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Notre Dame law students received words of comfort and encouragement about their decision to become lawyers from an Indiana jurist who is leading a massive study of the cost and content of legal education.
The Food and Drug Administration should restrict the sale and marketing of increasingly popular e-cigarettes, particularly to minors, Indiana Attorney General Greg Zoeller advocates in joining a letter signed by AGs from 36 other states and three U.S. territories.
The Indiana Supreme Court upheld 20 years of precedent in finding that a county auditor is obligated to notify a mortgage holder of an impending property sale only when that mortgage holder specifically requests a notice.
A father whose annual income included varying bonuses and commissions is obligated to provide child support payments in line with evolving guidelines, despite a support agreement made a year earlier than the rules were revised, the Indiana Supreme Court ruled.
Indiana Court of Appeals
Dagmar Enid Breeden v. James Breeden (NFP)
13A01-1303-DR-131
Domestic relation. Affirms transfer of full custody, care and control of minor child, J.M.B. to father, Breeden.
Indiana Tax Court did not release any opinions by IL deadline. The 7th Circuit Court of Appeals did not release any Indiana opinions by IL deadline.
Indiana Supreme Court
M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank
03S04-1211-CC-645
Civil collection. Reverses the trial court and remands. Rules the requirement in Indiana Code 6-1.1-24-3(b) that a mortgage holder must request a copy of a notice that a parcel of property is eligible for tax sale does not violate the 14th Amendment’s due process clause. The Supreme Court upheld 20 years of precedent in finding the statute is constitutional.
Providing access to civil legal services for low-income Hoosiers will be the focus of a commission established by order of the Indiana Supreme Court.
A veteran Marion Superior trial court judge and a longtime attorney whose death this year saddened the Indianapolis legal community were honored Wednesday by the Indianapolis Bar Association.
A southern Indiana lawyer who rigged a shotgun at a state park that he used to shoot himself in the back has pleaded guilty to a misdemeanor and will receive a suspended sentence while avoiding a felony conviction.
Indiana Court of Appeals
In Re The Marriage of: David L. Fendley v. Misty L. Converse f/k/a Misty L. Fendley (NFP)
20A05-1212-DR-662
Domestic relation. Reverses former husband David Fendley’s motion to set aside a judgment against him for $128,104, holding that a prior agreement between him and ex-wife Misty Converse abated his obligation in 1994.
Brian L. Marchand v. State of Indiana (NFP)
87A01-1209-CR-431
Criminal. Affirms on interlocutory appeal two orders denying Brian Marchand’s motions for discharge under Indiana Criminal Rule 4(C).
Brian McGill v. State of Indiana (NFP)
49A02-1211-CR-934
Criminal. Affirms conviction of Class B felony aggravated battery and finding of habitual offender.
Indiana Surpeme Court and Indiana Tax Court issued no opinions by IL deadline. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Indiana Court of Appeals
Steven Harper and Rose Harper as Co-Personal Representatives of the Estate of Steven Harper, Deceased v. Gerry Hippensteel, M.D.
42A04-1302-MI-95
Miscellaneous/medical malpractice. Affirms trial court grant of summary judgment in favor of Dr. Gerry Hippensteel, concluding that he did not owe a duty to Steven Harper Jr. on the basis of a Collaborative Practice Agreement the doctor signed with a nurse practitioner who provided care. Because Hippensteel took no affirmative action with regard to Harper, he is entitled to summary judgment because no doctor-patient relationship existed or was imposed by the agreement.
A father’s due process rights were violated when a juvenile court stripped him of parental rights based on findings of facts prepared by a magistrate who did not hear from and observe witnesses, the Indiana Court of Appeals ruled Wednesday. The magistrate took over the case after another magistrate, who had conducted the evidentiary hearing in his case, resigned.
A jury’s determinations in a case brought by a contractor who suffered severe carbon monoxide poisoning working at the U.S. Steel plant in Gary were affirmed Wednesday by the Indiana Court of Appeals.
A trial court properly granted summary judgment to a doctor defending a negligence case brought by the estate of a man who died, the Indiana Court of Appeals ruled Wednesday, finding no doctor-patient relationship existed.
The Indiana Psychological Association tried to convince members of the Indiana General Assembly to make a key change to state law governing insanity evaluations Sept. 24, but legislators seemed skeptical of the need for a revision.
