Ex-Indiana elections chief starts politics website
Former Indiana Secretary of State Charlie White's voter fraud conviction has taken him out of politics but hasn't stopped him from writing about it.
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Settlement reached in Nashville shocking case
The southern Indiana tourist town of Nashville has reached a settlement with a Michigan man who accused a deputy marshal of shocking him with a Taser gun while he was having a seizure.
Judge threatens to find Indiana mayor in contempt
A judge threatened to find a central Indiana mayor in contempt of court over a dispute about pipes blocking a courthouse entrance.
Opinions Aug. 26, 2014 ILD
Indiana Court of Appeals
Lawrence Mulry v. State of Indiana (NFP)
49A02-1312-CR-1035
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Jose B. Rodriguez v. State of Indiana (NFP)
20A05-1309-CR-491
Criminal. Affirms convictions of four counts of Class A felony child molesting. Finds although the trial court did abuse its discretion in admitting evidence of extra-jurisdictional prior bad acts, the error was harmless.
In re the Marriage of: Robin D. (Hanson) Blankenship and James E. Hanson, James E. Hanson v. Robin D. (Hanson) Blankenship (NFP)
41A05-1310-DR-511
Domestic relation. Affirms denial of James Hanson’s petition to modify child support and granting of Robin Blankenship’s verified petition for rule to show cause, holding Hanson in contempt based on his child support arrearage. Judge James Kirsch dissents. He argues the trial court did abuse its discretion in denying the modification and recommends the court reverse the order and remand with instructions to enter a new child support order.
Leroy Shoaff v. Denisa Dekker (NFP)
45A05-1401-CT-43
Civil tort. Affirms judgment for $386,000 against Shoaff for his fault in a 2007 motor vehicle accident that injured Dekker’s knee.
Fernando Miranda v. State of Indiana (NFP)
49A04-1401-CR-10
Criminal. Affirms convictions for Class A misdemeanor resisting law enforcement and Class B misdemeanor public intoxication.
Orange County v. Review Board of the Indiana Department of Workforce Development and Daniel Harris (NFP)
93A02-1403-EX-144
Civil. Affirms the Review Board of the Department of Workforce Development’s determination that Orange County did not file a timely appeal to the decision that Harris was eligible for unemployment benefits.
Destiny Skeen v. Review Board of the Indiana Department of Workforce Development and Hub Restaurant LLP (NFP)
93A02-1401-EX-57
Civil. Reverses decision by the Indiana Department of Workforce Development that Skeen was discharged for just cause. Concludes the Review Board decision was not supported by substantial evidence.
Deficient counsel does not overcome convincing evidence
Even though the 7th Circuit Court of Appeals spelled out in a 17-page opinion what defense counsel should have done during a bench trial, the appellate panel ultimately concluded the deficient representation did not prejudice the case.
Opinions Aug. 26, 2014
7th Circuit Court of Appeals
Roy Smith v. Richard Brown
12-3731
U.S. District Court, Northern District of Indiana, South Bend Division.
Judge James T. Moody
Criminal. Affirms the denial of Smith’s habeas petition. Finds although Smith’s counsel appeared to be particularly deficient, Smith failed to demonstrate how his lawyer’s substandard effort prejudiced his case since there was overwhelming evidence against him.
Judges blast Indiana, Wisconsin gay marriage bans
Federal appeals judges bristled Tuesday at arguments defending gay marriage bans in Indiana and Wisconsin, with one Republican appointee comparing them to now-defunct laws that once outlawed weddings between blacks and whites.
Termination of drug court placement over missed therapy affirmed
A woman who missed several drug court mental health therapy sessions failed on appeal to prove she was wrongly terminated from the problem-solving court.
Deputy’s lack of certification not an issue in suspension of license
A Shelby County man’s refusal to submit to a chemical test for alcohol intoxication voided his argument that his driving privileges should be reinstated because the arresting deputy was not qualified to administer the sobriety test.
Court upholds $4.7 million judgment in divorce case, orders hearing on stock interests
In a divorce decree complicated by the husband’s ownership and interest in several construction and development companies, the Indiana Court of Appeals affirmed he must pay his wife more than $4.7 million as an equalization payment, plus any interest accruing after 90 days.
Court affirms escape conviction for home detention violation
The Indiana Court of Appeals Tuesday affirmed a Class D felony escape conviction for an Indianapolis man arrested after he broke his home detention curfew.
COA rules workers’ comp is remedy for temporary employee
A man who suffered severe heat stroke while working as a temporary employee failed to convince the Indiana Court of Appeals this his only employer was the temp agency.
Court affirms judgment in favor of insurer over fire damages
An insurer was entitled to summary judgment in a lawsuit filed by a couple who claimed the policy limits did not fully compensate them after a fire destroyed their home.
Court must make findings in denying visitation for imprisoned dad
A man released to probation on a murder conviction but subsequently ordered to serve the remainder of his sentence following probation violations failed to persuade the Indiana Court of Appeals to reverse denial of his request for parenting time.
Mail not hearsay, COA rules in affirming drug, gun convictions
A Fort Wayne man’s convictions on multiple cocaine-dealing and felony weapons charges were affirmed Tuesday after the Indiana Court of Appeals ruled on an issue of first impression, indicating that he was not prejudiced by mail. Lamont Carpenter asserted the trial court abused its discretion when it admitted mail containing his name and address because it was hearsay.
IndyBar: Volunteers Needed for Family Law/Minor Guardianship Pro Bono Cases
Since early 2013, the IndyBar and local legal service providers have been teaming up to provide pro bono help in family law cases. More than 100 cases have been placed as a result of these efforts, and additional volunteers are needed to continue this successful partnership.
IndyBar: A Collective ‘Thank You’ at the IndyBar Paralegal Appreciation Luncheon
Paralegals play an invaluable role in the legal profession. This sentiment was proven by the outstanding turnout at the 2014 IndyBar Paralegal Appreciation Luncheon as more than 150 attorneys, judges, and of course, paralegals gathered to enjoy conversation, lunch and even a laugh on August 14.
Abrams: Law School Orientation—Oh, To Be Young Again!
I had the honor of attending law school orientation on Saturday, August 16 at the Robert H. McKinney School of Law. I sat on the dais with the Honorable Jose Salinas of Marion Superior Court, the Honorable Jane E. Magnus-Stinson of the U.S. District Court for the Southern District of Indiana and McKinney School of Law Dean Andrew Klein.
Attorneys want 2 right-to-work cases combined
The Indiana attorney general's office and attorneys for two sets of plaintiffs challenging the state's right-to-work ban on certain union fees want the Indiana Supreme Court to consolidate the cases.