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Tuesday is the deadline to register for Oct. 29 Ethics CLE

October 1, 2013

Indiana Lawyer will host Practicing Law in Indiana: Ethics CLE on Oct. 29 in Indianapolis. Limited seating is available, and the RSVP deadline is Oct. 22. Register today!

James Bell of Bingham Greenebaum Doll will moderate the program, and featured speakers include G. Michael Witte, executive secretary of the Indiana Supreme Court Disciplinary Commission; Dennis McKinney, staff attorney at the Indiana Supreme Court Disciplinary Commission; Donald Lundberg, partner at Barnes & Thornburg; and attorney Jon Pactor.

Registration will begin at 12:30 p.m. and the program runs from 1 to 3:15 p.m. at the offices of Bingham Greenebaum Doll in Indianapolis. Registration fee is $89. Attendees will earn two hours of CLE/ Ethics credit. Indiana Lawyer is presenting this Ethics CLE program in partnership with Bingham Greenebaum Doll.

Visit Indiana Lawyer's events page to register online or to download a printable registration form. For questions or more information, contact Karen Aruta at 317-472-5201 or [email protected].
 

Opinions Sept. 30, 2013 ILD

September 30, 2013

Opinions, Sept. 30, 2013

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of K.C., R.C., and B.C., Minor Children and R.C., Father v. Indiana Department of Child Services (NFP)
72A01-1301-JT-35
Juvenile. Affirms involuntary termination of R.C.’s (father) parental rights to K.C., R.C. and B.C.

Joseph A. Taylor v. Dr. William H. Wolfe, in his Individual Capacity as an Employee of Corizon and Medical Director at the Pendleton Correctional Facility, Corizon, Inc., and Pharma Corr, (NFP)
48A05-1212-PL-638
Civil Plenary. Affirms dismissal of Taylor’s complaint against Wolfe, Corizon Inc. and Pharma Corr for lack of subject matter jurisdiction.

In the Matter of; H.B., G.M., P.M., and A.C. (Minors), C.M. (Mother) v. The Indiana Department of Child Services and Lake County Court Appointed Special Advocate (NFP)
45A03-1302-JT-62
Juvenile. Affirms order terminating C.M.’s (mother) parental rights to her minor children, H.B., G.M., P.M. and A.C.

Gerald W. Staton v. Dawn M. Dobyns-Gross, Indiana Family Social Services Administration, Tippecanoe County, Indiana and Tippecanoe County Prosecutor (NFP)
79A02-1305-CT-412
Civil Tort. Affirms denial of Staton’s motion to correct error and the dismissal of Staton’s complaint.

Mark Burkett v. State of Indiana (NFP)
09A04-1305-CR-262
Criminal. Affirms 20-year sentence for criminal confinement, a Class B felony.

Brandon Stewart v. State of Indiana (NFP)
45A03-1301-CR-6
Criminal. Affirms conviction for two counts child molesting, both Class A felonies, one count sexual misconduct with a minor, a Class B felony, one count child molesting, a Class C felony, and one count sexual misconduct with a minor, a Class C felony. Also affirms aggregate sentence of 46 years.
 
The Indiana Supreme Court and the Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

Opinions Sept. 30, 2013

September 30, 2013

Opinions, Sept. 30, 2013

Indiana Court of Appeals
Jeffrey Archer v. State of Indiana

49A05-1209-CR-448
Criminal. Affirms Class A felony conviction of child molestation, rejecting arguments that the trial court’s statement about the victim’s competency was an impermissible vouching statement and that the court improperly allowed vouching statements by multiple witnesses. The court’s denial of Archer’s request to present evidence of the victim’s post-allegation demeanor also was proper, as were jury instructions and the effectiveness of Archer’s trial counsel.

Indecision over peremptory challenge waives defendant’s ability to appeal

September 30, 2013

A defense counsel’s courtroom debate over how to use his final peremptory strike prohibited the defendant from appealing the trial court decision to retain a juror who raised concerns about impartiality.

Failure to object to anonymous jury not ineffective assistance

September 30, 2013

A man convicted of murdering his 39-week-pregnant estranged wife cannot claim he received ineffective assistance of counsel because his attorney failed to object to an anonymous jury, the Indiana Court of Appeals ruled Monday.

