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Survey: Midlevel associate satisfaction hits new high

August 29, 2013

Associates in their third, fourth and fifth years at large law firms report the highest overall level of job satisfaction seen in the 10-year history of a survey on the topic.

ACLU sues for Winamac girl who wants to play football

August 29, 2013

A northern Indiana girl who was denied the opportunity to try out for her middle school’s football team has filed a gender-equality lawsuit in federal court.

Brown County logging damages award stands

August 29, 2013

A landowner’s award of $55,572.50 in damages caused by a logging contractor at a property in Brown County was properly calculated, the Indiana Court of Appeals ruled Thursday.

Appeals panel reinstates claims of capacity, undue influence in trust dispute

August 29, 2013

A family feud involving half-siblings contesting the trust bequeathed by their mother was improperly disposed of through summary judgment, a panel of the Indiana Court of Appeals ruled Thursday.

Opinions Aug. 28, 2013 ILD

August 28, 2013

Indiana Court of Appeals
Kenneth Compton v. State of Indiana (NFP)
49A02-1301-CR-90
Criminal. Affirms 20-year executed sentence for conviction of Class B felony robbery, Class B felony criminal confinement and Class B felony unlawful possession of a firearm by a serious violent felon.

Christopher C. Anderson v. State of Indiana (NFP)
71A05-1302-CR-78
Criminal. Affirms revocation of probation on conviction of Class B felony possession of cocaine and Class A misedemeanor possession of marijuana.

Oscar Eduardo Perez v. State of Indiana (NFP)
20A03-1212-PC-532
Post conviction. Affirms denial of post-conviction relief from a conviction of murder and Class D felony criminal gang activity.

Hakuru Simaha v. State of Indiana (NFP)
06A01-1301-CR-29
Criminal. Affirms conviction of seven counts of Class C felony forgery and Class A misdemeanor possession of marijuana.

Jamel Douglas Gilbert v. State of Indiana (NFP) 
45A03-1201-PC-7
Post conviction. Affirms denial of post-conviction relief from a conviction of murder.

In Re The Guardianship of K.S., S.E., v. K.B. (NFP)
10A01-1210-GU-473
Guardianship. Affirms termination of S.E.’s guardianship of her niece, K.S., and S.E’s subsequent request for visitation with K.S.  

Dana L. Bering v. State of Indiana (NFP)
57A05-1212-CR-646
Criminal. Affirms on interlocutory appeal denial of a motion for discharge under Criminal Rule 4(c).

Charles Settles v. State of Indiana (NFP)
49A05-1302-CR-77
Criminal. Affirms conviction of Class C felony burglary.

Teresa Smith v. State of Indiana (NFP)
34A04-1303-CR-131
Criminal. Affirms 14-year executed sentence for conviction of Class B felony criminal deviate conduct.

Michael Pace v. State of Indiana (NFP)
49A04-1302-CR-77
Criminal. Affirms conviction of two counts of Class B felony child molesting.

Anthony Owens v. State of Indiana (NFP)
49A02-1301-CR-50
Criminal. Affirms conviction of Class C felony alteration of vehicle identification number and reverses and remands to the trial court to correct the chronological case summary that erroneously states convictions on other counts.

Dennis Watson v. Michael Abraham, d/b/a Abraham Custom Paint Studio (NFP)
64A03-1302-PL-69
Civil plenary. Dismisses for lack of jurisdiction an appeal of a trial court order because it was neither final nor interlocutory.

Terry E. Pearsall v. State of Indiana (NFP)
49A04-1301-CR-45
Criminal. Affirms conviction of Class A misdemeanor battery.

Indiana Tax Court issued no opinions by IL deadline. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

Opinions Aug. 28, 2013

August 28, 2013

Indiana Supreme Court
Mary Elizabeth Santelli, as Administrator of the Estate of James F. Santelli v. Abu M. Rahmatullah, Individually and d/b/a Super 8 Motel
49S04-1212-CT-667
Civil tort. Affirms judgment of trial court under the Indiana Comparative Fault Act in which a jury determined total damages of $2,070,000 in the death of hotel guest James Santelli. The jury apportioned fault under the Act as follows: 1 percent fault to Santelli, 2 percent to hotel owner Abu Rahmatullah, and 97 percent to the killer, Joseph Pryor, who formerly worked at the hotel, providing an award for the estate of $41,400.

Family Justice Center of St. Joseph County awarded grant to expand project

August 28, 2013

The Family Justice Center of St. Joseph County has been awarded a two-year grant to support its work with victims of domestic violence, sexual assault and stalking.

Man tried twice for same offense, but relief denial affirmed

August 28, 2013

A divided Indiana Supreme Court ruled Wednesday that a man convicted of rape on retrial was unconstitutionally prosecuted twice for the same offense, but the court upheld denial of post-conviction relief.

