Mentally ill inmates straining jail and DOC resources
An interim legislative committee is examining the need for treatment options but is unsure if funding will be available.
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Representation is imperative to due process for immigrants
The cases involving immigrant children coming to the U.S. from Central America are creating more need for pro bono legal representation and are highlighting an area of asylum law that the courts struggle to clearly define.
Bingham Greenebaum Doll celebrates influential century
Longtime lawyers say the firm’s legacy positions it for more growth.
The traditional suit still rules when in court
The decision by one Indiana attorney to not wear socks in the courtroom has sparked a discussion among lawyers about professional dress codes. Shined shoes, closed-toe pumps, crisp shirts and blouses, pants, skirts and jackets are the closet staples of lawyers. While the business world has gone casual, pitching the tie and welcoming sandals in some cases, the legal profession has largely remained true to conservative business attire.
Little-known Indiana baseball roots rediscovered in lawyer’s exhibit
Baseball once was Indiana’s game, and attorney Scott Tarter has a major-league passion about preserving its rightful, if obscure, place in history.
Line blurs on intoxication
Convictions for public intoxication don’t just require being pickled in public anymore. An inebriated person now has to do something else, but conduct elements added to the criminal statute in 2012 have blurred what constitutes a misdemeanor.
No dismissal of charges against county treasurer
A judge has rejected a central Indiana county treasurer's request for the dismissal of criminal charges that he mishandled public money.
Neighbors file suit to block 2,000-hog facility
A central Indiana farmer faces a lawsuit from neighbors who want to block plans for a facility where some 2,000 hogs would be raised.
Indiana Toll Road operator files for bankruptcy
A judge and creditors will have to decide who runs the Indiana Toll Road after the highway's private operator filed for bankruptcy protection, formally acknowledging that it couldn't afford the debt from the multibillion-dollar deal to take over the highway.
Opinions Sept. 14, 2014 ILD
Indiana Court of Appeals
Jason L. Wanzell v. State of Indiana (NFP)
53A01-1311-CR-490
Criminal. Affirms denial of motion to correct erroneous sentence.
Davarius L. White v. State of Indiana (NFP)
02A03-1402-CR-52
Criminal. Affirms conviction of Class D felony domestic battery.
Robert Abbey v. State of Indiana (NFP)
82A01-1403-CR-119
Criminal. Affirms denial of motion to apply cash bond toward restitution.
Juan Martinez v. State of Indiana (NFP)
45A05-1401-CR-22
Criminal. Affirms conviction and six-year executed sentence for Class B felony child molestation.
Opinions Sept. 22, 2014
Indiana Supreme Court
In the Matter of: Trezanay M. Atkins
49S00-1306-DI-435.
Attorney discipline. Suspends Atkins for two years without automatic reinstatement, finding she violated Indiana Rules of Professional Conduct 8.4(b), committing a criminal act that reflects adversely on the lawyer’s honesty, trustworthiness, or fitness; and 8.4(c), engaging in conduct involving dishonesty, fraud, deceit or misrepresentation.
Justices to review reversal of capped sentence after plea
The Indiana Supreme Court will review a case in which the Court of Appeals reversed a 10-year sentence, the most a man could receive under an agreement in which he pleaded guilty to multiple felonies.
Former MCBA treasurer suspended from practice 2 years
The former treasurer for the Marion County Bar Association has been suspended from the practice of law for a minimum of two years for taking more than $9,100 from the organization.
Legal community rolls up its sleeves for ‘Day of Service’
Once again, members of the Indiana State Bar Association gave up part of their Saturday to help their local communities as part of the association’s Annual Day of Service.
Purdue shooter sentenced to 65 years in prison
An Indiana man who admitted fatally stabbing and shooting a fellow Purdue University student inside a crowded classroom was sentenced Sept. 19 to the maximum 65 years in prison after telling a judge he lied about being mentally ill.
Sentencing set in deadly Purdue campus attack
The lawyer for an Indiana man who pleaded guilty to fatally stabbing and shooting a fellow Purdue University student is expected to try to convince a judge that his client is mentally ill.
State holds $1.2 million in domestic violence funds
The trustees of the Indiana Criminal Justice Institute have decided to stick by a plan that withholds $1.2 million in domestic violence prevention funds from private agencies until they submit spending plans.
Opinions Sept. 19, 2014 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: K.C. & K.G. (minor children), and R.G. (mother) & T.G. (father) v. Indiana Department of Child Services (NFP)
04A05-1401-JT-47
Juvenile. Affirms termination of parental rights.
Opinions Sept. 19, 2014
Indiana Court of Appeals
City of Mitchell v. Randy Phelix
47A01-1402-PL-88
Civil plenary. Reverses denial of its complaint for a declaratory judgment related to former Mitchell city policeman Randy Phelix’s claim for medical expenses due to disabilities resulting from dismantling methamphetamine labs. The appeals court held that the trial court erred when it ruled that Phelix was entitled to have the city pay his medical bills under I.C. 36-8-4-5 despite the worker’s compensation carrier’s denial of his claim.
Issues of material fact allow Environmental Legal Actions claim to proceed
The Indiana Court of Appeals is allowing a claim under Indiana’s Environmental Legal Actions statute to move forward, ruling there are many questions for the lower court to examine about the former landlord’s role in the contamination of the soil.