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Opinions June 18, 2014

7th Circuit Court of Appeals
Gabriel V. Mendoza v. United States of America
13-3195, 13-3196
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms denial of Mendoza’s petition for relief from his drug convictions. He was not deprived due process when an interpreter relocated her position in the courtroom to translate for a witness nor was he provided ineffective assistance of counsel.

LCBA encouraging members to put a focus on individual health

The Lake County Bar Association will be holding its first “Practice Health, Not Law Day” on June 27. Members are encouraged to use the day to schedule a medical check-up or to visit the association’s office in Merrillville for a free health screening.

COA rules against bank in lien dispute

Wells Fargo Bank could not convince the Indiana Court of Appeals to reverse default judgment entered against it in favor of two companies trying to foreclose on mechanic’s liens. The court also had a warning for litigants when filing amended complaints.

COA split over whether convicted murderer needs new trial

The Indiana Court of Appeals upheld a murder conviction Wednesday after the defendant argued his right to confront witnesses against him was violated. But one judge on the panel agreed with Michael Torres and wrote in his dissent that Torres should have a new trial.

Bosma: No ethics sanctions against Turner

House Speaker Brian Bosma said Tuesday he will not sanction House Speaker Pro Tem Eric Turner after an ethics probe determined the lawmaker did not technically violate state ethics rules.

Indiana lawmakers return to correct errors

State lawmakers returned to the Indiana Capitol Tuesday to fix a series of problems with their sweeping overhaul of the state's criminal sentencing rules.

Opinions June 17, 2014 ILD

Indiana Court of Appeals
Valle Vista Limited, LLC v. Selective Insurance Company of South Carolina (NFP)
41A05-1309-PL-481
Civil Plenary. Affirms trial court’s judgment enforcing the terms of an agreement that Selective would pay no more $500,000 to Valle Vista for hail damage. Also affirms lower court’s dismissal of Valle Vista’s lawsuit claiming Selective must turn over the total amount of $616,587.79 which was awarded by an umpire.  

Christopher Carlisle v. State of Indiana (NFP)
06A01-1308-CR-352
Criminal. Affirms Carlisle’s conviction of domestic battery, a Class D felony.

Dustin Perkins v. State of Indiana (NFP)
49A02-1312-CR-1001
Criminal. Affirms Perkins’s convictions of murder and Class C felony robbery.

Kent A. Easley v. State of Indiana (NFP)
73A04-1311-PC-566
Post conviction. Affirms post-conviction court’s dismissal of Easley’s successive petition for post-conviction relief.

Cornelius Hines v. State of Indiana (NFP)
52A05-1312-CR-594
Criminal. Affirms convictions for Class C felony criminal confinement, and Class D felony battery.

Trevor Nash Tice v. State of Indiana (NFP)
15A01-1307-CR-301
Criminal. Affirms conviction and 12-year sentence for child molesting, a Class B felony.

Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.

 

Opinions June 17, 2014

Indiana Court of Appeals
Cruisin', Inc., d/b/a Cruisin' Auto Sales v. Springleaf Financial Services of Indiana, Inc., f/k/a American General Financial Services
39A01-1309-CC-423
Civil collection. Affirms judgment in favor of Springleaf. Finds Cruisin’ breached the terms of the contract by giving the title to the car buyer rather than mailing it to Springleaf. Remands to correct a scrivener’s error and enter the reimbursement amount at $2,659.02. Also remands to enter the judgment damage award against the dealership and buyer jointly and severally.

Dealership did not abide by contract terms, COA rules

Citing the terms spelled out in the contract, the Indiana Court of Appeals has ruled that a car dealer that entrusted a buyer with mailing a title to the lender will have to pay the balance of the auto loan.

14 cases remain for US Supreme Court

The religious rights of corporations, the speech rights of abortion protesters and the privacy rights of people under arrest are among the big issues still unresolved at the Supreme Court of the United States.

IndyBar: Pro Bono Opportunity Available for Tax Practitioners

Have you found yourself wanting to use your tax knowledge to benefit members of the community? Wouldn’t it be great if there was a way? Now there is! The Neighborhood Christian Legal Clinic (NCLC) has partnered with the IndyBar Tax Section to create a unique opportunity for tax practitioners to use their tax knowledge in a new way

IndyBar: Diversity Job Fair Recognized with ABA Partnership Award

The IndyBar Diversity Job Fair is enjoying the national spotlight as a recipient of the 2014 Partnership Award from the American Bar Association (ABA). The fair was selected for the award in early June; IndyBar representatives will accept the award during the ABA’s Annual Meeting in Boston this August.

Abrams: See you in Cincinnati

By the time you are reading this article, I will be on my way to the 21st Annual Bench Bar in Cincinnati, Ohio. So, I asked myself when I attended my first Bench Bar, what is a Benesch commercial real estate lawyer going to do at a Bench Bar Conference? The answer? Lots of things.

IndyBar: Nominations Now Accepted for Antoinette Dakin Leach and Paralegal Awards

It’s no secret that Indianapolis is home to many talented, dedicated legal professionals. Give deserving colleagues the recognition they deserve: the nomination period is now open for two IndyBar awards, the Women and the Law Division’s Antoinette Dakin Leach Award and the IndyBar Paralegal of the Year award.