Opinions Oct. 2 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
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Legislature’s criminal law and courts committees continue interim studies
Indiana legislative study committees examining the criminal code and courts will hold separate hearings on Oct. 8 at the Indiana Statehouse.
Annual survey finds fewer law school admissions and applications
A majority of law schools across the United States are cutting their admissions for the second year in a row and a significant portion expect to continue the reduction in class size next year, according to the 2013 Kaplan Test Prep law school survey released Oct. 1.
Opinions Oct. 1, 2013 ILD
Indiana Court of Appeals
Samuel C. Bowyer v. Kelley S. Bowyer (NFP)
18A02-1301-DR-88
Domestic relation. Reverses and remands denial of Sam Bowyer’s petition for modification of his child support. In his dissent, Judge James Kirsch concurred with the reversal but disagreed with the majority’s conclusion that the trial court did not abuse its discretion in denying the Bowyer’s petition on the basis that 12 months had not lapsed between the time the support order was issued and the petition was filed. Kirsch maintained since Kelley Bowyer did not raise the issue of the premature filing until nearly 18 months after the support order was entered, the trial court should have exercised is discretion and deemed the petition re-filed at the end of the 12-month period.
Kenneth W. Gibbs-El v. Christopher E. Meloy, et al. (NFP)
49A04-1303-PL-101
Civil plenary. Affirms the trial court’s decision to grant the parole board’s motion to dismiss Gibbs-El’s “civil plenary action suit for damages.”
Brant Construction, LLC; and Dune Harbor, LLC v. Circle R Electric, Inc.; DeBoer Egolf Corporation; Auditor, Porter County, Indiana; First National Bank of Illinois; and Wachovia Financial Svcs. (NFP)
64A03-1204-CC-159
Civil collection. Grants Brant Construction’s and Dune Harbor’s petition for a rehearing on their claim that any decision regarding their contracts with Circle R should also apply with equal force to their contracts with DeBoer Egolf. Also denies their “Motion to Ratify Clerk’s Inadvertent Consolidation of Appeals and for Consolidated Briefing Schedule” as moot.
Warren E. Large v. State of Indiana (NFP)
84A01-1303-CR-133
Criminal. Affirms trial court’s order that Large serve his previously suspended sentence for violating the terms of his probation.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issues no Indiana opinions by IL deadline.
Opinions Oct. 1, 2013
Indiana Court of Appeals
Christina Atkins, and Kyla Atkins, by her parent and next friend Christina Atkins v. Veolia Water Indianapolis, LLC
49A02-1302-CT-181
Civil tort. Affirms denial of Atkins’ motion for leave to file a belated appeal under Indiana Trial Rule 72(E). Finds in order for remedy under the trial rule, counsel has to first establish either the court did not send a copy of the order, ruling or judgment or sent a copy to the wrong address. Lack of notice is the prerequisite before any relief can be granted. Atkins’ counsel received notice of the court’s judgment in favor of Veolia but misfiled it. Therefore, Atkins had received the notice and cannot obtain relief under Rule 72(E).
Justices to weigh civil court rulings in criminal wrongful death case
A Lake County civil case filed against a driver who hit a woman causing fatal injuries will go before the Indiana Supreme Court to determine whether the court’s preliminary motions delaying the case were proper.
Misplaced court order not the same as undelivered, COA rules
Reviewing an appeal arising from a misplaced court order, the Indiana Court of Appeals has made clear that relief under Indiana Trial Rule 72(E) requires evidence that counsel did not receive the court’s notice.
Tuesday is the deadline to register for Oct. 29 Ethics CLE
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
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
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
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
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
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
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
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
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
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
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
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
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.