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Prosecutor’s lack of objection allows judge to modify sentence

May 14, 2014

In a case where a woman sought modification of her sentence more than a year after it was imposed, the Indiana Supreme Court found that the prosecutor’s conduct satisfied the “approval” requirement of Indiana Code 35-38-1-17(b).

Indy lawyer suspended for 2 years

May 14, 2014

The Indiana Supreme Court has suspended Indianapolis attorney and developer Paul J. Page from the practice of law for at least two years, although one justice thought he should be disbarred. The suspension stems from his guilty plea to one count of wire fraud in 2013.

Survey shows law firms unlikely to take lead in reinventing the legal market

May 14, 2014

The most likely change agent in the legal market over the next 10 years won’t be law firms, according to a survey of more than 300 firm leaders around the country. Respondents expect corporate law departments or technology innovations will be the force most likely to lead change.

Attorney’s swim from Alcatraz to benefit cancer research

May 14, 2014

An Indianapolis attorney will take on the cold, rough waters of San Francisco Bay next month, swimming from Alcatraz Island to raise money for cancer research.

Opinions May 13, 2014 ILD

May 13, 2014

Indiana Court of Appeals
Antonio Beaven v. State of Indiana (NFP)
49A02-1309-CR-811
Criminal. Affirms adjudication as a habitual offender.

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

Opinions May 13, 2014

May 13, 2014

Indiana Supreme Court
In re Mental Health Actions for A.S., Sara Townsend
10S01-1402-MH-113
Mental health. Reverses finding that Sara Townsend was in indirect civil contempt after completing an application to initiate immediate emergency treatment for her co-worker, A.S. The trial court lacked statutory authority to find her in contempt and her actions did not place her under the trial court’s authority to impose sanctions as an inherent power of the judiciary.

Justices: Cop went too far in saying man’s race prevented a fair trial

May 13, 2014

The Indiana Supreme Court had strong words for police officers who intentionally mislead a suspect as to his rights to a fair trial and impartial jury because of his race: The tactic is unacceptable.

Justices: Woman who had co-worker committed not in contempt of court

May 13, 2014

A Clark Circuit judge lacked statutory authority to find a nurse in indirect civil contempt for completing an application for emergency detention of her co-worker, the Indiana Supreme Court ruled Tuesday.

7th Circuit issues correction in PepperBall opinion

May 13, 2014

The 7th Circuit Court of Appeals issued an order Monday correcting errors in its May 9 opinion on whether Indiana has jurisdiction to hear a dispute over intellectual property issues between two California companies.

COA: Wife is entitled to maintenance, larger amount of marital estate

May 13, 2014

The Indiana Court of Appeals has ordered a trial court to divvy up a marital estate with more than 50 percent of it going to the wife because she rebutted the presumption of an equal division.

Opinions May 12, 2014 ILD

May 12, 2014

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

 

Opinions May 12, 2014

May 12, 2014

Indiana Tax Court
West Ohio II, LLC v. Marion County Assessor, Marion County Treasurer, and Marion County Auditor
49T10-1404-TA-9
Tax. Grants the county’s motion to dismiss for lack of subject matter jurisdiction West Ohio II’s petition asking the Tax Court to enjoin the collection of property taxes related to a disputed portion of its $39 million assessment. Injunctive relief cannot be granted before an original tax appeal has been initiated.

Lawyer resigns over adding fee requirement to plea deal

May 12, 2014

An Indianapolis attorney who ran for elected office multiple times has resigned from the bar rather than face a disciplinary charge that he added a demand for a fee to a client’s proposed criminal plea agreement.

Lilly to appeal $450M ruling over poisoned workers in Brazil

May 12, 2014

Eli Lilly and Co. plans to appeal a ruling from a judge in Brazil that fined the pharmaceutical giant and an Italian firm $450 million for poisoning workers at a manufacturing plant in the South American country.

Judge rejects petitioners’ requests to prevent tax collection

May 12, 2014

Because petitioners seeking to enjoin the collection of tax filed their petitions before an original tax appeal was initiated, the Indiana Tax Court granted Marion County’s motions to dismiss.

Justices to decide if defendant was ‘annoying’

May 12, 2014

The Indiana Supreme Court will decide whether the portion of the public intoxication statute enacted two years ago that uses the term “annoys” is void for vagueness, as the Indiana Court of Appeals held earlier this year.

Judges reverse judgment in favor of town in water agreement dispute

May 9, 2014

A trial court erred as a matter of law in its interpretation of a disputed section of a water agreement between a real estate developer and the town of Huntertown; as such, the Indiana Court of Appeals reversed partial summary judgment in favor of the town.

Leadership in Law reception photos now online

May 9, 2014

Photos from this year's reception honoring Indiana Lawyer's Leadership in Law Award winners held May 1 in Indianapolis are now online. Meet 2014's Distinguished Barristers & Up and Coming Lawyers.

Indiana doesn’t have jurisdiction in IP suit, rules 7th Circuit

May 9, 2014

The 7th Circuit Court of Appeals ordered a District judge to dismiss a case filed by a company with California ties against another California company alleging various IP violations. The judges found Indiana does not have personal jurisdiction over the matter based on emails the allegedly offending company sent.

Opinions May 9, 2014 ILD

May 9, 2014

Indiana Court of Appeals
James Cody Ertel v. State of Indiana (NFP)
15A05-1307-CR-372
Criminal. Affirms 12-year sentence for Class B felony child molesting.

Brian S. Moore v. Kristy L. Moore (NFP)
49A04-1308-DR-401
Domestic relation. Affirms modification of parenting time and legal custody, reverses income imputed to father for child support purposes in the amount of $50,000 a year and remands for further proceedings.

George H. Glawson v. State of Indiana (NFP)
05A05-1309-CR-478
Criminal. Affirms conviction and sentence for Class D felony failure to return to lawful detention.

In Re: The Visitation of H.B., A.B. v. T.S. and A.S. (NFP)
87A01-1309-MI-415
Miscellaneous. Remands to the trial court for new findings and conclusions without hearing new evidence as the findings and conclusions by the trial court regarding relevant factors are incomplete.

Robert Campbell v. State of Indiana (NFP)
89A04-1309-CR-490
Criminal. Affirms finding that Campbell was in contempt of court but remands for the trial court to impose a sentence not exceeding six months. Affirms decisions forbidding the application of good-time credit in these circumstances.

In re the Adoption of M.D.: S.D. (Father) v. S.F. (Mother), and D.M. (Adoptive Parent) (NFP)
71A03-1309-JP-363
Juvenile. Affirms grant of stepfather’s petition to adopt M.D.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
 

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In This Issue

  • New bail legislation aims to weigh due process and public safety

  • Efforts to boost judicial safety gain steam after shooting

  • Appeals court to hear arguments over accidental release of depositional evidence to jury

Most Read
  • Firing squad, gas execution methods move out of Indiana House committee

  • Kokomo couple get a combined 50 years in prison for dealing deadly drugs

  • Tippecanoe County judge, wife in stable condition after being shot at their home

  • Nominations being accepted for the 2024 Henry Hurst Judicial Assistance Award

  • Shooting of Tippecanoe County judge was gang-related hit, authorities say

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