Supreme Court takes closer reading of precedent in affirming post-conviction relief

August 28, 2013

A man’s 2002 guilty plea to a habitual traffic violator offense will be set aside after the Indiana Supreme Court held his 1989 conviction in Fayette County constituted a material error.

Indiana Lawyer presents Employment CLE Oct. 3

August 28, 2013

A three-hour continuing legal education program titled “Impact of Affordable Care Act and Other Hot Topics in Employment Law” will be presented by Indiana Lawyer Oct. 3 in Indianapolis. Register by Sept. 30 to secure your seat.

Mark Waterfill of Benesch will chair and moderate the CLE program. Other featured speakers include David Carr of Ice Miller and Lisa Kimmel of Benesch. The program will include presentations on the Affordable Care Act, independent contractor status, current and emerging global H.R. management issues,  religious conscience cases, and an update on other current topics in Indiana employment law. 

Registration begins at 1 p.m., and the program is from 1:30 to 4:45 p.m. at the main auditorium in the OneAmerica Tower in Indianapolis.  Three hours of CLE credit is available.

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].

 

Justices affirm new trial in estate awarded $41,400 in hotel killing

August 28, 2013

The Indiana Supreme Court on Wednesday upheld a lower court order for a new trial in a case involving a  $41,400 award made to the estate of a man who was killed at a Speedway hotel by a former employee.

Men sentenced for aiding inmate-run meth ring

August 28, 2013

Two men found guilty of participating in a drug-trafficking ring directed by Indiana prison inmates were sentenced in federal court on Tuesday.

Opinions August 27, 2013 ILD

August 27, 2013

Opinions, Aug. 27, 2013
 

Indiana Court of Appeals

In the Matter of the Termination of the Parent-Child Relationship of: A.S.(Minor Child), and B.R.(Mother) v. The Indiana Department of Child Services (NFP)
46A04-1302-JT-58
Juvenile. Affirms termination of B.R.’s (mother) parental rights to her minor child, A.S. Finds the trial court did not abuse its discretion when it denied mother’s motion for a continuance.  

Gregory Eve v. State of Indiana (NFP)
49A05-1301-CR-31
Criminal. Affirms conviction and sentence for rape, a Class B felony.

The Indiana Tax Court issued no opinions by IL deadline Tuesday.
U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.

Opinions August 27, 2013

August 27, 2013

Indiana Supreme Court
John W. Schoettmer & Karen Schoettmer v. Jolene C. Wright & South Central Community Action Program, Inc.
49S04-1210-CT-607
Civil Tort. Reverses grant of summary judgment in defendants favor and remands for further proceedings. Rules even though the Schoettmers filed their law suit against South Central well past the Indiana Tort Claims Act’s 180-day deadline, they should be allowed to present proof of estoppel to the trial court. Finds South Central never told John Schoettmer it was covered by the Act and that South Central’s insurer did not make a settlement offer until nearly three months after the ITCA deadline.

State courts post job openings

August 27, 2013

The Indiana Supreme Court Division of Administration on Tuesday posted two job openings.

State courts post job openings

August 27, 2013

The Indiana Supreme Court Division of Administration on Tuesday posted two job openings.

Expired time limit does not prevent estoppel argument, Supreme Court rules

August 27, 2013

Citing the reasoning in a dissenting opinion, the Indiana Supreme Court has ruled an injured driver can present his argument of why he should be allowed to file a lawsuit against a government entity even though the time limit has expired.

Appeals court reverses, finds judgment on pleadings for insurer

August 27, 2013

An Orange Circuit Court judge erred when he failed to approve an insurer’s motion for judgment on the pleadings, and the Court of Appeals on Tuesday ordered the case remanded and such a ruling entered.

Old expungement law applies to dropped charges in plea deal, COA rules

August 27, 2013

A man who sought to expunge arrest records for charges that were dismissed in a 2011 plea agreement was denied at the trial court but convinced the Indiana Court of Appeals that access to those records should be restricted.

IndyBar: Board Approves Model Rule Guidelines for Marion County Judicial Selection

August 27, 2013

As part of its ongoing efforts to facilitate judicial elections issues reform, the Indianapolis Bar Association Board of Directors approved at its July 2013 meeting a set of Model Rule Guidelines for the Marion County judicial selection system. The Model Rule Guidelines were drafted through the bar’s Attorneys for an Independent Bench Committee, which was also authorized at the July board meeting to seek implementation of these rules. Visit www.indybar.org to view the Model Rule Guidelines.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
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  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Two attorneys suspended for failing to cooperate with state disciplinary commission

  • State judiciary is considering alternative exam for bar admission

  • Birth certificate changes for seven transgender Hoosiers are in limbo

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