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Indiana University will donate former attorney’s gift to victims

July 16, 2013

Now that former high-profile personal-injury attorney William Conour has pleaded guilty to accusations that he defrauded dozens of clients of more than $4.5 million, his victims hope for some measure of restitution. At least a fraction of the loss will be covered by the law school to which Conour gave $450,000.

Law School Briefs – 7/17/13

July 16, 2013

Read news from IU McKinney School of Law.

Indiana grandparents petitioning for visitation face long odds

July 16, 2013

The courts are limiting relatives’ rights while the Indiana General Assembly seeks to expand them.

Dissolution of same-sex marriages a legal puzzle for lawyers, judges

July 16, 2013

Indiana statute makes clear the state’s position on same-sex marriage, but it also leaves murky the rights of Hoosier couples who, despite the law, are legally married.

marriage-bp-2col.jpg

Will Indiana attorneys be required to report pro bono hours?

July 16, 2013

A task force has made three recommendations to the Indiana Supreme Court on how to encourage lawyers to perform more services for indigent Hoosiers.

Complexity of new expungement law raises questions

July 16, 2013

Hundreds rushed to a clerk’s office July 1 on a mistaken belief that was the only day they could petition to have their criminal records expunged.

expungement-bp-2col.jpg

Groups partner to offer legal services to homeless veterans

July 16, 2013

Hoosier Veterans Assistance Foundation of Indiana Inc. and Neighborhood Christian Legal Clinic recently signed an agreement for a clinic attorney to work with veterans.

Attorneys rewarded by focusing on narrow areas of the law

July 16, 2013

Lawyers build niche practices in franchise law, and representing clients in eminent domain cases.

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Opinions July 15, 2013 ILD

July 15, 2013

Indiana Court of Appeals
Darnell Chivers v. State of Indiana (NFP)
24A01-1205-PC-206
Post conviction. Reaffirmed the denial of post-conviction relief. In a rehearing clarifying its earlier opinion, the COA reaffirmed in all respects. Found Chivers was not denied effective assistance from counsel and his guilty plea was voluntary.

Jeffrey E. Howell v. State of Indiana (NFP)
47A05-1211-CR-590
Criminal. Affirms denial of Howell’s motion for the return of a laptop computer, data storage devices and other laptop accessories seized by law enforcement.

Gary McCoy v. Sandra Kay Roberts (NFP)
48A04-1211-DR-590
Domestic relation. Affirms denial of McCoy’s motion pursuant to Trial Rule 60(B)(8). Concluded McCoy did not show prima facie error with regard to the denial.

Andre Hairston v. State of Indiana (NFP)
02A05-1211-CR-601
Criminal. Affirms Hairston’s two convictions for dealing in cocaine as Class B felonies.

Andrew Albert Graovac v. State of Indiana (NFP)
29A02-1208-CR-652
Criminal. Affirms conviction for resisting law enforcement as a Class A misdemeanor. http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/july/07151302.lmb.pdf

Mack A. Sims v. State of Indiana (NFP)
20A03-1210-PC-431
Post Conviction. Affirms denial of post-conviction relief. Found the state’s nondisclosure that the victim had undergone hypnosis to sharpen his recollection of the shooting did not materially affect the outcome of Sims’ trial.

Marc A. Anderson v. State of Indiana (NFP)
03A01-1302-CR-75
Criminal. Affirms revocation of probation. Ruled the lower court did not abuse its discretion in determining Anderson’s sanction for violating the terms of his probation.

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

Opinions July 15, 2013

July 15, 2013

Indiana Court of Appeals
Tuan Chu v. State of Indiana
49A04-1210-CR-495
Criminal. Affirms convictions for three counts of Class D felony evasion of income tax, three counts of Class D felony theft, and one county of Class D felony failure to remit or collect sales tax. Chu appealed on the grounds that the nonpayment penalty of $280,326.62 and his criminal convictions violated double jeopardy principles. The COA stated it was not convinced that the nonpayment penalties were punishments for double jeopardy purposes and it disagreed with Chu’s assertion that the imposition of the nonpayment penalties was conditioned on the commission of a crime.

Commission on Courts to consider Vanderburgh magistrate, bail issues

July 15, 2013

The Indiana Commission on Courts will meet Thursday to hear a request for an additional magistrate in Vanderburgh Circuit Court and to review the state’s bail surety system.

Criminal convictions and financial penalties do not violate double jeopardy

July 15, 2013

A business owner will have to serve his sentence after the Indiana Court of Appeals rejected his argument that his criminal convictions and financial penalties imposed for failing to pay taxes violated double jeopardy principles.

Justices take 4 cases, deny 21

July 15, 2013

The Indiana Supreme Court will hear an appeal of a case in which the Indiana Court of Appeals ruled that a public school construction project built through a foundation should have been subject to public bidding requirements.

2 new magistrates appointed in Hendricks County

July 15, 2013

The Hendricks Superior Court is welcoming two new judges to the bench. Attorneys Tammy Somers and Michael “Joe” Manning have been appointed as magistrates for the Superior Court. Somers accepted the position effective July 1, 2013. Manning accepted the position effective Aug. 5, 2013.

Judge accepts Conour plea; IU will use funds donated by ex-lawyer to help victims

July 15, 2013

Now that former high-profile personal-injury attorney William Conour has pleaded guilty to accusations that he defrauded dozens of clients of more than $4.5 million, his victims hope for some measure of restitution. At least a fraction of the loss will be covered by the law school to which Conour gave $450,000.

Legal services provider partners with nonprofit to help homeless veterans

July 12, 2013

A partnership between two Indianapolis nonprofits will provide for the first time ongoing legal services to homeless veterans working to become self-sufficient.

Opinions July 12, 2013 ILD

July 12, 2013

Indiana Court of Appeals
Term. of the Parent-Child Rel. of J.J.; M.J. (Mother) v. The Indiana Dept. of Child Services (NFP)
49A05-1211-JT-575
Juvenile termination. Affirms termination of mother M.J.’s parental rights with respect to her son, J.J.

Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday.

Opinions July 12, 2013

July 12, 2013

7th Circuit Court of Appeals
Miguel Gutierrez v. Michael R. Kermon
12-2934
Civil/wrongful arrest, excessive force. Dismisses Indianapolis Metropolitan Police Department officer Michael Kermon’s interlocutory appeal of a denial of summary judgment on the basis of qualified immunity from a wrongful arrest and excessive force lawsuit. The court held that it had no jurisdiction over the interlocutory appeal because Kermon’s argument was dependent on a disputed fact and the court will not reweigh evidence.

7th Circuit won’t excuse IMPD officer from wrongful arrest, excessive force suit

July 12, 2013

A man’s federal lawsuit against two Indianapolis Metropolitan Police Department officers and the city will go forward after a federal judge rejected one officer’s interlocutory appeal.

BMV announces credits for overcharged motorists

July 12, 2013

Indiana motorists who overpaid for driver’s licenses over the past six years will get the money back in the form of a credit on their next transaction at the Bureau of Motor Vehicles, the agency announced Friday.

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In This Issue

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

  • Immigration attorneys worry how ICE detainees will be treated at two slated Indiana sites

  • Birth certificate changes for seven transgender Hoosiers are in limbo

Most Read
  • Former credit union manager indicted on fraud charges

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

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

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

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