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Phillip L. Bayt has shepherded Ice Miller LLP through significant changes in the business and legal markets. Phil led the effort to combine the firm with the Ohio regional firm of Schottenstein Zox and Dunn Co. LPA, which added nearly 100 lawyers and two new offices to Ice Miller. In addition to building one of […]
The Indiana Supreme accepted five cases last week on transfer, including an appeal of an order that a woman pay $4,000 a month to her ex-husband in spousal maintenance. The justices also denied 18 cases, including appeals by IBM and subcontractor regarding the failed contract to update the state’s welfare system.
Indiana Court of Appeals
Tammy Carter v. State of Indiana (NFP)
49A02-1309-CR-752
Criminal. Affirms conviction of two counts of Class D felony neglect of a dependent.
Edrece Bryant v. State of Indiana (NFP)
49A02-1309-CR-806
Criminal. Affirms convictions of Class D felony strangulation and Class A misdemeanor domestic battery.
Antrone Crockett v. Clair Barnes and Mark Sevier (NFP)
52A05-1306-PL-304
Civil plenary. Affirms summary judgment in favor of Barnes and Sevier on inmate Crockett’s claim that the defendants denied him access to the courts.
Patricia Leslie v. Liberty Dialysis, Inc., Liberty Dialysis-Lebanon, LLC., Witham Memorial Hospital, and NLMP, Inc. (NFP)
06A01-1309-CT-400
Civil tort. Affirms in part, reverses in part and remands. Because the designated evidence supports a reasonable inference that Leslie slipped on ice, the grant of summary judgment for Liberty was improper. As for Witham and NLMP, however, Leslie has made no argument that they were not entitled to summary judgment on the alternate theories relating to immunity and lack of duty. In the absence of any such argument, she has not established that the entry of summary judgment for Witham and NLMP was improper.
Mark Conner v. State of Indiana (NFP)
33A01-1308-CR-355
Criminal. Affirms convictions of Class D felony theft and Class B misdemeanor criminal mischief and the finding Conner is a habitual offender. Remands for trial court to correct the sentencing order and abstract of judgment.
Lloyd W. Mezick v. State of Indiana (NFP)
48A02-1307-CR-649
Criminal. Affirms revocation of placement in a community corrections program.
Regina Choice v. State of Indiana (NFP)
02A03-1306-CR-227
Criminal. Affirms two-year sentence for Class D felony theft.
Kenton T. Winder v. State of Indiana (NFP)
10A04-1309-CR-461
Criminal. Affirms sentence for Class B felonies robbery and criminal confinement as well as Class A misdemeanor carrying a handgun without a license. Remands with instructions to correct the abstract of judgment.
Jason R. Barton v. State of Indiana (NFP)
02A05-1307-CR-355
Criminal. Affirms denial of motion for immediate discharge from unlawful and illegal imprisonment.
The Indiana Supreme Court and Tax Court did not post any opinions by IL deadline.
7th Circuit Court of Appeals
United States of America v. Marcus Henderson
13-2483
Criminal. Affirms denial of motion to suppress and conviction of being a drug user in possession of firearms in violation of 18 U.S.C. Section 922(g)(3). The record is replete with specific and articulable facts which the SWAT officers reasonably relied upon to conclude that the officers or others faced a dangerous situation without a protective sweep of his house.
Reference materials in the U.S. District Court for the Southern District of Indiana are now just a click away. Attorneys may now use active hyperlinks within e-filed documents.
A Perry County trial court abused its discretion in revoking a man’s probation based solely on being charged with a new offense, the Indiana Court of Appeals ruled Tuesday.
The 7th Circuit Court of Appeals upheld the denial of a defendant’s motion to suppress evidence found in his home during a protective sweep by the SWAT team after responding to a hostage situation. Marcus Henderson claimed the sweep – which led to the discovery of firearms – was unreasonable.
The 7th Circuit Court of Appeals upheld the denial of a defendant’s motion to suppress evidence found in his home during a protective sweep by the SWAT team after responding to a hostage situation. Marcus Henderson claimed the sweep – which led to the discovery of firearms – was unreasonable.
The Indiana Supreme Court Disciplinary Commission is investigating the Kokomo attorney who abandoned his law practice last year and left the country.
