Attorney faces meth charges in 2 counties
The Indiana Supreme Court Disciplinary Commission seeks an emergency suspension of a Corydon lawyer’s license to practice.
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Leonard: Proposed rule expands safe harbors under federal Anti-Kickback Statute
The United States Department of Health and Human Services Office of Inspector General recently published a proposed rule seeking to add new safe harbors to the Anti-Kickback Statute, as well as amend certain existing safe harbors within the rule.
Preparing for Ebola
The first Ebola cases in the United States caused panic that Indiana legal and medical experts say has receded somewhat as public health systems contained the virus and educated people about the risks of the disease and the perils of overreacting.
Indianapolis attorney turns pastime into an album of children’s music
Dave Heger, an in-house counsel for AES Corp., is a musician in his off-hours, playing guitar and making up songs for his two children. He turned those snippets of melodies into songs and turned those songs into an album.
Dean’s Desk: Truly integrated experiential education
Legal education has lost its way. While many law schools seek to update and modernize their approach through the adoption of some required skills instruction and the addition of clinical experiences for more of their students, a significantly more aggressive approach is necessary to reform legal education fully and prepare law students to enter the practice of law today.
SCOTUS hears case of fisherman caught in Sarbanes-Oxley net
A dispute involving six-dozen undersized fish has a group of legal scholars arguing the federal government’s tendency to broadly interpret the criminal code runs the risk of making everyone guilty of an illegal act.
Globalization increases demand for foreign experience
Exchange programs with law schools in China are providing valuable experience to students who want to build careers in international or corporate law, attorneys say.
Indiana law schools part of a trend to establish exchanges with China
In addition to the scholarly research and visiting professorships, student exchanges between China and three Indiana law schools – IU McKinney, IU Maurer and Notre Dame Law School – give students in both countries the opportunity to learn about the law of another country as well as its culture and history.
Adoption case presents issues of first impression
Adoption laws are evolving, as evidenced by a case before the Indiana Supreme Court and a separate push for a pre-birth abandonment bill aimed at biological fathers who don’t support their baby’s mother during pregnancy.
Delay of protection order hearing called ‘disturbing’
The Indiana Court of Appeals called a trial court’s delay in setting a hearing on a petition for a permanent protection order “disturbing” and found the lower court’s denial of the order did not comply with the state’s trial rules.
Opinions Nov. 17, 2014 ILD
Indiana Court of Appeals
Ben Robinson v. State of Indiana (NFP)
71A03-1312-PC-489
Post conviction. Affirms denial of post-conviction relief.
In the Matter of the Termination of the Parent-Child Relationship of R.A., R.A. v. Indiana Department of Child Services (NFP)
49A02-1403-JT-196
Juvenile. Affirms termination of parental rights.
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Opinions Nov. 17, 2014
Indiana Court of Appeals
In the Matter of the Walter Penner Trust Under Agreement Created by the Grantor, Walter Penner on April 13, 2010, Stanley Penner v. Ronald Penner
45A03-1212-TR-516
Trust. Affirms trial court’s denial of Stanley Penner’s Petition for Trustee’s Accounting, for Order to Sell Real Estate, and Related Matters. Also affirmed trial court’s order that Stanley pay $13,166 in attorney fees to the Penner Trust. Remands for the trial court to determine and order Stanley to pay the appellate attorney fees for the trust. Finds Ronald did not breach the trust. The language of the trust is unambiguous and, therefore, overrides the state statutes that require trusts to provide access to an accounting.
Language of trust overrides statutes, COA rules
A man’s promise to sue his brother and deplete their father’s trust of its assets resulted in him being ordered to pay $13,166 in attorney fees to the trust.
Human trafficking prevention training to be held Tuesday
A “train the trainer” event Tuesday aims to provide tools to increase youth awareness of human trafficking and sexual exploitation crimes.
Denomination loses appeal in favor of breakaway church
A church denomination failed to prove to the Indiana Court of Appeals that it was entitled to the property of a congregation that broke away.
Conviction for hit-and-run fatality affirmed
The conviction of a driver who struck and killed a woman while she walked on a busy street during a rainstorm was affirmed Monday by the Indiana Court of Appeals.
Court to consider when second mortgage can be void
The Supreme Court said Monday it will decide whether homeowners who declare bankruptcy can void a second mortgage if the home's market value has dropped below the amount they owe on the first mortgage.
Same-sex marriage issue squarely before high court
A same-sex couple from Michigan is putting the question of the right to marry nationwide squarely before the Supreme Court.
COA rules contract with missing elements is still valid
A Hamilton County man failed to convince the Indiana Court of Appeals that the absence of start and completion dates along with his name rendered his contract with a home improvement company invalid.
Opinions Nov. 14, 2014 ILD
Indiana Court of Appeals
Trinity Ross v. State of Indiana (NFP)
49A02-1402-CR-126
Criminal. Affirms convictions for Class A misdemeanor resisting law enforcement and Class B misdemeanor public intoxication.
In the Matter of the Termination of the Parent-Child Relationship of: K.B., Minor Child, and A.B., Mother v. The Indiana Department of Child Services (NFP)
13A04-1405-JT-206
Juvenile. Affirms termination of parental rights.
Rafael Walker v. State of Indiana (NFP)
49A04-1404-CR-191
Criminal. Affirms convictions of murder and Class C felony robbery.
Shari Melton v. State of Indiana (NFP)
75A03-1403-CR-105
Criminal. Affirms conviction of Class D felony possession of methamphetamine. Reverses conviction of Class A misdemeanor possession of marijuana for lack of evidence demonstrating Melton knew of its presence in a house she shared with others.
Forrest R. Ferguson v. State of Indiana (NFP)
49A02-1406-CR-406
Criminal. Grants rehearing to correct statements that the court lacked jurisdiction to consider Ferguson’s untimely appeal but finds notwithstanding the erroneous references that dismissal of his appeal was warranted.
Henry Morales v. State of Indiana (NFP)
49A02-1403-CR-175
Criminal. Affirms conviction of Class A misdemeanor patronizing a prostitute.
Cody Waldrip v. State of Indiana (NFP)
53A05-1404-CR-154
Criminal. Affirms conviction of Class B felony escape.
Ryan K. Hensley v. State of Indiana (NFP)
19A04-1403-CR-113
Criminal. Affirms denial of credit time sought by Hensley in an order to revoke probation.
Ronald F. Graham v. State of Indiana (NFP)
22A01-1404-CR-181
Criminal. Affirms convictions of Class D felony resisting law enforcement and Class A misdemeanor criminal recklessness.
Landon Q. Jones v. Terry Curry, as the Marion County Prosecutor and Ronald Stiver, as the Commissioner of the Indiana BMV (NFP)
49A02-1403-MI-204
Miscellaneous. Affirms determination by the Bureau of Motor Vehicles that Jones is a habitual traffic violator.