Supreme Court grants transfer in 4 cases
The Indiana Supreme Court will review reversal of a man’s conviction of possession of a firearm by a serious violent felon due to a police officer’s testimony about the man’s nickname.
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Tax Court affirms rejection of fire protection district
A faulty legal notice published to advertise a public hearing for the purpose of creating a fire protection district in northern Madison County was sufficient grounds for the state to deny creation of the district, the Indiana Tax Court ruled Friday.
Loss of power disrupts courts in Northern Indiana
A major power outage in Northern Indiana has shut down the federal courthouse in downtown South Bend.
Marion County criminal courts near Odyssey conversion
Marion Superior criminal court workers are training and IT staff and clerks are working overtime preparing for what will be the largest adoption of the Odyssey case management system to date.
Opinions May 16, 2014 ILD
Indiana Court of Appeals
In re: The Paternity of B.J., C.J. v. H.H. (NFP)
80A04-1311-JP-575
Juvenile. Reverses trial court order denying father C.J.’s objection to relocation of mother H.H. with the parties’ child, B.J., and father’s petition to modify custody. Because the court failed to issue findings, the matter is remanded for proceedings.
In the Matter of the Termination of the Parent-Child Relationship of: C.M., J.J., L.S., and A.S., Minor Children, M.H., Mother v. Indiana Department of Child Services (NFP)
02A03-1309-JT-371
Juvenile. Affirms involuntary termination of parental rights.
Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Opinions May 16, 2014
Indiana Supreme Court
In the Matter of: Steven B. Geller
49S00-1106-DI-318
Attorney discipline. Disbars Geller for 12 violations of the Rules of Professional conduct, including violations arising from his physical confrontation at the courthouse with an ex-client who he believed owed him money. Disbarment is warranted in light of Geller’s history of misconduct, unsuccessful prior attempt at rehabilitation, inability to manage anger, and dishonesty toward the Court and the Disciplinary Commission. Justice Mark Massa concurred in part and dissented in part and would have recommended a three-year suspension without automatic reinstatement.
Lawyer disbarred for client altercation, numerous violations
A criminal defense lawyer accused of instigating a physical altercation with a former client at the City-County Building in Indianapolis and committing numerous rules violations has been disbarred.
U.S. Courts mark 60th anniversary of Brown v. Board of Education
May 17 marks the 60th anniversary of the landmark case that ended legal segregation in the United States. The federal courts are commemorating the historic Supreme Court of the United States ruling in Brown v. Board of Education with a variety of online resources.
Lilly loses patent dispute over cancer treatment in London court
Eli Lilly lost its argument in a London court that a generic version of its cancer treatment drug Alimta infringed patents registered in the United Kingdom, France, Italy and Spain. Lilly says it will appeal. IBJ.com has more.
Fewer topics but interim committees still have work to do
The internal changes to the Legislature’s interim study committee structure are not readily visible, but majority and minority leaders are optimistic the alterations will streamline the process and control the workload.
Opinions May 15, 2014 ILD
Indiana Court of Appeals
J.H. v. J.K. (NFP)
1A03-1311-JP-459
Juvenile. Affirms order that father pay $70 per month toward the college expenses of his 19-year-old daughter.
Rayterrion Wheeler v. State of Indiana (NFP)
71A03-1310-CR-391
Criminal. Affirms murder conviction.
Rick Delks v. State of Indiana (NFP)
84A01-1309-PC-416
Post conviction. Affirms denial of petition for post-conviction relief.
In re the Paternity of D.M.Y.: M.S.R. v. B.Y. (NFP)
34A04-1310-JP-504
Juvenile. Affirms the determination of Michael S. Robinson’s child support arrearage.
Jason Keel v. April Najdowski (NFP)
29A02-1305-DR-463
Domestic relation. Affirms denial of Keel’s petition for reinstatement of his parenting time.
Thomas M. Slaats v. Sally E. Slaats n/k/a Sally E. Jaggers-Weber (NFP)
87A01-1311-DR-503
Domestic relation. Affirms modification of father’s child support obligation.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline Thursday. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions May 15, 2014
Indiana Tax Court
Hoosier Roll Shop Services, LLC v. Indiana Department of State Revenue
49T10-1104-TA-29
Tax. Grants summary judgment in favor of Hoosier Roll and against the Department of State Revenue. Finds Hoosier Roll produces other tangible personal property when it grinds and calibrates its customers’ work rolls.
Bank wins in appeal of foreclosure action
The Indiana Court of Appeals affirmed summary judgment in favor of Wells Fargo on its action to foreclose on a mortgage and collect from the guarantor of the loan, ruling that the loan documents were properly assigned to the bank.
Tax Court: Company creates new tool, entitled to exemption
The Indiana Tax Court has ruled in favor of a Hammond company in its attempt to exempt certain equipment from the state’s sales and use taxes.
Opinions May 14, 2014 ILD
Indiana Court of Appeals
Kenneth B. Hutslar v. State of Indiana (NFP)
38A02-1310-CR-877
Criminal. Affirms conviction of Class A misdemeanor possession of a cellular telephone or device while incarcerated.
Wachovia Bank N.A., as Trustee for the Registered Holders of GSRPM 2004-1 Mortgage Pass-Through Certificates v. Yevonne Corpening a/k/a Yevonne R. Corpening; Sovereign Bank, et. al. (NFP)
49A04-1308-MF-397
Mortgage foreclosure. Reverses trial court judgment that determined Wachovia is not an equitable assignee of a mortgage despite the fact the bank held a note corresponding to the mortgage.
In re the Matter of the Guardianship and Estate of Jay Carver, an adult v. Margaret Ditteon (NFP)
84A01-1309-GU-409
Guardianship. Affirms denial of Carver’s request that the guardianship be terminated or a different guardian be appointed.
Richard A. Perkey v. State of Indiana (NFP)
20A03-1303-CR-77
Criminal. Grants rehearing to address claims of prosecutorial misconduct and affirms Perkey’s Class B felony rape conviction.
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 14, 2014
Indiana Supreme Court
State of Indiana v. Tammy Sue Harper
79S02-1405-CR-334
Criminal. Affirms grant of Harper’s motion for a sentence modification sought more than 365 days after she was originally sentenced. The prosecutor’s conduct and communications adequately conveyed the “approval of the prosecuting attorney” required in I.C. 35-38-1-17(b).
Prosecutor’s lack of objection allows judge to modify sentence
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
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
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
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.