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Expert says 1-percent cut in recidivism could save state millions
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
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
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
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
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’
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.
Retired Indiana chief justice assures ND law students ‘it will turn out well’
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.
Zoeller joins multi-state call for e-cigarette regulation
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.
Tax sale stands even though mortgage holder not notified
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.
Justices: Child support agreement must apply changing guidelines
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.
Opinions Sept. 26, 2013 ILD
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.
Opinions Sept. 26, 2013
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.
Supreme Court creates civil legal services commission
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.
IndyBar celebrates Judge Zore, remembers Joe Russell
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.
Attorney who staged own shooting pleads to misdemeanor
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.
Opinions Sept. 25, 2013 ILD
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.
Opinions Sept. 25, 2013
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.
Parental termination remanded over substitute magistrate’s findings
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.
Jury rulings stand in U.S. Steel carbon monoxide poisoning case
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.