Indiana Court of Appeals
Paula Rorer (Hubbard) v. William Shane Rorer (NFP)
87A04-1310-DR-494
Domestic relation. Affirms finding of indirect contempt against Hubbard in post-dissolution proceedings.
In re the Marriage of: Annette M. Huseman, f/k/a Annette M. Mantis v. Angelo N. Mantis (NFP)
45A04-1307-DR-351
Domestic relation. Reverses the trial court’s order denying mother’s motion to correct errors and the court’s April 23, 2013, order related to father’s total arrearage and the additional weekly amount he must pay toward his arrearage. Affirms the phase-in schedule of father’s modified support payments, and remands for proceedings consistent with this opinion. Judge Robb dissents.
Tyrone A. Thompson v. State of Indiana (NFP)
49A02-1309-PC-787
Post conviction. Affirms denial of petition for post-conviction relief.
Jeremy J. Holden v. State of Indiana (NFP)
45A04-1308-CR-436
Criminal. Affirms 10-year sentence for Class B felony armed robbery.
In the Matter of the Termination of the Parent-Child Relationship of: J.J. and A.J. (Minor Children) and S.J. (Father) v. Indiana Department of Child Services (NFP)
49A04-1309-JT-465
Juvenile. Affirms involuntary termination of parental rights.
Donald William Myers, III v. State of Indiana (NFP)
76A03-1305-CR-173
Criminal. Reverses Myers’ four convictions of Class A felony attempted murder.
Jay Darland and Kathleen Darland v. Elizabeth Rupp (NFP)
06A04-1308-PL-403
Civil plenary. Affirms judgment in favor of Rupp on the Darlands’ complaint seeking damages arising from a car accident.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Indiana Court of Appeals
Ball State University v. Jennifer Irons, In re the Marriage of: Jennifer Irons, Wife, and Scott Irons, Husband
45A03-1307-DR-296
Domestic relation. Dismisses Ball State’s appeal of the order to release the college transcript of Jennifer Irons’ child. This appeal was not properly brought under Appellate Rule 14(A)(3). Denies Jennifer Irons’ request for appellate attorney fees. Judge Brown concurs in part and dissents in part.
The Indiana Supreme Court privately reprimanded a Lake County attorney Friday for making misleading communications regarding legal services and not including his office address in a public communications. The charges stem from his affiliation with a national for-profit organization that franchises its registered trademarks, including “Law Tigers,” to law firms around the country.
A divided panel on the Indiana Court of Appeals dismissed Ball State University’s appeal of the order that it release the transcript of a student who left the school and owes tuition. The student’s mother added the university to her petition seeking to require her ex-husband to contribute to their child’s college expenses.
Indiana Sens. Joe Donnelly and Dan Coats have begun the process for selecting a candidate to fill the vacancy coming to the U.S. District Court for the Southern District of Indiana.
In a federal lawsuit, 14 Indiana shops accuse State Farm Insurance and competitors of extracting “unreasonable and onerous” concessions on vehicle repair costs.
Indiana Court of Appeals
Randall Langford v. State of Indiana (NFP)
30A01-1309-CR-431
Criminal. Affirms conviction of Class A misdemeanor operating a motor vehicle while intoxicated.
G.W. v. State of Indiana (NFP)
37A03-1309-JV-372
Juvenile. Affirms adjudication that G.W. committed what would be Class A misdemeanor criminal trespass if committed by an adult.
Ray A. Brooks v. State of Indiana (NFP)
48A04-1312-CR-598
Criminal. Affirms revocation of probation.
In the Matter of the Termination of the Parent-Child Relationship of: J.F. & N.F. (Minor Children), and A.M. (Father) v. The Indiana Department of Child Services (NFP)
34A02-1309-JT-829
Juvenile. Affirms termination of parental rights.
Indiana Court of Appeals
Randall Langford v. State of Indiana (NFP)
30A01-1309-CR-431
Criminal. Affirms conviction of Class A misdemeanor operating a motor vehicle while intoxicated.
The country's largest shopping-mall owner, Simon Property Group Inc., won’t have to face a lawsuit claiming it improperly barred investors from voting on an executive-pay plan that yielded a $120 million stock award to CEO David Simon. IBJ has the story.
For the second year in a row, a group of students from Indiana University Robert H. McKinney School of law is competing in a prestigious international business law competition in Vienna, Austria.