2 BLE members reappointed
Indiana Chief Justice Brent Dickson has reappointed Senior Judge Barbara L. Brugnaux and Madison attorney Gary K. Kemper to the Indiana Board of Law Examiners. Their first terms as members expire Dec. 1.
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Early-bird rate for Intellectual Property CLE ends Thursday
"Trolls, Bullies and Squatters: Modern Challenges to IP Rights" will be presented Dec. 5 as part of Indiana Lawyer's Practicing Law in Indiana CLE series. A $79 early-bird rate for this program is available through Nov. 7.
Speakers for this Intellectual Property CLE will include David Wong and Jeff Barron of Barnes & Thornburg. The two-hour program will run from 1 to 3:15 p.m. on Dec. 5 in the Barnes & Thornburg auditorium.
Register for the program now on the Indiana Lawyer's events page. For more information, contact Kelly Lucas at 317-472-5233 or [email protected].
Appellate arguments in cancelled IBM contract set for Nov. 25
A panel on the Indiana Court of Appeals will hear arguments later this month on whether the state should have to pay more than $62 million to IBM after cancelling its billion-dollar contract with the company to modernize Indiana’s welfare system.
opinions Nov. 6, 2013 ILD
Indiana Court of Appeals
Keianna Rae Harrison v. Cynthia L. Wells (NFP)
49A02-1303-CC-265
Civil collection. Dismisses appeal of the denial of Harrison’s Trial Rule 60(B) motion for relief from a default judgment entered in favor of Wells.
Joshua Doan v. State of Indiana (NFP)
49A04-1302-CR-90
Criminal. Affirms conviction of Class A felony burglary but reverses determination Doan is a habitual offender as he did not intelligently waive his jury-trial rights for the habitual-offender charge. Remands for a jury trial or bench trial on this count.
Curtis McGrone v. State of Indiana (NFP)
49A02-1304-CR-347
Criminal. Affirms 40-year aggregate sentence for Class B felony robbery and two counts of Class B felony criminal confinement.
Cleve Stone v. State of Indiana (NFP)
49A05-1303-CR-102
Criminal. Affirms convictions of Class A felony burglary and Class C felony robbery.
Dexter Stacy, Sr. v. State of Indiana (NFP)
76A04-1303-CR-113
Criminal. Affirms 75-year aggregate sentence for two counts of Class A felony child molesting.
John Garbacz v. State of Indiana (NFP)
45A03-1303-CR-87
Criminal. Reverses denial of motion to discharge and remands with instructions for the court to grant Garbacz’s motion.
The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions Nov. 6, 2013
Indiana Court of Appeals
Kimberly Kubina v. State of Indiana
45A03-1303-CR-100
Criminal. Affirms 35-year sentence following guilty plea to Class A felony neglect of a dependent. The trial court did not abuse its discretion in finding Kubina was in a position of trust with her stepson.
Judge denies Brizzi’s bid for gag order in malpractice suit
A judge Tuesday denied former Marion County Prosecutor Carl Brizzi’s request for a gag order in the legal malpractice claim filed against him by defrocked Indiana Secretary of State Charlie White.
COA rejects claim overhaul of Criminal Code shows Class A felonies disproportionate
A defendant attempted to persuade the Indiana Court of Appeals that the Class A felony classifications for dealing or possession of cocaine are disproportionate by pointing to the recent revisions to the Criminal Code. The new criminal classifications and sentencing structure that take effect next year no longer include these crimes in the highest level of felonies.
Woman’s 35-year sentence upheld following death of stepson
A Lake Superior judge did not abuse her discretion in sentencing a woman to 35 years for neglect of a dependent after the woman’s stepson died following years of abuse.
Indiana Lawyer Practicing Law in Indiana: Immigration CLE Nov. 8
Indiana Lawyer will host Practicing Law in Indiana: Immigration CLE on Nov. 8 in Indianapolis. Seats are still available – register online today at Indiana Lawyer 's events page.
Mariana Richmond of Barnes & Thornburg will chair and moderate a program looking at global mobility issues and the impact of changes in immigration law. Panelist Amanda Thornburg of Eli Lilly and Company will offer insight from an employer’s perspective and Jeff Papa of the Indiana Senate will provide a legislative update regarding immigration issues. Michael Palmer of Barnes & Thornburg will discuss how to have a robust immigration compliance policy.
Registration will begin at 12:30 p.m. and the program runs from 1 to 3:15 p.m. at the offices of Barnes & Thornburg in Indianapolis. Registration fee is $89. Attendees will earn two hours of CLE credit. Indiana Lawyer is presenting this Immigration CLE program in partnership with Barnes & Thornburg.