Opinions Sept 24, 2013
Indiana Court of Appeals
Indiana Commissioner of Insurance Stephen W. Robertson, on Behalf of the Indiana Patient's Compensation Fund v. Kimi Clark, Personal Representative of the Estate of William Troy Clark, Deceased (NFP)
49A04-1212-CT-652
Civil tort/medical malpractice. Reverses the trial court’s award of $465,000 in damages and remands with instructions to clarify the amount of total damages, the set off for $550,000 in awards received in settlements with other defendants and what damages, if any, were awarded for William Troy Clark’s lost-earning capacity.
In the Matter of the Supervised Estate of Violet Whitaker, Deceased, Stephen Whitaker and Damian Whitaker v. Ferdinand Clervi, Personal Representative (NFP)
49A02-1212-EU-1022
Estate. Affirms probate court order approving the verified closing statement for the estate of Violet Whitaker.
In the Matter of A.S.G., A.M.G., S.T.B., and A.G.B., Children Alleged to be Children in Need of Services, B.G., Mother, and S.B., Father v. Indiana Department of Child Services (NFP)
02A03-1304-JC-158
Juvenile. Affirms trial court determination that A.S.G, A.M.G., S.T.B and A.G.B. are children in need of services.
Ervin McClung v. State of Indiana (NFP)
27A02-1302-CR-134
Criminal. Affirms conviction of Class A misdemeanor criminal recklessness and Class B misdemeanor battery.
A.T. v. State of Indiana (NFP)
49A02-1212-JV-980
Juvenile. Affirms adjudication of delinquency for committing what would be Class C felony child molesting if committed by an adult.
Kevin Cortez Brown v. State of Indiana (NFP)
45A03-1212-CR-543
Criminal. Affirms conviction of murder and habitual offender.
Angela R. Reed v. Sally L. Ashcraft (NFP)
02A03-1301-PO-23
Protective order. Affirms dismissal of protection order Angela Reed received against Sally Ashcraft.
Reverse Mortgage Solutions, Inc., v. The Supervised Estate of Richard C. Holman (NFP)
29A05-1212-ES-660
Estate. Affirms probate court order denying Reverse Mortgage Solutions’ motion to vacate its prior order granting the successor personal representative’s petition to approve the sale of the real estate and close the supervised estate of Richard Holman.
Dillon Grissell v. State of Indiana (NFP)
90A02-1304-CR-302
Criminal. Affirms three-year sentence for conviction of Class D felony theft.
Nancy Harney v. Denny's Restaurant, Inc., B.R. Associates, Inc., and Citizens Bank of Michigan City Indiana (NFP)
84A05-1304-CT-184
Civil tort. Reverses grant of summary judgment in favor of Denny’s and co-defendants and remands with instructions to dismiss for lack of subject matter jurisdiction.
John Aikman v. City of Indianapolis (NFP)
49A04-1209-OV-470
Local ordinance violation. Affirms a trial court injunction barring John Aikman from owning or caring for animals in Marion County after numerous dogs were seized from his home for violations of Chapter 531 of the Revised Code of the Consolidated City and County Indianapolis/Marion, Indiana.
Joseph Prewitt v. State of Indiana (NFP)
36A01-1302-CR-85
Criminal. Affirms revocation of in-home detention.
John E. Wall v. State of Indiana (NFP)
56A03-1211-CR-508
Criminal. Affirms conviction of Class C felony nonsupport of a dependent.
Shawn Rigsby v. State of Indiana (NFP)
02A03-1304-CR-120
Criminal. Reverses sentence that includes a 1999 habitual offender enhancement, which followed a prior sentence that included a habitual offender enhancement, and remands to the trial court with instructions for resentencing that does not include consecutive habitual offender sentences.
Indiana Supreme Court issued no opinions before IL deadline Tuesday.
U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.
Opinions Sept 24, 2013
Indiana Court of Appeals
Jerome Milian v. State of Indiana
79A02-1302-CR-197
Criminal. Affirms trial court denial of Jerome Milian’s pro se motion to withdraw his plea of guilty to Class A felony dealing cocaine. The court concluded that Milian, who was represented at his pro se hearing by stand-by counsel, received multiple advisements and admonishments from the trial court regarding his rights, and in particular, his right to representation by counsel. Milian failed to meet his burden of proving that he was subjected to manifest injustice.
A criminal defendant represented by counsel who unsuccessfully argued on his own to withdraw a guilty plea to a Class A felony charge of dealing cocaine had a burden of proving manifest injustice, which he failed to do, the Indiana Court of Appeals ruled Tuesday.
The assessment of a Shelbyville CVS store is lower than the county wanted, higher than the drugstore chain wanted, but just right, the Indiana Tax Court concluded.
July 2013 bar exam results were published today, and 416 of 557 people sitting for the test passed, according to statistics posted by the Indiana Board of Law Examiners.