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.
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Opinions May 13, 2014 ILD
Indiana Court of Appeals
Antonio Beaven v. State of Indiana (NFP)
49A02-1309-CR-811
Criminal. Affirms adjudication as a habitual offender.
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 13, 2014
Indiana Supreme Court
In re Mental Health Actions for A.S., Sara Townsend
10S01-1402-MH-113
Mental health. Reverses finding that Sara Townsend was in indirect civil contempt after completing an application to initiate immediate emergency treatment for her co-worker, A.S. The trial court lacked statutory authority to find her in contempt and her actions did not place her under the trial court’s authority to impose sanctions as an inherent power of the judiciary.
Justices: Cop went too far in saying man’s race prevented a fair trial
The Indiana Supreme Court had strong words for police officers who intentionally mislead a suspect as to his rights to a fair trial and impartial jury because of his race: The tactic is unacceptable.
Justices: Woman who had co-worker committed not in contempt of court
A Clark Circuit judge lacked statutory authority to find a nurse in indirect civil contempt for completing an application for emergency detention of her co-worker, the Indiana Supreme Court ruled Tuesday.
7th Circuit issues correction in PepperBall opinion
The 7th Circuit Court of Appeals issued an order Monday correcting errors in its May 9 opinion on whether Indiana has jurisdiction to hear a dispute over intellectual property issues between two California companies.
COA: Wife is entitled to maintenance, larger amount of marital estate
The Indiana Court of Appeals has ordered a trial court to divvy up a marital estate with more than 50 percent of it going to the wife because she rebutted the presumption of an equal division.
Opinions May 12, 2014 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court posted no opinions by IL deadline Monday. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline Monday.
Opinions May 12, 2014
Indiana Tax Court
West Ohio II, LLC v. Marion County Assessor, Marion County Treasurer, and Marion County Auditor
49T10-1404-TA-9
Tax. Grants the county’s motion to dismiss for lack of subject matter jurisdiction West Ohio II’s petition asking the Tax Court to enjoin the collection of property taxes related to a disputed portion of its $39 million assessment. Injunctive relief cannot be granted before an original tax appeal has been initiated.
Lawyer resigns over adding fee requirement to plea deal
An Indianapolis attorney who ran for elected office multiple times has resigned from the bar rather than face a disciplinary charge that he added a demand for a fee to a client’s proposed criminal plea agreement.
Lilly to appeal $450M ruling over poisoned workers in Brazil
Eli Lilly and Co. plans to appeal a ruling from a judge in Brazil that fined the pharmaceutical giant and an Italian firm $450 million for poisoning workers at a manufacturing plant in the South American country.
Judge rejects petitioners’ requests to prevent tax collection
Because petitioners seeking to enjoin the collection of tax filed their petitions before an original tax appeal was initiated, the Indiana Tax Court granted Marion County’s motions to dismiss.
Justices to decide if defendant was ‘annoying’
The Indiana Supreme Court will decide whether the portion of the public intoxication statute enacted two years ago that uses the term “annoys” is void for vagueness, as the Indiana Court of Appeals held earlier this year.
Judges reverse judgment in favor of town in water agreement dispute
A trial court erred as a matter of law in its interpretation of a disputed section of a water agreement between a real estate developer and the town of Huntertown; as such, the Indiana Court of Appeals reversed partial summary judgment in favor of the town.
Leadership in Law reception photos now online
Photos from this year's reception honoring Indiana Lawyer's Leadership in Law Award winners held May 1 in Indianapolis are now online. Meet 2014's Distinguished Barristers & Up and Coming Lawyers.
Indiana doesn’t have jurisdiction in IP suit, rules 7th Circuit
The 7th Circuit Court of Appeals ordered a District judge to dismiss a case filed by a company with California ties against another California company alleging various IP violations. The judges found Indiana does not have personal jurisdiction over the matter based on emails the allegedly offending company sent.
Opinions May 9, 2014 ILD
Indiana Court of Appeals
James Cody Ertel v. State of Indiana (NFP)
15A05-1307-CR-372
Criminal. Affirms 12-year sentence for Class B felony child molesting.
Brian S. Moore v. Kristy L. Moore (NFP)
49A04-1308-DR-401
Domestic relation. Affirms modification of parenting time and legal custody, reverses income imputed to father for child support purposes in the amount of $50,000 a year and remands for further proceedings.
George H. Glawson v. State of Indiana (NFP)
05A05-1309-CR-478
Criminal. Affirms conviction and sentence for Class D felony failure to return to lawful detention.
In Re: The Visitation of H.B., A.B. v. T.S. and A.S. (NFP)
87A01-1309-MI-415
Miscellaneous. Remands to the trial court for new findings and conclusions without hearing new evidence as the findings and conclusions by the trial court regarding relevant factors are incomplete.
Robert Campbell v. State of Indiana (NFP)
89A04-1309-CR-490
Criminal. Affirms finding that Campbell was in contempt of court but remands for the trial court to impose a sentence not exceeding six months. Affirms decisions forbidding the application of good-time credit in these circumstances.
In re the Adoption of M.D.: S.D. (Father) v. S.F. (Mother), and D.M. (Adoptive Parent) (NFP)
71A03-1309-JP-363
Juvenile. Affirms grant of stepfather’s petition to adopt M.D.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Opinions May 9, 2014
7th Circuit Court of Appeals
Advanced Tactical Ordnance Systems Inc. v. Real Action Paintball Inc. and K.T. Tran
13-3005
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Reverses finding that the court has personal jurisdiction and that Advanced Technical was entitled to a preliminary injunction. Remands with directions to dismiss for lack of personal jurisdiction. There is no evidence that defendant Real Action has the necessary minimum contacts with Indiana to support specific jurisdiction.
Indiana Supreme Court will hear appeal of right-to-work law
Indiana justices will hear arguments in September on the state's right-to-work law, which was declared unconstitutional last year by Lake Superior Judge John Sedia. IBJ has more.
Man lacks standing to pursue cause of actions in failed home purchase
The Indiana Court of Appeals affirmed that the underwriter of title insurance stands in the shoes of its insureds, so a man suing several entities over a failed home purchase lacks standing to pursue his causes of action.