Indiana Court Decisions – April 30 to May 13, 2014
Read recent appellate decisions from Indiana courts.
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Read recent appellate decisions from Indiana courts.
Hendricks Superior Magistrate Judge Tammy Somers recently took a weekend road trip that saved 60 dogs – animals that otherwise may have been euthanized.
On April 17, 2014, more than 60 female defense attorneys attended the kick-off luncheon for DTCI’s newest committee: Women in the Law.
Publicly funded construction projects in Indiana have long been governed by statutes that set forth the procedures by which certain public entities must select the contractors performing the work.
Read who’s joined Indiana firms, become partner, or been honored for their work.
Fred Vaiana gives Blue Moon Café 3.25 gavels!
People – regardless of the industry – avoid having tough conversations. They haven’t had “the talk” because there just hasn’t been the right time, or the issue hasn’t affected his or her work. But it may be best to rock the boat today, because tomorrow or next week or next month, it’s going to rock the entire company.
In-house attorneys advise employees on many topics, but do the employees of your company know what to do during a government investigation?
Bob Hammerle says “The Lunchbox” is a tiny movie that reminds everyone that love is often found as a result of happy accidents.
Microsoft Word is an essential tool in any lawyer’s toolbox. But, many of us don’t get the most out of this word processor. This article offers three things to change the next time you open Word to make it work better for you.
Effective Oct. 1, the Indiana Public Retirement System will reduce the guaranteed interest rate for workers who choose to annuitize investments in their annuity savings accounts.
Attorneys offer their pro bono services to help nursing home residents keep their Medicaid benefits.
The internal changes to the Indiana Legislature’s interim study committee structure are not readily visible, but majority and minority leaders are optimistic the alterations will make the process more efficient and control the workload.
Members of the American Law Institute help to research and write the Restatements of the Law, which are used by judges and attorneys to gain insight into laws and how those laws are applied around the country.
Siegfried isn’t just attorney Michael Sutherlin’s 4-year-old Doberman. He’s also a trusted aide who’s never far from the lawyer’s side at home or at his Indianapolis office.
Shortly after a federal judge ordered Indiana to recognize the marriage of one same-sex couple, the Office of the Indiana Attorney General continued its defense of “traditional marriage” by filing a notice of appeal with the 7th Circuit Court of Appeals. By doing so, it added to the list of appellate courts hearing challenges to state marriage laws.
The Indiana Supreme Court is considering whether a teacher took a substantial step toward the crime of attempted child seduction when he sent explicit Facebook messages to a 16-year-old student and proposed arranging to meet for sex.
One of Indiana’s most familiar legal names – a frequent flier on buses, billboards and TV commercials – says enforcement of disciplinary rules governing attorney advertising is a mess and needs an overhaul. The Indiana State Bar Association is considering preapproving ads.
Indiana Court of Appeals
William Hodapp, Jr. v. State of Indiana (NFP)
07A01-1307-CR-342
Criminal. Affirms convictions of Class B felony incest, Class C felony incest, Class D felony possession of child pornography and Class A misdemeanor battery.
Russell Lawless v. Leslie Lawless (NFP)
58A01-1308-DR-366
Domestic relation. Affirms dissolution court’s deviation from the presumed equal division of marital property. Reverses the judgment of the dissolution court with respect to its determination of the amount of the marital debts and the value of the retirement plan. Remands with instructions for the dissolution court to recalculate the total amount of marital debts based upon the dates on which debts were incurred and on whose behalf, and assess the value of the retirement plan’s vested portion as of the date of the dissolution petition. The dissolution court will have discretion in determining the value of any appreciation in that portion of the retirement plan.
Michael Mason v. State of Indiana (NFP)
49A04-1310-CR-493
Criminal. Affirms conviction and 65-year sentence for murder.
Gary Sistrunk v. State of Indiana (NFP)
49A05-1211-CR-567
Criminal. Affirms conviction of robbery as a Class B felony. Remands with instruction’s to enter conviction of criminal confinement as a Class D felony and to impose a sentence consistent therewith, to be served concurrently with his sentence for the robbery conviction. Judge Michael Barnes dissents in part, arguing the robbery and confinement were not separate criminal transgressions. Therefore, the confinement conviction should be vacated entirely.
Gary Sistrunk v. State of Indiana (NFP)
49A04-1210-CR-527
Criminal. Remands with instructions to vacate Sistrunk’s conviction of criminal confinement under Count II, and to enter his conviction of robbery under Count III as a Class C felony rather than a Class B felony. Also remands to enter Sistrunk’s convictions of criminal confinement under Counts IV and V as Class D felonies rather than Class B felonies. Finally, remands to revise the sentences to be consistent with the appropriate class level for the felonies and to be served concurrently with the sentence imposed for the robbery conviction. Judge Michael Barnes dissents from the majority view that Counts III, IV, and V must be reduced because Sistrunk did not repeatedly use the weapon during the commission of the crime.
In re the Marriage of: William Adamson v. Pamela Adamson (NFP)
55A05-1310-DR-485
Domestic relation. Reverses and remands the Morgan Circuit Court’s denial of William Adamson’s motion to modify the physical custody of K.A., finding him in contempt of court and requiring him to pay Pamela Adamson’s attorney fees.
The Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline Monday.