Federal Bar Update: ND requires e-filing; SD launches hyperlink pilot
Effective Feb. 24, all new complaints and removals in the Northern District of Indiana must be e-filed.
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DTCI: What happened to practicing ‘civil’ litigation?
It is unusual to open a lawyers’ magazine without seeing an article about civility. What happened to “civil” litigation? It must be like the weather – a lot of people are writing about it, but no one seems to be doing anything about it.
Inside the Criminal Case: Can a defendant be convicted for being ‘annoying?’
In 2012, the General Assembly amended Indiana’s public intoxication statute to provide, in part, that a person was guilty of public intoxication if the individual is intoxicated “in a public place” and “annoys … another person.” Indiana Code §7.1-5-1-3(a)(4). But what constitutes “annoying?”
Indiana Court Decisions – Feb. 19 to March 4, 2014
Read recent appellate decisions from Indiana courts.
Opinions March 10, 2014 ILD
Indiana Court of Appeals
Jerimaine Carter v. State of Indiana (NFP)
49A05-1307-CR-345
Criminal. Affirms Carter’s sentence to concurrent terms of 34 years for attempted murder as a Class A felony, with 32 years served at the Indiana Department of Correction and two years served on community corrections; one-and-a-half-years for resisting law enforcement as a Class D felony; and one year for carrying a handgun without a license as a Class A misdemeanor.
Darod A. Wheeler v. State of Indiana (NFP)
03A01-1310-CR-462
Criminal. Vacates judgment and remands with instructions to reinstate the Nov. 13, 2012, sentencing order and modify it with the appropriate credit time. The November order included that Wheeler be required to serve three years of his previously suspended sentence in the Indiana Department of Correction. The trial court had amended that order to four years and four months in the DOC. The trial court explained it amended the sentence in order to give Wheeler enough time to participate in a substance abuse program in the DOC.
In the Matter of L.W. and J.W., Children in Need of Services, and J.W. (Father) and L.W. (Mother) v. Indiana Department of Child Services (NFP)
49A02-1308-JC-700
Juvenile. Reverses the trial court’s adjudication of L.W. and J.W. as children in need of services. Finds that the Marion County Department of Child Services failed to meet its burden demonstrating that coercive intervention of the court was necessary.
Juan Williams v. State of Indiana (NFP)
49A05-1307-CR-373
Criminal. Affirms conviction for battery as a Class A misdemeanor.
Indiana Supreme Court and Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals did not post any Indiana opinions by IL deadline.
Opinions March 10, 2014
Indiana Court of Appeals
Jeff L. Ewing and Renee Ewing, Household Finance Corporation III v. U.S. Bank, N.A., as Trustee for the Structured Asset Securities Corp., Series 2005-GEL4
50A03-1308-MF-327
Mortgage foreclosure. Finds summary judgment in favor of U.S. Bank was appropriate. Also affirms U.S. Bank’s motion to dismiss the Ewings’ supplemental complaint for failure to state a claim upon which relief could be granted. The Ewings argued the bank failed to act in good faith during the settlement discussions as required by the Alternative Dispute Resolution rules. The COA held the settlement talks were not a mediation, so the A.D.R. rules did not apply.
Information used to obtain search warrant splits Court of Appeals
Although the statements from three individuals were hearsay and initially led law enforcement to enter the wrong apartment, a split Indiana Court of Appeals found, collectively, the information supported probable cause.
Senate to honor McKinney law professor Lawrence Jegen
A longtime Indiana University McKinney School of Law professor will be honored in the General Assembly today for an influential career spanning more than 50 years.
Appeals court: Requests for modification don’t nullify foreclosure
The Indiana Court of Appeals affirmed summary judgment in favor of a mortgage servicer despite the property owners’ attempts at modifying the mortgage.
Divided Supreme Court reinstates parental termination order
The Indiana Court of Appeals impermissibly reversed termination of a father’s parental rights, a majority of the Indiana Supreme Court ruled Friday in reinstating a trial court order.
