judge tosses Marion Superior judicial election system
Speaking of Marion Superior Court, the way those judges have been elected since the 1970s may be about to change. In October, a federal judge ruled the Marion Superior judicial election system is unconstitutional. Marion County is the only Indiana county that uses the unique hybrid method of trial judge selection. The method was instituted […]
Abrams: For the in-house attorneys
I recently led a panel discussion among three in-house attorneys, J. Scott Enright with Emmis Communications, Ann Dee with Duke Realty and Chad Pryor with HighPoint Global. The panel was convened in coordination with a corporate counsel survey conducted by the Indiana Lawyer and co-sponsored by Benesch.
YIR: Justices want Marion County Small Claims Courts in with Superior Court
In September, the Indiana Supreme Court recommended abolishing the current system used for Marion County Small Claims Courts and unifying them with the Superior Court’s Civil Division effective Jan. 1, 2016. The system is unique in the state, with the nine townships in Marion County each having a court. The recommendation comes on the heels […]
Unusual punishment: Watch what you say, and wear socks
A Crown Point attorney’s discipline in April made headlines, with some fearful the ruling would have a chilling effect on lawyers everywhere. Tim Kelly received a private reprimand for testimonials that appeared on the Law Tigers website, over which he had no content control. “The grievances that formed the basis for the disciplinary action came […]
IndyBar: Criminal Justice Section Honors Colleagues at Holiday Party
Members of the IndyBar Criminal Justice Section took time to recognize the contributions and achievements of several of their colleagues at the section’s holiday party, held Thursday, Dec. 18 at J. Edgar Law Offices.