Indiana Court Decisions – July 23 to Aug. 5, 2104
Read recent Indiana opinions from appellate courts.
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Hammerle On … ‘Wish I Was Here,’ ‘Life Itself’
Bob Hammerle says “Wish I Was Here” is one of those overlooked films that answers the question, “Is there anything worth a damn playing in the theater?”
DTCI: North Central Region Trial Academy
Need to enhance your skills as a litigator? Searching for a good trial advocacy seminar? If so, be sure to register today for the 2014 North Central Region Trial Academy! The academy is the only in-depth trial tactics seminar in Illinois, Indiana and Wisconsin designed by defense attorneys for defense attorneys.
DTCI: Paralegal summer social
The DTCI Paralegal Section Summer Social was held July 17 at The Slippery Noodle Inn in Indianapolis. Twenty current and prospective members of the section attended to hear DTCI director Kevin Tyra speak – and to take advantage of the complimentary refreshments offered by the event sponsor, Connor Reporting.
DTCI: The sleeping giant – Indiana’s Deceptive Consumer Sales Act
Indiana’s Deceptive Consumer Sales Act, I.C. 24-5-0.5 et seq., is a fairly complicated statute clothed in relative obscurity. The DCSA’s complexity is due partly to the way it is written, its scope, and the numerous cross-references to other conduct and statutes that fall within its purview. This article will introduce the statute, discuss its uses, implications, and its application to various types of transactions.
Opinions Aug. 12, 2014 ILD
Indiana Court of Appeals
Kramer Hill v. State of Indiana (NFP)
48A02-1311-CR-924
Criminal. Affirms the revocation of Hill’s probation under two separate causes.
Todd Firkins v. Sheryl Firkins (NFP)
55A01-1311-DR-488
Domestic relation. Reverses the trial court’s child support calculation and remands for recalculation of father’s weekly obligation that includes credit for paying children’s health insurance premium. Affirms awarding sole legal custody to mother, awarding both child dependency tax exemptions to mother for the 2013 tax year, and restriction on father’s parenting time. Rules father did not establish that trial court’s questions rendered the bench trial unfair.
Sergio Poitan v. State of Indiana (NFP)
73A01-1311-CR-512
Criminal. Affirms convictions for Class B felony burglary and Class D felony theft and aggregate sentence of 10 years.
Dustin Scott Stevenson v. State of Indiana (NFP)
45A03-1312-CR-494
Criminal. Affirms eight-year sentence for pleading guilty to burglary, a Class B felony.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.A. and S.A., Minor Children, and Their Father H.A., H.A. v. Indiana Department of Child Services (NFP)
28A01-1402-JT-70
Juvenile. Affirms termination of father’s parental rights.
Eric William Stahl v. State of Indiana (NFP)
45A04-1303-PC-137
Post conviction. Affirms denial of post-conviction relief petition.
In the Matter of the Paternity of A.E.T., A Minor Child, C.W., Individually and as Next Friend of A.E.T., Minor Child v. L.T. (NFP)
51A04-1401-JP-2
Juvenile paternity. Affirms denial of father’s petition to modify custody to grant him both joint legal and physical custody of minor child. Reverses trial court’s sua sponte restriction on father’s parenting time and remands to eliminate that provision from the order. Finds the trial court’s order on father’s child support was unclear and remands for trial court to determine whether the father’s petition for modifying child support should be granted.
Billy Ray Young v. State of Indiana (NFP)
34A04-1403-CR-114
Criminal. Affirms six-year sentence for pleading guilty to residential entry as a Class D felony and receiving stolen property as a Class D felony.
Opinions Aug.12, 2014
Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of C.A., L.A., and M.A. (Minor Children) and B.A. (Mother) and J.A. (Father) v. The Indiana Department of Child Services
55A04-1401-JT-37
Juvenile. Affirms termination of parental rights for mother and father to their three minor children following father’s conviction of Class B felony dealing methamphetamine and mother’s conviction of Class D felony neglect of a dependent. While mother neither received nor signed a case plan negotiated with the Department of Child Services, the record shows mother didn’t lack knowledge of what she needed to do to get her children back, but rather she didn’t participate. Evidence also was sufficient to support termination of mother’s and father’s parental rights.
Court affirms termination of parental rights without case plan
Morgan County parents, including a father who dealt meth to a confidential informant while his wife and three minor children were present, lost an appeal of their termination of parental rights Tuesday.
On the Move – 8/13/14
Read who’s recently joined Indiana firms, been appointed to committees or received an award.
Remembering former Indiana Justice Dixon W. Prentice
A former law clerk of Justice Dixon Prentice reflects on his time working with the justice.
Book review: Divorce case allows glimpse into amusing law firm matters
It begins with a ten year old’s Happy New Year greeting to her grandpa, including the sentence, “Mommy and Daddy are cranky.” It ends with a brief reminder on a lawyer’s personal legal stationary. In between these handwritten notes, “The Divorce Papers” tells a story about a divorce through legal documents, emails, court filings, news articles, a psychiatric report, statutes, judicial opinions, billable hour reports, invitations, and, of course, offers and counter-offers.
Long-time legal aid leader stepping down
Indiana Legal Services executive director Norman Metzger has announced he will retire March 31, 2015, ending a tenure at the nonprofit that stretched more than four decades.
Cox: Common mistakes of young lawyers
The practice of law takes practice. Experience is required to hone the skills necessary to be an effective advocate and to keep existing clients satisfied as well as attract new clients. There are, however, some common mistakes made by young lawyers that, with forethought and planning, can be avoided. Work to avoid these bad habits and your learning curve will be significantly shorter.
Making Rain: When a room full of strangers freaks you out
As most good rainmakers know, it is all about networking, and sometimes this means talking to people who are total strangers. It can be daunting to attend an event that your firm is sponsoring or a conference that your target market attends and be expected to “go out there and make new friends.”
Loretta Rush wins praise, makes history as new chief justice
Loretta Rush had dinner with friends awhile back in her hometown of Lafayette, but the upcoming chief justice selection didn’t come up. Robert Reiling recalls a nice time talking about family. “I’m sure in Indianapolis she’s Chief Justice Rush,” Reiling said. “In Lafayette, she’s Loretta to everyone.”
Gruber: NLRB announcement shakes up joint-employer standard
It is ironic that the week after Burger King’s new CEO is heralded for a profitability plan designed around the increase of franchises and the reduction of company-owned locations, the general counsel of the National Labor Relations Board directed officials to treat McDonald’s USA as a “joint employer” with its franchisees for purposes of the National Labor Relations Act.
Column: ENDA would protect sexual orientation, gender identity
With same-sex marriage gaining momentum in Indiana and across the nation, it is no surprise that protection from discrimination in the workplace based on sexual orientation and gender identity is most likely on the horizon.
Workplace threat injunction deemed invalid
An employee’s reported threat to blow his boss’s head off resulted in an injunction barring him from the workplace, but the Indiana Court of Appeals reversed recently in a case that highlighted conflicting statutes aimed at preventing violence on the job.
MCBA to host membership drive
The Marion County Bar Association is continuing to advance its mission with a special event to reconnect with past members and welcome new members.
Second court knocks out Indiana’s labor law on constitutional grounds
Two years after Indiana’s right-to-work law fought its way out of the Statehouse, the measure has suffered another knockout blow in a state court. Plaintiffs have successfully convinced two courts that the Indiana Constitution has given the controversial statute a glass jaw.