For questions or more information, contact Kelly Lucas at 317-472-5233 or [email protected].
Unemployment checks no longer part of summer break, COA rules
Finding that an addition to the state’s statute did not change the intent of the law, the Indiana Court of Appeals ruled that school bus drivers in Anderson were rightly denied their unemployment checks.
Opinions Nov. 5, 2013 ILD
Indiana Court of Appeals
Dawn Willsey v. State of Indiana (NFP)
24A01-1302-CR-117
Criminal. Affirms 16-year aggregate sentence following guilty plea to two counts of burglary, Class B felonies.
James W. Avery v. Cynthia L. (Avery) Howe (NFP)
18A05-1301-DR-28
Domestic relation. Affirms trial court’s dissolution decree awarding 60 percent of the marital estate to James Avery and 40 percent to Cynthia (Avery) Howe.
A.C. James, Jr., v. State of Indiana (NFP)
02A03-1304-CR-108
Criminal. Affirms conviction of murder and criminal recklessness, a Class D felony.
Brandon Titus v. State of Indiana (NFP)
79A02-1305-CR-460
Criminal. Reverses denial of Titus’s petition for modification of convictions and remands to the trial court for further action consistent with this opinion. Holds the trial court’s discretion was limited to determining if Titus had complied with the terms of the plea agreement. Therefore, the court abused its discretion when it considered whether Titus would or could pursue a career in law enforcement.
Eric Powell v. State of Indiana (NFP)
49A02-1303-CR-226
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana. Finds police officer’s request for Powell’s identification and search for outstanding arrest warrants were reasonable under Article 1, Section 11 of the Indiana Constitution.
The Indiana Tax Court did not submit any opinions by IL deadline. The 7th Circuit Court of Appeals did not submit any Indiana opinions by IL deadline.
Opinions Nov. 5, 2013
Indiana Supreme Court
Jason Wilson v. Kelly (Wilson) Myers
71S03-1305-DR-399
Domestic relation. Reverses modification of custody. Finds an abuse of discretion in the way this modification was carried out and ordered as it never mentioned whether the modification was in the best interest of the children or noted any substantial change in any of the factors enumerated in I.C. 31-17-2-8. Orders an evidentiary hearing and inquiry into in-camera interviews. Since the two children have already been pulled from their Indiana school system and are attending school in Michigan, this status quo should continue until further order of the court as to minimize further disruption to the kids.
Court of Appeals cites snail mail as reason for overturning summary judgment
While neither snow nor rain nor heat nor gloom of night will keep the U.S. Postal Service from its appointed rounds, the Indiana Court of Appeals reminded a lower court that trial rules allow for three extra days when motions are sent by mail.
‘Marijuana legal elsewhere’ claim no help in parental termination appeal
Termination of parental rights was properly granted for a molesting father in federal prison and a drug-using mother who failed to comply with court-ordered services after striking a child.
Jury finds IMPD officer guilty on all 9 counts
An Allen County jury returned a guilty verdict Tuesday afternoon in the trial of Indianapolis Metropolitan Police Officer David Bisard. Bisard faced nine charges stemming from a deadly accident in August 2010 when his police cruiser struck motorcyclists stopped at an Indianapolis intersection.
Trial court errantly suppressed DUI evidence
A Marion Superior Court should not have suppressed evidence of intoxication of a man who was taken to a roll-call station on suspicion of drunken driving, the Indiana Court of Appeals ruled.
Post-conviction claim allowed in DOC placement change
Offenders may seek post-conviction relief from Department of Correction placement changes, the Court of Appeals ruled Tuesday after the state revised its view that a claim should be dismissed.
Appeals court affirms revoked probation after test shows marijuana
A man ordered to serve 90 days of a suspended one-year sentence for a conviction of misdemeanor marijuana possession wasn’t denied due process when his probation officer admitted evidence of a positive urinalysis, the Indiana Court of Appeals ruled.
Justices reverse custody modification but order status quo to continue, for now
The laws in place to protect children caught in the middle of a custody battle were ignored by a St. Joseph Superior Court, the Indiana Supreme Court ruled Tuesday, pointing to a change in custody despite a lack of a proper evidentiary hearing.
How the Brizzi public-corruption case unraveled
Federal authorities suffered a near-complete defeat in their efforts to prosecute the players in an unusual real estate deal in Elkhart, a setback that ultimately doomed an ambitious public-corruption case targeting former Marion County Prosecutor Carl Brizzi.