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Opinions April 9, 2014 ILD

Indiana Court of Appeals
Abelardo Perez-Romero v. State of Indiana (NFP)
20A03-1307-CR-290
Criminal. Affirms convictions of two counts of Class A felony child molesting.

Matthew McKinney v. State of Indiana (NFP)
15A01-1309-CR-399
Criminal. Affirms 30-year aggregate sentence following guilty plea to two counts of dealing in a schedule II controlled substance, one as a Class A felony and one as a Class B felony; and Class C felony dealing in marijuana.

Roger T. Fox v. State of Indiana (NFP)
52A02-1307-IF-608
Infraction. Affirms citation for failing to wear a seatbelt under I.C. 9-19-10-2.

In the Matter of the Termination of the Parent-Child Relationship of: G.G. (Minor Child), And A.S. (Mother) & G.G., Jr. (Father) v. The Indiana Department of Child Services (NFP)
18A05-1308-JT-418
Juvenile. Affirms termination of parental rights.

Risha Warren v. Review Board of the Indiana Department of Workforce Development and Springs Valley Community School Corp. (NFP)
93A02-1311-EX-949
Agency action. Affirms denial of unemployment benefits.

Antione Marshall v. State of Indiana (NFP)
27A05-1308-CR-425
Criminal. Affirms revocation of probation and order Marshall serve his previously suspended sentence.

Zar Dyson v. State of Indiana (NFP)
27A02-1302-CR-135
Criminal. Affirms that the trial court properly denied Dyson’s motion to strike an amended charging information and acted within its discretion in refusing to give his tendered jury instruction that defined “recklessly.” Concludes that the evidence was sufficient to support Dyson’s convictions for intimidation and pointing a firearm. The conviction and sentence for the lesser offense—pointing a firearm—must be set aside on double jeopardy grounds because there was a reasonable possibility that the jury used the exact same evidence to convict Dyson of both offenses. Affirms 20-year aggregate sentence, except for the erroneous sentence imposed for pointing a firearm. Judge Crone concurs in part and dissents in part.

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.
 

Opinions April 9, 2014

Indiana Court of Appeals
In re the Order for the Payment of Attorney Fees and Reimbursement of Expenses, State of Indiana v. Jeffrey Cook
48A02-1307-MI-615
Miscellaneous. Affirms order the state should pay Pendleton Correctional Facility inmate Jeffrey Cook’s appellate counsel $5,232.35 in attorney fees and expenses. I.C. 33-37-2-4, which recognizes the financial burden placed on counties containing state correctional facilities, and shifts the burden to the state to pay both trial and appellate costs.

Judges affirm attorney fees from State Farm’s ‘groundless’ lawsuit

A car dealership accused of playing a role in a car fire that destroyed four cars and part of a man’s home is entitled to the more than $12,000 in attorney fees awarded to it after State Farm’s negligence lawsuit was dismissed. The Indiana Court of Appeals noted the insurer’s refusal to dismiss the claim despite knowing the dealership was not at fault for the fire.

8 more claim abuses in suspended Clark County drug court

Eight new plaintiffs have been added to a federal civil-rights lawsuit claiming officials involved in Clark County’s suspended drug court program jailed participants for months without due process, conducted improper searches and made unauthorized arrests.

Councilor: ACLU settlement won’t deter panhandling proposal

The city of Indianapolis reached a settlement with the American Civil Liberties Union over enforcement of its panhandling ordinance, but that won't deter a City-County Council effort to pass a more restrictive law, a councilor said Wednesday morning.

Opinions April 8, 2014 ILD

Indiana Court of Appeals
Michael A. Ney v. Susan A. Ney (Beery) (NFP)
49A02-1309-DR-836
Domestic relation. Affirms denial of Michael Ney’s motion to decrease his child support obligation.

Melissa K. Klabunde v. Kirk A. Klabunde (NFP)
48A04-1306-DR-306
Domestic relation. Affirms decree of dissolution which includes an unequal division of marital assets in Melissa Klabunde’s favor.  

The Indiana Supreme Court and the Indiana Tax Court did not submit any opinions by IL deadline. The 7th Circuit Court of Appeals did not post any Indiana opinions by IL deadline.

 

Carson to honor McKinney alums for public interest work

Indiana 7th District Rep. Andre Carson will be the keynote speaker at Indiana University Robert H. McKinney School of Law’s annual Public Interest Recognition Dinner April 12, where three graduates will be honored for their work.

Justices grant transfer in 2 wrongful death cases

The Indiana Supreme Court will consider whether attorney fees awarded as damages in wrongful death cases from the Indiana Patients Compensation Fund are subject to a 15 percent cap of the total reward. It’s one of two appeals justices accepted last week, both involving wrongful death cases.

Lilly ordered to pay $3 billion for hiding cancer risk of drug

Takeda Pharmaceutical Co. and Eli Lilly and Co. were ordered to pay a combined $9 billion after a federal court jury found they hid the cancer risks of their Actos diabetes medicine in the first U.S. trial of its kind. Lilly's portion of the damage award is $3 billion, an amount that represents nearly 13 percent of its 2013 revenue total of $23.1 billion. IBJ has the story.

 

Abrams: Do You Really Want To Manage The Firm?

So for all of you reading this article, if at some point in time you are asked to take over the helm of your firm, please consider it carefully, understanding the increased responsibilities but cherishing the opportunity if it is right for you.