IU McKinney dean emeritus taking legal skills to the Olympics
After receiving the unexpected invitation to help at the 2014 Olympic Winter Games, Gary Roberts said he did not think about it for more than a second before accepting.
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State drops charge against woman held 154 days for 2-day sentence
A Clark County woman improperly jailed more than 150 days was freed earlier this week when prosecutors discovered she was still being held after an order that she spend 48 hours in detention.
Opinions Jan. 28, 2014 ILD
Indiana Court of Appeals
Michael Johnson v. State of Indiana (NFP)
49A02-1307-CR-590
Criminal. Affirms convictions of seven counts of Class A felony and three counts of Class C felony child molesting and habitual offender finding.
Jesse Imel v. State of Indiana (NFP)
48A04-1306-CR-280
Criminal. Affirms conviction and 18-year sentence for Class B felony incest.
John Collins v. State of Indiana (NFP)
15A01-1306-CR-277
Criminal. Affirms conviction of Class D felony auto theft.
Thomas A. Christopher v. Mike Raisor Imports (NFP)
79A05-1304-SC-214
Small claims. Affirms judgment in favor of Mike Raisor Imports.
In the Matter of the Involunatary Termination of the Parent-Child Relationship of K.B., Minor Child, and Her Mother, M.B., M.B. v. Indiana Department of Child Services (NFP)
69A05-1305-JT-230
Juvenile. Affirms termination of parental rights.
Raul Fuentes v. State of Indiana (NFP)
02A03-1306-CR-223
Criminal. Affirms conviction of three counts of Class A felony and four counts of Class C felony child molesting.
Eleanor L. Mitchell v. RIH Acquisitions IN, LLC, d/b/a Resorts East Chicago (NFP)
45A03-1306-CT-226
Civil tort. Affirms jury verdict that defendants were not at fault for Mitchell’s injuries sustained in a fall in a casino parking lot.
Charles A. DePree v. State of Indiana (NFP)
20A05-1308-PC-420
Post conviction. Affirms post-conviction court’s grant in part and denial in part of a petition for relief from a conviction of Class B felony dealing in methamphetamine.
Reginal Exson v. State of Indiana (NFP)
79A02-1306-CR-490
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.
Opinions Jan. 28, 2014
7th Circuit Court of Appeals
Bitler Investment Venture II, LLC, et al. v. Marathon Petroleum Company LP, et al.
12-3722.
Civil. Affirms in part, reverses in part a $269,000 judgment in favor of Bitler. Remands with instructions to double damages awarded under Michigan’s laws regarding doctrine of waste for properties that Marathon failed to maintain and were ultimately condemned. Reverses dismissal of certain contract claims and remands to the District Court for the Northern District of Indiana for trial on those issues.
COA finds attorney was not ineffective
The Indiana Court of Appeals affirmed the denial of a man’s petition for post-conviction relief, finding he failed to establish that he received ineffective assistance of trial counsel with respect to either the manner in which voir dire was conducted or in the failure to object to the supplemental jury instruction defining “intentionally.”
Trial court erred in disregarding psychiatrists’ unanimous finding
A woman who brutally attacked her boyfriend’s minor child had her conviction overturned by the Indiana Court of Appeals on the grounds that the trial court did not have enough evidence to contradict the psychiatrists’ reports and find her guilty but mentally ill.
Nicknames properly admitted in sex with minor convictions
Nicknames and aliases a defendant used were relevant to the charges he faced, the Court of Appeals ruled Tuesday in affirming felony convictions of sexual misconduct with a minor.
Raccoon hunter cleared of conviction for fetching wayward dog
A raccoon hunter’s misdemeanor conviction was reversed Tuesday when appellate judges determined he wasn’t hunting or chasing wildlife when he retrieved his wandering dog from property where he didn’t have permission to hunt.
In pollution suit rehearing, COA rejects fresh arguments
The Indiana Court of Appeals affirmed on rehearing a decision that the Allen County Public Library could pursue damages against contractors resulting from a diesel spill during a building project. A panel rejected arguments from defendants that it said violated a “cardinal rule” because they were raised for the first time on rehearing.
Bars discussing marriage amendment, but cautious about taking a stance
Among the nearly 13,000 members of the Indiana State Bar Association, views on the proposed marriage amendment are falling into three separate camps: those who think the association should publicly support it, those who think the association should publicly oppose it and those who think the association should refrain from taking a position at all.
7th Circuit: Marathon owes more for abandoned locations
Owners who leased properties in Michigan and Indiana that were used as Marathon gas stations – some of which were neglected, abandoned and condemned while Marathon leased them – will be paid more than the $269,000 a District judge in Fort Wayne awarded.
IndyBar: Customize Your IndyBar Communications Experience
Every person is unique in the way that he or she consumes news and information online. Just as one individual loves email updates, another prefers RSS feeds. As part of the IndyBar’s ongoing efforts to increase the amount of relevant, useful content provided to members, several options have been developed to make getting your IndyBar news easy and enjoyable.
IndyBar: Additional Benefit Added to Plus CLE
The past year saw the introduction of a pilot program to test the viability of bundling CLE with section membership. The pilot program, which was tested with four IndyBar sections, proved overwhelmingly successful, attracting new members and boosting attendance levels at CLE programs.
The IBF: Your Opportunity to Make An Impact
The IBF truly is your private foundation. By that, I mean the IBF’s annual fundraising goal of over $250,000 is supported almost entirely by attorneys and judges who are members of the IndyBar. With these fundraising efforts, your foundation annually funds the $35,000 Impact Fund grant and supports IndyBar programs and initiatives to the sum of more than $100,000.
IndyBar: Indianapolis Bar Association Announces Opposition to HJR-3 and HB 1153
The Indianapolis Bar Association announced on Monday, January 27 its opposition to HJR-3, the constitutional amendment to ban same-sex marriage and civil unions, and HB1153, its companion legislation.
On the Move – 1/29/14
Read who’s recently been made partner, joined Indiana firms, or been honored in the community.
DTCI: Johnson at regional DRI meeting
Jim Johnson, president of DTCI, attended the 2014 DRI North Central Regional Meeting held in Fort Myers earlier this month.