ITLA Institute hits a big milestone
The 50th annual conference will give attorneys a chance to recharge, connect with others, and learn tips from a comedian.
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Longtime private practitioner Steve Langer leads ITLA
Valparaiso attorney Steven Langer brings to bear more than 30 years of experience as the new president of the Indiana Trial Lawyers Association. He answers a few questions from Indiana Lawyer about the organization, the practice of law, and his family. And he had a pet black bear in his youth.
Indiana Tech dean’s exit shocks backers
Indiana Tech Law School Dean Peter Alexander’s surprising resignation May 21 as dean has many in the Fort Wayne legal community questioning what happened. But attorneys said they will maintain the relationships with the school that were fostered by the former leader.
Quarles & Brady latest large firm to expand to Indianapolis
Larger firms see enough promise to set up shop in Indianapolis – not through merger or acquisition – but by expanding with the launch of a branded office. And then expanding some more.
Proposed e-filing rule comment period open
Lawyers will be able to file state court cases and motions with the ease of clicking a button beginning next year. Getting to that point won’t be so simple.
Judges to tour Chicago-area justice centers
Marion Superior judges this week will visit two suburban Chicago criminal justice complexes as Indianapolis officials proceed with plans to build a jail and criminal courts complex west of the downtown mile square.
Opinions June 2, 2014 ILD
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Opinions June 2, 2014
Indiana Court of Appeals
Brandon Brummett v. State of Indiana
49A02-1304-CR-378
Criminal. Reverses convictions of Class B and Class C felony child molesting and three counts of Class D felony sexual misconduct with a minor. The panel found the prosecutor’s continual misconduct constituted fundamental error that placed Brummett in grave peril. Remands for a new trial.
EA Sports to settle with NCAA athletes for $40 million
A $40 million settlement has been completed that will pay college football and basketball players dating to 2003 for the use of their likenesses in NCAA-branded video games made by Electronic Arts. The settlement does not include the Indianapolis-based NCAA. IBJ.com has more on the settlement.
Prosecutor’s ‘continual misconduct’ warrants new molestation trial
A man’s child molesting convictions were vacated and he was granted a new trial by the Indiana Court of Appeals, which found prosecutorial misconduct amounting to fundamental error. It’s the second reversal and remand attributable to the same prosecutor, the court noted.
Conour claims restitution paid, that he’s owed money
Former attorney and convicted fraudster William Conour has asked the federal court where he admitted he stole $6.5 million from dozens of wrongful-death and personal-injury clients to cut him a check for $184,214.26.
ACLU of Indiana to host discussion of government surveillance
A panel of experts next week will take a closer look at the devices that are taking a closer look at us.
Opinions May 30, 2014 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: O.V., Minor Child, J.V., Mother v. Indiana Department of Child Services (NFP)
71A03-1312-JT-499
Juvenile. Affirms involuntary termination of mother J.V.’s parental rights.
Brooke Tubbs v. State of Indiana (NFP)
48A02-1309-CR-771
Criminal. Affirms 18-month executed sentence and convictions of Class D felony operating a vehicle while intoxicated and Class A misdemeanor driving while suspended.
Charlie S. Hines III v. State of Indiana (NFP)
89A05-1307-CR-362
Criminal. Affirms convictions of two counts of Class B felony dealing cocaine.
Thomas H. Kramer, Member and Manager of Domus Property Investments, LLC v. Mark Kramer, and Domus Property Investments, LLC (NFP)
71A04-1305-PL-261
Civil plenary. Reverses trial court ruling that Mark Kramer violated a non-compete clause with regard to one rental property and finds that he violated those terms with regard to three properties. Remands for total judgment of $333,156 in Thomas Kramer’s favor. Affirms denial of legal fees and prejudgment interest for Thomas Kramer.
In Re the Marriage of: Michelle Schlotterback and Terry Schlotterback, Terry Schlotterback v. Michelle Schlotterback (NFP)
57A05-1306-DR-321
Domestic relation. Affirms denial of Terry Schlotterback’s motion to correct error relating to the division of the estate amassed during marriage and his motion to correct error with regard to the uninsured medical expenses of the parties’ children.
Dietrich D. Smith, Jr v. State of Indiana (NFP)
45A05-1401-CR-31
Criminal. Dismisses appeal over whether Smith’s pretrial and earned credit time was properly awarded by the Department of Correction because the record is inadequate to make a determination.
Ronald Buttermore v. State of Indiana (NFP)
48A05-1309-CR-472
Criminal. Affirms revocation of probation after convictions of Class C felony criminal confinement, Class D felonies battery, intimidation and strangulation, and Class A misdemeanors domestic battery and interfering with the reporting of a crime.
Raven McGinty v. State of Indiana (NFP)
46A05-1310- CR-500
Criminal. Affirms 45-year sentence for multiple felony convictions of child molestation and other sex crimes.
Alma Stanbary v. Madison-Jefferson County Library (NFP)
39A01-1312-CT-537
Civil tort. Affirms summary judgment in favor of the library.
Jeremiah Workman v. State of Indiana (NFP)
27A02-1312-CR-1020
Criminal. Affirms revocation of probation.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday.7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
Opinions May 30, 2014
Indiana Court of Appeals
In re the Paternity of V.A., (Minor Child), R.A. v. B.Y.
39A04-1310-JP-512
Juvenile. Affirms a special judge’s ruling that the judge who heard evidence remanded to the trial court from an earlier appeal should rule on the remanded issues, as required by Trial Rule 63(A). The panel rejected father R.A.’s objection claiming that his change-of-judge request trumps that rule, finding that the change-of-judge rule only applies prospectively, while Rule 63(A) operates retroactively to ensure that the remanded issues are considered by the judge who heard the evidence.
Admitting rifle into evidence not abuse of discretion, COA rules
Telling the jury that an assault rifle was found in the car of the defendant did not unduly prejudice the jurors, the Indiana Court of Appeals has ruled.
COA affirms remand to prior judge over father’s objection
A special judge appointed in a paternity case ruled correctly that matters in the case remanded by the Court of Appeals should be heard by the prior judge who heard the evidence, the appellate court held in a second appeal on the matter.
COA: Hip-replacement tort cases must be heard where implants were done
Plaintiffs from Mississippi and Virginia may not pursue litigation in Marion County over defective replacement hip devices manufactured in northern Indiana, the Court of Appeals ruled Friday.
Justifiable reason to stop driver enough to confirm subsequent conviction
Although a police officer began following a pick-up truck after he mistakenly ran the wrong license plate number, the driver’s conviction will stand because the officer did not initiate the stop until he observed the driver make a traffic violation.
180 lawyers suspended over CLE, fee or IOLTA violations
The Indiana Supreme Court on Thursday suspended 180 lawyers who failed to pay attorney registration fees, meet continuing legal education requirements or submit certification of Interest on Lawyer Trust Accounts.
Baker to mark 25 years on Court of Appeals
The longest-serving current judge on Indiana’s Court of Appeals will mark his 25th year on the appellate bench June 2.