Ruling: Magistrate improperly heard support case assigned to special judge

September 30, 2013

A father whose lawyer was surprised to see a magistrate presiding at his child support modification hearing that had been docketed with a special judge won a new hearing from the Indiana Court of Appeals on Monday.

No cash refund required for defective chest of drawers, COA rules

September 30, 2013

Although the Indiana Court of Appeals noted that the adage “buyer beware” did not apply, it still found that a customer who discovered a defect in a piece of furniture after purchase was not entitled to a cash refund.

Justices decline to suspend Marion Superior judge, appoint masters

September 30, 2013

The Indiana Supreme Court on Monday declined to suspend Marion Superior Judge Kimberly Brown over a 45-count disciplinary complaint lodged against her, but appointed three special masters to hear the case on an expedited basis.

Small-claims change of judge time limit further divides appellate courts

September 30, 2013

How long a small-claims court litigant has to request a change of judge is a question that divided a Court of Appeals panel Monday, where a majority found that an earlier appellate panel majority got it wrong. The dissenting judge authored the prior opinion, and said it shouldn’t be disturbed even if it may have been wrongly decided.

No evidence that missed deadline was result of ineffective attorney

September 30, 2013

A Boone County man’s failed attempt to get a jury trial was not the result of ineffective counsel but because he missed the statutory deadline, the Indiana Court of Appeals ruled.

Justices pass on Star anonymous online commenter case, reinstate order to identify

September 30, 2013

The Indiana Supreme Court chose not to further review long-running litigation involving whether The Indianapolis Star must reveal the identity of an online commenter. The decision came one day after justices heard oral arguments.

Summary judgment improper in non-compete clause appeal

September 30, 2013

A trial court erred in granting summary judgment in favor of a former employer that sought to exercise a non-compete clause in the contract of an airline mechanic who went to work for another company.

Panel affirms molesting conviction, rejects vouching, competency challenges

September 30, 2013

A man’s conviction of Class A and Class C felony child molesting was affirmed by the Indiana Court of Appeals Monday as judges rejected challenges of the victim’s competency to testify and whether the court allowed vouching testimony by multiple witnesses.

No immediate impact on courts if government shuts down

September 30, 2013

The federal judicial system will conduct business as usual, even if Congress fails to reach a funding agreement before midnight tonight.

Expert says 1-percent cut in recidivism could save state millions

September 27, 2013

A researcher from the Indiana University Public Policy Institute told lawmakers Thursday that the state could save millions of dollars simply by reducing recidivism rates by 1 percent.  IBJ.com has the story.

 

Opinions Sept. 27, 2013, ILD

September 27, 2013

The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.

Indy attorney ID card fee to increase, but so should perks

September 27, 2013

The fee lawyers pay for identification allowing them to avoid security checkpoint lines at the City-County Building in Indianapolis will increase, but so will the functionality of the cards, according to a proposal adopted Friday.

2014 Leadership in Law nominations due today

September 27, 2013

The Indiana Lawyer invites you to nominate a member of Indiana’s legal community for a 2014 Leadership in Law Award. Attorneys eligible for nomination as a Distinguished Barrister have practiced law a minimum of 20 years, while attorneys eligible for nomination as an Up and Coming Lawyer have been practicing 10 years or less.

Leadership in Law awards recognize lawyers who have shown a commitment to their clients, their communities, and the continued betterment of the legal profession. Serving as professional leaders, on boards and in civic organizations, and as mentors for young lawyers, honorees exemplify the best of the Bar. Nominations may be submitted by a colleague, community member, or the nominee. The deadline for submitting nominations is Jan. 22, 2014.

More information about the Indiana Lawyer's Leadership in Law awards and submitting a nomination may be obtained here. A list of honorees from past years may be viewed here.
 

Registration and IOLTA deadline looming

September 27, 2013

Time is running out for Indiana attorneys to complete their annual attorney registration payments and IOLTA certification. The deadline is Oct. 1.

Irked judge in tanning trademark dispute: ‘This is a busy Court’

September 27, 2013

A federal judge warned a tanning product maker and lawyers defending it from a trademark infringement claim that they were dangerously close to getting burned.

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In This Issue

  • Will Trump’s interest in reclassifying marijuana push Indiana toward legalization?

  • Legislators take closer look at medical debt protections

  • Global law firm ups competition for Indiana casino clients

Most Read
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  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

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