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Opinions Nov. 26, 2013

November 26, 2013

7th Circuit Court of Appeals
Wanda Goodpaster, et al. v. City of Indianapolis, et al.
13-1629
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard Young.
Civil. Affirms District Court’s denial of the bar owners’ request for injunctive and declaratory relief against the enforcement of the smoking ban in Indianapolis. They cannot succeed on the merits of any of their myriad claims. The injunction the bar owners sought was thus unwarranted.

Judges affirm man must pay $5,000 in attorney fees to ex-wife

November 26, 2013

An Allen County man was unsuccessful in his attempts to persuade the Indiana Court of Appeals to reverse the order he pay $5,000 in attorney fees to his ex-wife in litigation over their child’s contact with the ex-wife’s new husband.

COA: Wife of man injured at work entitled to benefits

November 26, 2013

The Indiana Court of Appeals ruled that the Indiana Worker’s Compensation Board’s decision to deny benefits to a man injured at work was unsupported by the evidence. The judges ordered a determination of the benefits that the man’s widow should receive on his behalf.

Commitment statute not unconstitutional as applied to man with brain injury

November 26, 2013

A Marion Superior Court did not violate a defendant’s due process rights in ordering his commitment to the Department of Mental Health and Addiction after finding him incompetent to stand trial. Evan Leedy suffered a traumatic brain injury in an auto accident that killed his girlfriend and injured another driver.

Order for IBM to pay subcontractor in state suits affirmed

November 26, 2013

An appeals court Tuesday affirmed trial court orders that IBM pay a subcontractor for costs it incurred related to lawsuits over the failed $1.3 billion Family and Social Services Administration modernization contract.

Court properly declined to modify spousal maintenance agreement

November 26, 2013

An ex-wife must pay her husband $4,000 a month in spousal maintenance under an agreement she signed, the Indiana Court of Appeals held Tuesday, affirming a trial court’s decision to deny the woman’s request to modify the maintenance.

Appeals court upholds Indianapolis smoking ban

November 26, 2013

The 7th Circuit Court of Appeals Monday upheld the citywide smoking ban in most Indianapolis bars, denying the injunction request brought by several bar owners who claimed the 2012 ordinance would have a negative impact on their businesses.

IBM seeks greater judgment; state claims $62 million award erroneous

November 25, 2013

A $62 million judgment against the state for canceling a contract with IBM to overhaul Indiana’s social services administration is clearly erroneous, an attorney for the state argued Monday, while an IBM lawyer argued the company was entitled to even greater damages.

Opinions Nov. 25, 2013 ILD

November 25, 2013

Indiana Court of Appeals
James L. Graham v. State of Indiana (NFP)
73A01-1304-CR-151
Criminal. Vacates a purported habitual offender enhancement and affirms the three-year aggregate sentence following guilty pleas to Class D felony operating a vehicle while intoxicated, Class A misdemeanor operating with suspended license and Class B misdemeanor false informing.

James Mathis v. State of Indiana (NFP)
49A02-1305-CR-399
Criminal. Affirms placement with the Department of Correction after he was thrice found to have violated the terms of his community corrections placement.

Dorian Stephens v. State of Indiana (NFP)
20A05-1304-CR-175
Criminal. Affirms convictions of three counts of Class B felony dealing in a narcotic and one count of Class D felony money laundering. Remands for sentencing clarification and correction.

Charles E. Norris v. State of Indiana (NFP)
57A03-1302-CR-61
Criminal. Affirms Norris was not denied his Sixth Amendment right to counsel when he attempted to withdraw his guilty plea.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

Opinions Nov. 25, 2013

November 25, 2013

Indiana Court of Appeals
James L. Graham v. State of Indiana (NFP)
73A01-1304-CR-151
Criminal. Vacates a purported habitual offender enhancement and affirms the three-year aggregate sentence following guilty pleas to Class D felony operating a vehicle while intoxicated, Class A misdemeanor operating with suspended license and Class B misdemeanor false informing.

Criminal code study committee sets 2 December meeting dates

November 25, 2013

The Criminal Law and Sentencing Policy Study Committee will hold two final meetings in December – Dec. 10 and 19 – to look at funding and sentencing.

Record-breaking year for law firm mergers

November 25, 2013

This summer, Altman Weil Inc. predicted 2013 could be a record year for law firm mergers and acquisitions. Turns out, the legal consulting company was correct: 78 law firm mergers have occurred this year, taking down the previous record of 70 mergers and acquisitions in one year.

Justices decline convicted police officer’s murder appeal, 21 other cases

November 25, 2013

The Evansville police officer convicted in the 1990s of murder and arson for the death of his mistress will not be getting a new trial. The Indiana Supreme Court declined Glenn Patrick Bradford’s appeal, leaving his convictions in place.

Opinions Nov. 22, 2013 ILD

November 22, 2013

The Indiana Court of Appeals and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
 

Opinions Nov. 22, 2013

November 22, 2013

Indiana Supreme Court
Harold O. Fulp, Jr. v. Nancy A. Gilliland
41S01-1306-TR-426
Trust. Reverses denial of specific performance of the purchase agreement to Harold Fulp Jr. Under the terms of the trust and the Trust Code, Ruth Fulp owed her children no fiduciary duties and was free to sell her farm at less than fair market value; Harold Fulp Jr. is therefore entitled to specific performance. Concludes that Ruth Fulp did not effectively amend the trust by selling the farm.

Justices: Trustee of revocable trust serves self

November 22, 2013

The Indiana Supreme Court accepted a revocable trust case to answer the first impression question: While a trust is revocable, whom does the trustee serve? The justices concluded that an Indiana woman, as trustee, served herself.

7th Circuit: Federal law does not preempt Indiana’s ‘robo-call’ statute

November 22, 2013

The 7th Circuit Court of Appeals Thursday reversed the decision by a federal judge that Indiana’s Automated Dialing Machine Statute is preempted by the federal Telephone Consumer Protection Act. The injunction entered against enforcing the law had been stayed by the appellate court pending appeal.

Justices: Search of vehicle violated woman’s constitutional rights

November 22, 2013

The Indiana Supreme Court Thursday reversed the admittance of statements a woman made to police after a concerned citizen set up a sting operation attempting to catch an alleged drug dealer. The justices held that the warrantless seizure of Danielle Kelly’s person and vehicle violated her constitutional rights.

Conour assets raise more than $105,000 at auction

November 22, 2013

An auction of art, wine and household furnishings seized from the former Carmel home of convicted ex-attorney William Conour fetched more than $105,000, most of which will go toward restitution for his client victims.

Senate votes to change filibuster rule

November 22, 2013

The U.S. Senate has voted to change how many votes are required to break a filibuster to approve executive and judicial nominees, reducing the threshold to the simple majority of 51. The change came about after several nominees were blocked by Republicans.

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In This Issue

  • Indiana’s top legal stories of 2025

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  • Trump’s executive order on AI creating uncertainty for businesses

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  • Ken Nunn, one of Indiana’s most prominent personal injury attorneys, dies at 85

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  • Rokita, Braun push for Ten Commandments monument to be placed on Statehouse lawn

  • Hoosier consumers to share $10.5M in national Google Play Store settlement

  • Federal judge nominee from Indiana faced questioning from Senate Judiciary Committee

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