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Opinions Oct. 14, 2014 ILD

Indiana Court of Appeals
Brandon Earthman v. State of Indiana (NFP)
49A04-1404-CR-147
Criminal. Affirms 12-year sentence for Class B felony robbery.

George Nichols v. State of Indiana (NFP)
40A05-1402-CR-76
Criminal. Affirms convictions of Class C misdemeanor operating while intoxicated and Class B misdemeanor public intoxication.

Segun Rasaki v. State of Indiana (NFP)
49A04-1404-CR-167
Criminal. Reverses denial of motion to correct error following the denial of Rasaki’s petition for permission to file a belated notice of appeal.

Christopher Kimbrell v. State of Indiana (NFP)
49A02-1311-CR-1002
Criminal. Affirms denial of motion to correct erroneous sentence.
 

ABA provides guidance on sale of law practice

The American Bar Association has issued a formal opinion on the sale of a law practice, specifically as it relates to the seller in terms of “practice” and billing matters.

Opinions Oct. 13, 2014

There are no opinions Monday because the courts are closed in observance of Columbus Day.

Amended bankruptcy rules take effect Oct. 27

The United States Bankruptcy Court for the Southern District of Indiana has amended its local rules. The amendments, which take effect Oct. 27, include new rules and changes to existing rules.

IU McKinney to host talk on Ebola

Indiana University Robert H. McKinney School of Law is hosting a multi-disciplinary talk Oct. 24 on Ebola, law and public health.

Indiana cuts some public audits over shortages

The State Board of Accounts no longer is auditing the financial records of Indiana libraries, conservancy districts, some public school accounts, and small towns and townships, its leader says.

Dropped gun charges spark call for legislation

A former Marion County prosecutor is calling for legislation to remove the incentives for prosecutors to bargain away gun charges as the Indianapolis homicide rate continues to spiral.

Conour malpractice carrier wins rescission of coverage

The insurance company that provided malpractice coverage to ex-attorney and convicted fraudster William Conour prevailed in its civil suit against him, but his many victims still may receive a small amount from the case.

Opinions Oct. 10, 2014 ILD

Indiana Court of Appeals
Larry Peterson v. State of Indiana (NFP)
49A02-1401-CR-39
Criminal. Affirms conviction of Class B felony aggravated battery.

Stacy Robey v. State of Indiana (NFP)
49A02-1402-CR-104
Criminal. Reverses conviction of Class A misdemeanor possession of paraphernalia.

Jonathan David Turner v. State of Indiana (NFP)
03A01-1403-CR-146
Criminal. Affirms revocation of probation and order Turner serve the remainder of his sentence in the Department of Correction.

In re The Termination of the Parent-Child Relationship of Jo.N. and Ja.N. (Minor Children) and T.N. (Mother) v. Indiana Department of Child Services (NFP)
18A02-1403-JT-217
Juvenile. Affirms termination of mother’s parental rights.

Nicholas Suding v. State of Indiana (NFP)
32A01-1309-PC-426
Post conviction. Affirms denial of petition for post-conviction relief.

John Adams v. CTB, Inc., Individually and d/b/a, Brock Grain Systems (NFP)
08A04-1406-CT-256
Civil tort. Affirms summary judgment in favor of Brock Grain Systems on Adams’ negligence lawsuit.

Edward Ivy v. State of Indiana (NFP)
82A01-1404-CR-175
Criminal.  Affirms conviction of Class A felony attempted murder.

Laura Faulkenburg v. State of Indiana (NFP)
22A01-1405-CR-211
Criminal. Reverses finding Faulkenburg in direct contempt for refusing to answer questions while on the witness stand and sentencing her to one year in jail.

Steven Terrell v. State of Indiana (NFP)
49A02-1401-CR-70
Criminal. Affirms convictions of Class A felony attempted murder and Class B felony attempted robbery.

Tony A. White v. State of Indiana (NFP)
18A02-1403-CR-170
Criminal. Affirms convictions of four counts of Class C felony dealing in marijuana.

In re: The Matter of Supervised Estate of Joseph James Regalado (NFP)
64A04-1401-ES-14
Estate, supervised. Affirms order finding Baltasar Regalado in contempt for failing to comply with an order that he submit to DNA testing to establish whether he is the biological father of heir Paula Heffelfinger.

Alexis Cameron v. State of Indiana (NFP)
49A02-1403-CR-176
Criminal. Affirms conviction of Class D felony domestic battery.
 

Opinions Oct. 10, 2014

Indiana Court of Appeals
Susan A. Snyder v. Town of Yorktown, Delaware County Surveyor, Delaware County Drainage Board, Randall Miller & Associates, Inc., and Watson Excavating, Inc.
18A02-1405-CT-332
Civil tort. Reverses grant of the defendants’ motion to dismiss Snyder’s complaint regarding inverse condemnation because her complaint sufficiently states a claim for it. Affirms dismissal as it relates to her claim for trespass because the allegations in her complaint fail to establish any circumstances under which she would be entitled to relief for trespass. Remands for further proceedings.

Appeals court revives inverse condemnation claim

A woman who sued after town and county officials worked on a drainage project on her property without her permission will be able to present her claim for inverse condemnation. The Indiana Court of Appeals reversed the dismissal of that claim in her lawsuit against officials but affirmed she acted too late to present a trespass claim.