Valparaiso attorney slapped with 5th felony charge
Valparaiso attorney Clark Holesinger, charged last month with four felony counts alleging he stole more than $1.6 million from clients, now faces a fifth count alleging theft from another client.
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Court of Appeals saw fewer cases in 2013
The Indiana Court of Appeals in 2013 received and decided fewer cases than in any of the five prior years, according to the court’s annual report released Tuesday.
Opinions March 11, 2014 ILD
Indiana Court of Appeals
In the Matter of the Involuntary Termination of the Parent-Child Relationship of B.P., C.P., and D.P., the minor children, and A.H., the Mother, and J.P., the Father: A.H. and J.P. v. IDCS (NFP)
89A04-1310-JT-525
Juvenile. Affirms involuntary termination of A.H.’s (mother) and J.P.’s (father) parental rights to their children, B.P., C.P. and D.P.
Fidelity and Deposit Co. of Maryland v. Sheet Metal Workers' International Association Local Union No. 20, Sheet Metal Workers Local No. 20 Welfare and Benefit Fund, et al. (NFP)
03A01-1309-PL-380
Civil plenary. Affirms summary judgment in favor of the Sheet Metal Workers’ International Association Local Union No. 20, et al. Concludes the union may properly make claims for payment of unpaid fringe benefit contributions and remitted wages for dues under the public works payment bond.
Dennis J. Turner v. State of Indiana (NFP)
06A01-1308-PC-347
Post conviction. Affirms denial of Turner’s petition for post-conviction relief.
In the Matter of the Termination of the Parent-Child Relationship of: K.S. & A.S. (minor children); K.D. (Mother) v. The Indiana Department of Child Services (NFP)
04A04-1305-JT-225
Juvenile. Affirms involuntary termination of K.J.D.’s (mother) parental rights to her children, K.S. and A.S.
Gregory K. Cox v. State of Indiana (NFP)
53A05-1308-PC-376
Post conviction. Affirms denial of Cox’s petition for post-conviction relief from his convictions following a plea of guilty to two counts of attempted murder, each as a Class A felony.
Indiana Office of Utility Consumer Counselor v. Indiana Michigan Power Company and Steel Dynamics, Inc. (NFP)
93A02-1303-EX-233
Civil. Affirms Indiana Utility Regulatory Commission’s granting of the electric rate increase requested by Indiana Michigan Power.
Laurence F. Myers, Jr. v. State of Indiana (NFP)
79A02-1308-CR-755
Criminal. Affirms 42-year sentence imposed after Myers’s pleaded guilty to burglary as a Class B felony and being a habitual offender, and auto theft as a Class C felony.
The Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not post any Indiana opinions by IL deadline.
Opinions March 11, 2014
Indiana Supreme Court
State of Indiana v. Adrian Lotaki
32S01-1403-CR-151
Criminal. Reverses sentencing order, holding the trial court erred in calculating credit time for a battery committed while Adrian Lotaki was serving a sentence in the Department of Correction. Because sentences for crimes committed in prison are by statute served consecutively, the credit time awarded against the battery conviction effectively enabled Lotaki to serve part of his consecutive sentence concurrently. Remands for resentencing.
Supreme Court: Father’s consent not needed in adoption
A father who had been incarcerated and failed to keep up with support payments wasn’t denied due process when the children’s mother remarried and her new husband adopted the children.
Miranda warning given during police interview makes confession admissible
A defendant’s confession made during a police interrogation is admissible because while officers questioned the defendant in what they called a “pre-interview,” they Mirandized him before he confessed.
Small-claims hearsay letter properly admitted
A dentist’s letter that said a man suing him had never complained about the service he received was not improperly admitted in a small-claims collections action, the Indiana Court of Appeals ruled.
Justices: Inmate will serve longer term for punching prison worker
A Department of Correction inmate serving a 17-year sentence was improperly given credit time that reduced his sentence for punching a prison worker in the face.
Medmal claim sent via FedEx before deadline was timely filed
A medical malpractice complaint was timely filed when an attorney delivered it to Federal Express a day before the statutory deadline, the Indiana Supreme Court ruled, reversing lower court orders and remanding the complaint to the trial court.
Judge: Case not made for airport justice center site
The judge who has authority over Marion County court facilities is casting doubt on the city’s preferred site for a Criminal Justice Complex at Indianapolis International Airport.
Indiana law schools slip from top 25 in annual rankings
The annual ranking that law schools love to hate was released March 11, and it may stir more emotions than usual in Indiana since none of the state’s law school placed in the top 25.
The IndyBar: Providing HEALing for the Local Legal Community
As the local bar association, the IndyBar takes an active interest in the wellbeing of local legal professionals and their families. One bar program, called “Helping Enrich Attorneys Lives” (HEAL), aims to provide support and/or assistance during times of personal and professional crisis.
IndyBar: Indianapolis Bar Foundation to Award $35,000 Grant
The Indianapolis Bar Foundation (IBF) is now accepting applications through April 1 for its Impact Fund Grant of at least $35,000 to be awarded in late May 2014. Application instructions and additional information can be found at indybar.org/ibf.
Abrams: 5 Things I Wish I Had Known My First Year Of Practicing Law
After having the luxury of practicing law for over 30 years and looking back on the first few years of practice, there are several things that I have learned that I sure wish I had known as a young lawyer.
IndyBar: ‘The Best Style “Handbook”’ For Lawyers and Judges (Part I)
Like other Americans, lawyers and judges most remember British novelist and essayist George Orwell (1903-1950) for his two signature books, Animal Farm and 1984. Somewhat less known is his abiding passion about the craft of writing. It was a lifelong passion, fueled (as Christopher Hitchins recently described) by Orwell’s “near visceral feeling for the English language.”
Indiana Tech Law School mentors bring law to life
A unique program at the Fort Wayne school matches students with attorneys and judges for real-world learning.
Boulukos: Guiding clients through an executive intervention
When an executive’s substance abuse triggers a personal and professional free fall, colleagues may be slow to recognize that the bottom is coming – and fast. At some point, and hopefully before permanent damage has been done, the fact that the leader has become a liability is impossible to ignore.