Central American judge visits Indianapolis to learn about Indiana judicial system
A member of Guatemala’s judiciary is making a two-day visit to Indianapolis to learn and exchange ideas with judges, attorneys and other dignitaries.
Federal suit filed against Indiana marriage statute
While Indiana’s same-sex marriage amendment is on hold in the Legislature, a challenge to the state’s law banning same-sex marriage was filed March 7 in U.S. District Court for the Southern District of Indiana.
Institute analyzing proposed sites for Marion County criminal justice complex
The Indiana University Public Policy Institute is analyzing proposed sites for a Marion County Criminal Justice Complex and may reveal its findings by the end of next week.
Opinions March 7, 2014 ILD
Indiana Court of Appeals
Jimel Pimpton v. State of Indiana (NFP)
49A02-1308-CR-676
Criminal. Affirms revocation of placement in community corrections.
Deangelo LaJuan Curry v. State of Indiana (NFP)
02A05-1308-CR-432
Criminal. Affirms conviction of Class D felony possession of marijuana and resisting law enforcement.
Xxavier Jones v. State of Indiana (NFP)
79A02-1308-CR-705
Criminal. Affirms aggregate 30-year sentence for conviction of Class B felony robbery, two counts of Class B felony criminal confinement and Class D felony theft.
In the Matter of the Termination of the Parent-Child Relationship of: H.W. (Minor Child) and B.M. (Father); B.M. v. The Indiana Department of Child Services (NFP)
49A02-1308-JT-722
Juvenile. Affirms termination of parental rights.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
Opinions March 7, 2014
Indiana Court of Appeals
Jimel Pimpton v. State of Indiana (NFP)
49A02-1308-CR-676
Criminal. Affirms revocation of placement in community corrections.
Fellow at Ukrainian law school to speak at IU McKinney
Indiana University Robert H. McKinney School of Law will focus on the troubled country of Ukraine during an upcoming lecture presented through the International Student Speaker Series.
Deadline to comment on pro bono reporting requirement nears
Indiana attorneys who wish to share comments about required pro bono reporting have until April 1 to provide their views.
Opinions March 6, 2014 ILD
Indiana Court of Appeals
Michael Williams v. State of Indiana (NFP)
49A02-1307-CR-569
Criminal. Affirms conviction of Class A misdemeanor battery resulting in bodily injury.
Mellondie Bensen v. Review Board of the Indiana Department of Workforce Development (NFP)
93A02-1311-EX-920
Agency action. Affirms denial of claim for certain unemployment benefits.
Richard A. Perkey v. State of Indiana (NFP)
20A03-1303-CR-77
Criminal. Affirms conviction of Class B felony rape.
Zao Burrell v. State of Indiana (NFP)
76A03-1305-CR-165
Criminal. Affirms sentence for murder, Class A felony attempted murder and Class A misdemeanor carrying a handgun without a license.
In the Matter of the Termination of the Parent-Child Relationship of: M.M., G.M., and D.M., K.M. (Mother) and R.M. (Father) v. The Indiana Department of Child Services (NFP)
26A01-1308-JT-345
Juvenile. Affirms termination of parental rights.
Eric Keith v. Indiana Bell (NFP)
93A02-1308-EX-758
Agency action. Affirms determination Keith is not entitled to additional benefits under the Indiana Worker’s Compensation Act.
Craig Hoog v. State of Indiana (NFP)
49A05-1308-CR-392
Criminal. Affirms conviction of Class C misdemeanor failure to stop after an accident resulting in property damage but reverses conviction of Class A misdemeanor resisting law enforcement.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions March 6, 2014
Indiana Supreme Court
Fayette County Board of Commissioners v. Howard Price
21S04-1308-PL-530
Civil plenary. Reverses the trial court and remands this cause for the entry of summary judgment in favor of the board. Holds that the employment decision by the Fayette County Board of Commissioners with respect to Howard Price is not subject to judicial review.
Highway supervisor’s termination not subject to judicial review
Because the decision by the Fayette County Board of Commissioners to not reappoint its county highway supervisor was a ministerial decision, the Indiana Supreme Court held it was not subject to judicial review.