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Opinions Nov. 5, 2014 ILD

November 5, 2014

Indiana Court of Appeals
Garland W. Thomeson v. State of Indiana (NFP)
79A04-1403-PC-106
Post conviction. Affirms denial of petition for post-conviction relief.

Kieon Smith v. State of Indiana (NFP)
49A05-1402-CR-74
Criminal. Affirms conviction of Class B misdemeanor public intoxication.

David Johnson and Ieva S. Johnson and Eva G. Sanders and Joseph K. and Michelle Yeary v. Indiana Department of Environmental Management and Town of Whitestown (NFP)
06A05-1310-PL-506
Civil plenary.  Grants rehearing and affirms the dismissal of the appellants’ petition for judicial review. Judge Riley would deny rehearing.

Casey Riggins v. State of Indiana (NFP)
49A02-1404-CR-252
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated in a manner that endangered a person.
 

Opinions Nov. 5, 2014

November 5, 2014

Indiana Court of Appeals
Erie Insurance Exchange v. Troy Sams and Teresa Sams
44A03-1403-CT-97
Civil tort. Affirms judgment ordering Erie Insurance to pay the Samses $63,924.89 for losses they suffered after a storm damaged their home. The trial court did not err in finding the policy covered the storm damage to the home and the judgment amount was not clearly erroneous.

Indianapolis Legal Aid Society giving makeover to annual holiday fundraiser

November 5, 2014

This holiday season, potential donors receiving a letter from the Indianapolis Legal Aid Society will not find a dollar bill in the envelope.

Insurer on the hook for nearly $64,000 in home repairs following storm

November 5, 2014

An insurance company, based on the terms of its policy, is required to cover storm damage to the home of a northern Indiana couple, the Indiana Court of Appeals affirmed Wednesday. The insurer argued deteriorated shingles were the cause of the water damage in the home.

COA affirms South Dakota law applies to personal injury case

November 5, 2014

A Marion Superior Court did not err when it decided that the location of an accident involving a drowsy driver – South Dakota – should be the applicable law in a case brought in Indiana.

Big GOP wins create questions for Indiana Democrats

November 5, 2014

Indiana Democrats are looking for places to rebuild after an election drubbing that saw Republicans capture all three statewide offices on the ballot, build on an already overwhelming supermajority in the state Senate and protect their supermajority in the House.

Attorney: Candidate’s arrest politically motivated

November 5, 2014

An attorney says the Election Day arrest of a central Indiana town council candidate was politically motivated.

Appeals court weighing Indiana strip club dispute

November 5, 2014

A federal appeals court is now considering whether northeastern Indiana city officials acted properly when they prevented a strip club from opening.

Teen gets Marion County summons to serve on jury

November 5, 2014

A Speedway High School freshman on Monday received a summons in the mail to serve on a jury in Marion County.

Election Day Court Closure announcement

November 4, 2014

Courts are closed Nov. 4 in observance of election day.

Grassroots group challenges jail plan, wants focus on jobs

November 4, 2014

A grassroots, church-based organization is trying to stir up voter interest in Marion County’s plan for a new criminal justice complex and questioning the need to expand jail capacity.

Republicans try to preserve Indiana dominance

November 4, 2014

Indiana Republicans spent more than a decade building a strong grip on Indiana's state offices, and voters headed to the polls Tuesday to decide whether they should maintain that hold.

Survey: Corporate counsel use buying power to control costs

November 4, 2014

Corporate chief legal officers are using their buying power to get lower fees or alternate fee arrangements from outside counsel, and they’re also keeping more work in-house, according to the 15th annual Altman Weil Chief Legal Officer Survey.

New judge takes Lake County bench

November 4, 2014

Bruce D. Parent has taken his seat on the Lake Superior Court bench.

IndyBar to Offer Labor and Employment Guidance for Local Small Businesses

November 4, 2014

For a small business owner, navigating labor and employment laws can be one of the most difficult and potentially costly parts about doing business. A program offered by the IndyBar Labor & Employment Law Section seeks to lessen this burden by providing employers with valuable tips and information in an informal—and affordable—setting.

IndyBar: Getting Along Is Not Wrong

November 4, 2014

The latest installment from the IndyBar on professionalism.

IndyBar: Upcoming Pro Bono Trainings

November 4, 2014

Interested in getting involved in local pro bono programs? Upcoming trainings offered by both the Indianapolis Bar Foundation and the Neighborhood Christian Legal Clinic combine training to prepare you to serve with low cost—or free—continuing legal education credits.

IndyBar: 2015 Pro Bono Clerkship in Consumer Law Available

November 4, 2014

Heartland Pro Bono Council is currently seeking candidates for a 2015 Pro Bono Clerkship in Consumer Law.

Abrams: Marion County Judicial Elections—Where Do We Go From Here?

November 4, 2014

The IndyBar has looked at this issue for quite some time dating back to the early 1990s in an effort to establish a process where we could continue to have the same quality of judges currently on the bench while protecting the financial integrity of those attorneys who run for judge and creating an independent bench that can withstand scrutiny from the public.

IndyBar Hosts Largest Pro Bono Event in its History

November 4, 2014

The recent Ask a Lawyer event is the largest in the IndyBar’s history.

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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