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Hammerle on … ‘The Lone Ranger,’ ‘The Heat’
On “The Heat,” Bob Hammerle says isn’t vulgarity a priceless work of art if done with energy and style?
Indiana University will donate former attorney’s gift to victims
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.
Indiana grandparents petitioning for visitation face long odds
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
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.
Will Indiana attorneys be required to report pro bono hours?
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
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.
Groups partner to offer legal services to homeless veterans
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
Lawyers build niche practices in franchise law, and representing clients in eminent domain cases.
Opinions July 15, 2013 ILD
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
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
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
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
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
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
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
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
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
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.