Indiana Court Decisions – June 11 to 24, 2014
Read recent appellate opinions involving Indiana cases.
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BGBC: 10 crushing questions to ask a business valuation expert
As part of your cross-examination, you wish to attack the expert’s work. You’re supposed to ask about the methodology, assumptions, procedures and how the opinion of value was determined. These are standard questions asked in cross-examination that we expect to hear. What about those questions that are not standard, but just as effective if not more?
Hammerle On … ’22 Jump Street,’ ‘The Grand Seduction’
Bob Hammerle says if movie heroes are more irritable than loveable, no film can succeed. In “The Grand Seduction,” they were dedicated to a fraud that you sadly grew to resent.
Inside the Criminal Case: Passive vs. forcible resistance
The Court of Appeals recently brought us the story of a woman, her dog and her not-so Gandhi-like attempt at passive resistance when her dogs were investigated for biting. The question before the Court of Appeals was whether this passive resistance was criminal.
Federal Bar Update: Rule 30(b)(6) depositions
One of the most useful tools in discovery is the Rule 30(b)(6) deposition, allowing a party to depose an entity, which must then produce one or more witnesses to testify to enumerated topics.
DTCI: Would you choose to be a lawyer if you had a do-over?
“If you could do it all over again, would you still be a lawyer?” Anyone reading this has probably been asked the question. I myself cannot think of anything else that I would do, and of course, my answer is “Yes!”
Early education efforts expose youth to various careers in law
Harrison Ndife and his peers gathered at the end of a long week to kick back, talk shop and do a little networking. A rising sophomore at Terre Haute South High School, Ndife had just completed the Summer Legal Institute along with 39 other eighth-graders and high-schoolers. They learned what it will take for them to become lawyers and where their place in the profession might be.
Mastering the law without a J.D.
The move by two Indiana law schools to follow a national trend and offer master’s degrees to non-lawyers has many practicing lawyers asking where the graduates of these programs will fit into the legal profession.
New Indiana laws in 2014
Many new laws take effect July 1. View a complete list of the laws enacted during the 2014 legislative session.
Indianapolis law grads reflect on Maennerchor years
Not quite 50 years have passed since Indiana University’s law school in Indianapolis moved from the Maennerchor Building. The old place is long gone, but some of its last graduates gathered recently to share memories of a time that holds special meaning.
Financial picture worsens for Marion County courts
In Marion County, the funding shortfall is projected to be $4.6 million for 2015. Courts are routinely dealing with persistent shortfalls to support guardians ad litem appointed to represent juveniles in child in need of services cases.
Faegre Baker Daniels attorney nationally recognized for legal prose
Faegre Baker Daniels LLP attorney Norman Tabler has found blog writing to be the perfect medium for his brand of humor and insight. The mundane topics he makes funny; the lively developments he makes hilarious.
Judge says no to Love but yes to marriage
Two days after a judge overturns Indiana’s ban on same-sex marriage, the 7th Circuit Court of Appeals granted the state’s request to stay the ruling pending an appeal.
Couples rush to marry after ruling makes same-sex marriage legal in Indiana
The race to the courthouse began for many couples shortly after Richard Young, chief judge of the U.S. District Court for the Southern District of Indiana, issued a ruling that declared Indiana’s ban on same-sex marriage unconstitutional and permanently enjoined the state defendants from enforcing the laws barring same-sex marriage.
Adoptive parent likens DCS to deadbeat parents
A woman who adopted three special-needs foster children said Monday the state’s failure to provided promised adoption subsidies made the Department of Child Services “basically deadbeat parents.”
Opinions June 30, 2014 ILD
Indiana Court of Appeals
Anissa L. Tyler v. State of Indiana (NFP)
48A04-1309-PC-428
Post conviction. Reverses denial of post-conviction relief; vacates convictions of murder and Class A felony aiding, inducing or causing robbery; and remands for retrial, finding the court erred in determining that Tyler received effective assistance of counsel.
Doaa I. Ebrahim v. Essam Otefi (NFP)
76A03-1309-DR-368
Domestic. Affirms denial of Ebrahim’s motion for relief from judgment from the trial court’s dissolution of marriage decree.
Darcel Edwards v. State of Indiana (NFP)
49A04-1311-CR-578
Criminal. Affirms placement split between Department of Correction and work release on an eight-year sentence for conviction of Class B felony dealing in cocaine.
Cheryl Rodriguez v. Sourthern Dunes Golf, LLC (NFP)
49A02-1307-PL-639
Civil plenary. Affirms judgment in favor of Southern Dunes.
Bernard A. Burrell v. State of Indiana (NFP)
45A03-1311-CR-431
Criminal. Affirms 12-year sentence for conviction of Class B felony dealing cocaine.
Katherine Fraze v. Floyd County Health Department, and City of New Albany and Animal Control (NFP)
22A04-1402-CC-62
Collection. Affirms trial court denial of motion to correct error in favor of the city limiting the number of dogs Fraze could keep on her property.
Anthony Ray Willoughby v. State of Indiana (NFP)
49A04-1307-PC-375
Post conviction. Affirms denial of post-conviction relief.
In re: The Visitation of W.G.R. (Minor Child) M.W.R., Father v. K.G. and D.G., Maternal Grandparents (NFP)
78A01-1312-MI-540
Miscellaneous. Remands order for grandparent visitation for findings of fact and conclusions of law.
Chad Thomas Gates v. Shannon Leigh Gates (NFP)
83A05-1401-DR-26
Domestic. Affirms trial court denial of father’s petition to modify custody.
Ralph Dennis Gabriel, Jr. v. State of Indiana (NFP)
45A04-1311-CR-585
Criminal. Affirms 14-year sentence for conviction of Class B felony burglary.
Robert Birk v. State of Indiana (NFP)
49A02-1310-CR-897
Criminal. Affirms convictions of Class D felony possession of a narcotic drug and Class A misdemeanor driving while suspended.
James Pello v. State of Indiana (NFP)
20A03-1312-PC-488
Post conviction. Affirms denial of post-conviction relief.
Walter L. Logan v. State of Indiana (NFP)
34A04-1311-CR-581
Criminal. Affirms 28-year aggregate sentence of Class C felony reckless homicide and Class B felony possession of cocaine.
Tyrone R. McGee v. State of Indiana (NFP)
15A05-1311-CR-575
Criminal. Affirms revocation of probation.
Stephan Gallagher v. State of Indiana (NFP)
15A05-1301-PC-12
Post conviction. Affirms denial of post-conviction relief.
Brandon Scroggin v. State of Indiana (NFP)
64A04-1306-CR-312
Criminal. Dismisses as untimely Scroggin’s appeal of convictions of Class C felony receiving stolen auto parts, Class D felony counts of arson and intimidation, and Class A misdemeanor criminal mischief.
Diamond Staples v. State of Indiana (NFP)
48A04-1403-CR-118
Criminal. Affirms revocation of probation.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday. 7th Circuit Court of Appeals issued no Indiana opnions by IL deadline.
Opinions June 30, 2014
Indiana Supreme Court
Keion Gaddie v. State of Indiana
49S02-1312-CR-789.
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement, holding that I.C. 35-44.1-3-1(a)(3), the statute defining the offense of resisting law enforcement by fleeing after being ordered to stop, must be construed to require that a law enforcement officer’s order to stop be based on reasonable suspicion or probable cause. On that basis, there was insufficient evidence against Gaddie to support the conviction.
Evansville’s Rudolph Fine merges with Jackson Kelly
A 20-lawyer firm in Evansville announced its merger with one of the nation’s 250 largest law firms effective July 1.