Living Fit: Create a better work-life balance
One of the main questions Sharon McGoff is asked as a wellness coach is, “How do I find balance in my life between work and home?”
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Dean’s Desk: Notre Dame dean provides perspective on ‘grading the graders’
Dean Nell Jessup Newton writes about how when she performs faculty reviews each spring, she is humbled by the amount of work undertaken by her colleagues to mentor students, contribute to the development of the law, increase the academic reputation of the law school, and build a great community.
Former IURC chair’s appeal raises questions on official misconduct law
Did a former state utility regulator’s behavior that got him fired rise to official misconduct if he committed no crime? An Indiana Court of Appeals panel grappled with that question, as well as which version of the law applies, during oral arguments March 31.
Law firms fight ‘onerous’ proposed tax change
Lawyers representing Indiana’s legal profession are heading to Washington, D.C., with a message for their congressional delegations – kill a proposal that would change the way many law firms report income-tax obligations.
Former editors say Law Review experience invaluable
Outside academic institutions, law reviews are seen in a different, sometimes less flattering, light. The common complaints about publications include concerns that students are editing the articles, getting a piece published can take months, and the end product has little relevance to the practicing bar.
Senior status not likely to slow Judge Barker
Attorneys and judges alike say whenever Judge Sarah Evans Barker is on the bench, there is no question who is in charge in that courtroom. This is a judge they universally describe as well-prepared, well-organized and authoritative, but not averse to occasionally introducing a little humor in the proceedings.
New portable alcohol monitoring device gains favor in community corrections
Offenders ordered to forgo alcohol in order to stay out of prison now have a powerful incentive to stay sober – they hold the key to their freedom in their hands.
Opinions April 7, 2014 ILD
Indiana Court of Appeals
Christian Dailey v. David Building Group (NFP)
49A02-1310-CT-906
Civil tort. Affirms trial court order granting summary judgment in favor of Davis Building Group on Christian Dailey’s negligence claim.
North Central Cooperative, Inc. v. John R. Garrison (NFP)
08A02-1304-CT-345
Civil tort. Affirms trial court order granting Garrison’s motion to amend his negligence complaint.
Andre Botley v. Dilmar Sanchez (NFP)
49A05-1311-CT-567
Civil tort. Reverses trial court dismissal of Botley’s negligence claim, remanding with instructions to reinstate the claim.
Trena Marie Gagliardo v. State of Indiana (NFP)
76A03-1306-CR-209
Criminal. Affirms Class C felony conviction of nonsupport of a dependant child.
Lakila Gill v. State of Indiana (NFP)
49A02-1307-CR-633
Criminal. Affirms conviction of Class A felony attempted murder and reverses sua sponte conviction of Class B felony aggravated battery on double-jeopardy grounds. Remands with instructions to vacate the battery conviction. Gill’s 20-year aggregate sentence is unchanged.
The Indiana Supreme Court and Indiana Tax Court posted no opinions by IL deadline.
Opinions April 7, 2014
7th Circuit Court of Appeals
United States of America v. Stephanie L. Donelli
13-2548
Criminal. Affirms 60-month sentence for convictions of wire fraud and tax evasion. Donelli’s claim that the trial court erred by failing to consider her mental illness, bipolar II disorder, as a principal argument in mitigation was rejected because she failed to present the diagnosis as a principal argument in mitigation, and because she waived the argument by failing to object to her sentence apart from the fact that it was above the guidleline range.
Bipolar defense fails in wire fraud, tax evasion appeal
A woman sentenced to five years in prison after she pleaded guilty to charges of wire fraud and tax evasion for swindling an elderly couple failed to persuade the 7th Circuit Court of Appeals to revise her sentence.
FSSA able to terminate 9-year Medicaid provider contract without cause
An Indiana Court of Appeals panel unanimously rejected a company’s argument that its state contract was wrongfully terminated. The company argued it has a property interest in continuing to be a Medicaid services provider.
Judgment for investment advisor upheld as breach, wage claim
Rulings in favor of an investment adviser who claimed breach of contract and violation of the Wage Claims Act were affirmed Monday by the Indiana Court of Appeals, as was his request for appellate attorney fees.
Man who sped through construction zone loses appeal
A man who a state trooper stopped for following too closely through an Interstate 70 construction zone lost his appeal arguing that admission of evidence violated the Fourth Amendment and was fundamental error.
Workshop designed to help educators teach students about the courts
Teachers from across the state will be getting an up-close view of the judicial system through a one-day workshop hosted by the Indiana Supreme Court and the Indiana Bar Foundation.
Mom’s one-time meth use does not support CHINS case
A mother’s isolated use of methamphetamine by itself is insufficient to sustain a child in need of services finding, the Indiana Court of Appeals ruled Monday.
Hearing on motion for TRO on marriage statute Thursday
The multiple challenges to Indiana’s ban on same-sex marriage are picking up steam with the federal court scheduling arguments regarding a temporary restraining order and the state filing a motion to dismiss one of the lawsuits.
Opinions April 4, 2014 ILD
Indiana Court of Appeals
Bruce E. Phillips v. State of Indiana (NFP)
47A01-1304-CR-148
Criminal. Affirms convictions and aggregate 16-year sentence for Class B felony conspiracy to commit dealing in methamphetamine and Class D felony possession of chemical reagents or precursors with intent to manufacture controlled substances.
Corey Coleman v. State of Indiana (NFP)
49A02-1307-CR-594
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
In re: the Grandparent Visitation of C.S.N.: Brooke Neuhoff v. Scott A. Ubelhor and Angela S. Ubelhor (NFP)
19A05-1311-MI-542
Miscellaneous. Stays trial court order granting visitation with minor child to parental grandparents and retains jurisdiction. Remands to the trial court with instructions to issue new findings and conclusions within 30 days. Grandparent visitation is suspended pending review.
Shawna Gallagher v. Jacob Gallagher (NFP)
37A03-1308-DR-342
Domestic. Reverses order modifying physical custody of minor children in favor of father, Jacob Gallagher, finding the trial court erred because there was no substantial change in circumstance.
In re: the Marriage of: Carrie A. Chapman v. Stephen L. Chapman (NFP)
02A05-1307-DR-343
Domestic. Affirms award of child support.
The Indiana Supreme Court and Tax Court issued no opinions by IL deadline Friday. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
Opinions April 4, 2014
7th Circuit Court of Appeals
The following opinion was issued after IL deadline Thursday.
United States of America v. Lori Hargis
12-2153
Criminal. Affirms 60-month sentence for Lori Hargis’ conviction of conspiracy to use fire to commit wire fraud for her role in recruiting a man to set fire to her home to collect insurance proceeds. Circuit judges rejected Hargis’ argument that the District Court erred when it adjusted her sentence from the guideline range of 15 to 21 months in prison, finding that the judge adequately explained his rationale for imposing sentence.
Ex-employee files harrassment lawsuit against ChaCha
A former employee of ChaCha Search Inc. has sued the Carmel firm, claiming the owner’s wife harassed her for suspected infidelity with her husband, and that the company failed to prevent the harassment and a “sexually hostile” work environment. IBJ's Dan Human has the story.
Divided high court affirms DNA unnecessary to establish paternity
Indiana Supreme Court justices split 3-2 in affirming that DNA evidence is not required to establish paternity.