Hammerle On … ‘Mr. Peabody & Sherman,’ ‘300: Rise of an Empire’
Bob Hammerle says the leader of the Persian naval fleet in “300: Rise of an Empire” is not the kind of woman you would bring home to your mother.
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Sidebars: Delicious comfort food is made with care at Indy eatery
We give DeeGusto’s Southern Cooking 3 1/2 gavels!
Quality of Life: Don’t be a slug when dealing with a workplace bully
According to a 2010 survey by the Workplace Bullying Institute, a nonprofit organization in Bellingham, Wash., 35 percent of American workers reported being bullied at work.
Disciplinary Actions – 3/26/14
Read who’s been held in contempt of court and who has resigned recently.
Clark County drug court gets conditional approval
Clark County Drug Treatment Court participants will continue with programs diverting their criminal cases in favor of treatment, but it’s uncertain whether the troubled program may ever again serve people arrested on nonviolent drug charges.
Dean’s Desk: Are we satisfied with the color of the legal profession?
Ivan Bodensteiner writes about why it is difficult to achieve racial equity within law schools and the profession.
General Assembly, Supreme Court ponder big changes for small claims
A national nonprofit organization has been tasked with a fresh study of Marion County’s troubled township small claims court system, while a bill that passed the General Assembly has implications for small claims courts around the state.
Palladium construction lawsuits costing panel millions
The cash-strapped Carmel Redevelopment Commission has spent more than $6 million since 2009 “responding to, defending and settling” legal claims from contractors involved in construction of the city’s Palladium concert hall, according to filings in Hamilton Superior Court – and the meter is still running.
5 lawsuits keep marriage debate alive in Indiana
The attorney general says he will defend the Indiana Defense of Marriage Act unless the Supreme Court of the United States rules otherwise.
Law school ranking rumble
Law school deans protest U.S. News & World Report's "best" schools list but say they cannot ignore it because they don't want their schools to fall in the rankings.
Opinions March 24, 2014 ILD
Indiana Court of Appeals
Albert J. Purcell v. Theresa M. Purcell (NFP)
10A01-1309-DR-390
Domestic. Affirms trial court issuance of a qualified domestic relations order distributing funds from a profit-sharing account owned by the parties before a divorce.
Beatriz Morales v. Housing Authority of South Bend and Attorney General of Indiana (NFP)
71A03-1308-SC-311
Small claims. Affirms trial court order of eviction in favor of the Housing Authority of South Bend.
Becky O'Neal v. Donald O'Neal (NFP)
55A04-1310-DR-484
Domestic. Affirms trial court’s denial of petition to modify parenting time.
The Indiana Supreme Court and Tax Court issued no opinions Monday before IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions before IL deadline.
Opinions March 24, 2014
Indiana Supreme Court
State of Indiana v. I.T.
20S03-1309-JV-583
Juvenile. Affirms juvenile court’s dismissal of a delinquency petition against I.T. that had been filed on the sole basis of a polygraph examination taken while he was receiving treatment as a condition of probation for a delinquency adjudication for what would be Class B felony child molesting if committed by an adult. Finds that the limited immunity in the Juvenile Mental Health Statute, I.C. § 31-32-2-2.5, provides a safe harbor that prevents the state from using statements during court-ordered therapy as the sole basis for juvenile delinquency petitions. Concludes the state may appeal a juvenile court order that suppresses evidence, if doing so terminates the proceeding.
Justices take post-conviction relief case
The Indiana Supreme Court will review the reduction from a Class B felony to a Class D felony of a man’s conviction of criminal confinement.
Was caucus lobbying by legislator an ethics violation?
It is a universally known tenet in government that what happens in caucus stays in caucus. But calls to investigate efforts Indiana House member Eric Turner made while in Republic caucus meetings concerning legislation banning nursing home construction have led to allegations of state ethics rule violations and calls for information. Turner has family members in the nursing home industry, and some believe he crossed the line. IBJ has the latest on the discussion.
Public intoxication conviction tossed for lack of proof of endangerment
A man convicted of public intoxication after a police officer found him near the site where his car had come to a stop between the road and a drainage ditch was improperly convicted, the Indiana Court of Appeals held Monday.
Purdue loses appeal bid to shield discrimination, harassment report
An appellate panel had harsh words for Purdue University’s conduct in shielding a report investigating a former chancellor’s complaint of gender discrimination and harassment against former university president France Cordova.
Public comment invited on Indiana’s child support guidelines
The Domestic Relations Committee of the Indiana Judicial Conference is soliciting public input concerning recommendations for changes to the state’s child support guidelines.
Justices affirm ‘safe harbor’ in Juvenile Mental Health Statute
A juvenile sex offender’s statements in a polygraph test during probation that he molested two more children may not form the sole basis to prove delinquency, the Indiana Supreme Court held Friday in affirming a trial court and rejecting the state’s appeal.
Agency collecting credit card debt not a creditor, COA rules
A debtor’s counterclaim that a collection agency violated the Indiana Uniform Consumer Credit Code by not obtaining a license was rejected by the Indiana Court of Appeals on the grounds that although the agency was trying to recover a debt, it was not a creditor.
Opinions March 21, 2014 ILD
Indiana Court of Appeals
Henry D. Hull v. State of Indiana (NFP)
27A02-1305-CR-471
Criminal. Affirms conviction of Class D felony possession of marijuana.
Darrell Turner, Jr. v. State of Indiana (NFP)
41A01-1306-CR-290
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.
Justin D. Coates v. State of Indiana (NFP)
82A01-1305-CR-246
Criminal. Affirms convictions of three counts of Class B felony criminal confinement and one count of Class D felony obstruction of justice.
In the Matter of the Termination of the Parent-Child Relationship of: J.W.K., R.K., J.N.K., B.K., and J.K., Minor Children, and S.K., Mother v. Indiana Department of Child Services (NFP)
75A05-1307-JT-368
Juvenile. Affirms termination of mother’s parental rights.
State of Indiana v. Stephen Floyd Smith (NFP)
71A03-1303-CR-88
Affirms partial grant of Smith’s motion for discharge of a charge of Class D felony domestic battery pursuant to Criminal Rule 4(C); affirms denial of discharge of a later-added count of Class A misdemeanor battery; and remands for proceedings on the misdemeanor battery count.
David A. Shane v. Sheila Shane (NFP)
18A04-1308-DR-439
Domestic relation. Dismisses appeal of denial of a prisoner’s petition to eliminate child support arrearage for a child who died in a fire in 2006 as untimely. Judge Edward Najam wrote the opinion; Judge Terry Crone concurred in the result without opinion; and Judge John Baker dissented, holding that he would affirm the trial court on the merits but disagreed with the majority conclusion that the court lacked subject matter jurisdiction.
Barbara Loomis v. James Loomis (NFP)
45A03-1307-DR-252
Domestic relation. Affirms trial court determination husband did not breach a mediated agreement and denial of wife’s request for interest, damages and fees, and denies husband’s request for appellate attorney fees.
Brady D. Ericson and Tiffany J. Ericson v. Bloomfield State Bank (NFP)
53A04-1307-MF-376
Mortgage foreclosure. Affirms denial of the Ericsons’ motion for relief from summary judgment in favor of Bloomfield State Bank.
Kathy Jo Hill v. State of Indiana (NFP)
92A05-1308-CR-430
Criminal. Affirms revocation of probation.
The Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions prior to IL deadline.