Bell/Gaerte: SCOTUS guides trial courts’ involvement in plea offers
In the last term, the United States Supreme Court, in Missouri v. Frye, 132 S. Ct. 1399 (2012), took a small step toward inviting trial courts into plea negotiations.
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Settlement reached in Weinberger medical malpractice suits
Victims split $55 million, but some cases continue for former fugitive Merrillville ‘Nose Doctor.’
SCOTUS decides high-profile cases in term’s final weeks
The Supreme Court of the United States issued the final decisions of the 2012 term June 26. In addition to the Vance v. Ball State University ruling on the definition of “supervisor,” several of the decisions handed down during waning days of the term promise to have far-reaching impact.
Fireworks lawyers help clients with flying colors
Muncie attorney John H. Brooke has a flair for providing hands-on help to his clients in the fireworks business. Say someone’s unavailable at the last minute to fire off a town’s Fourth of July display. Brooke can handle that.
Orzeske: How to stay in good standing with your CLE requirements
The Commission for Continuing Legal Education encourages attorneys to be active in obtaining education and maintaining correct contact information.
Improving judicial professionalism starts in the classroom
The new requirement for judges to log more continuing education hours is not seen as burden.
Canny: CLE enables paralegals to learn, grow
Cathy Canny asks why is it any less important for paralegals to obtain continuing legal education as compared to attorneys.
More attorneys are turning to online programming to get CLE credit
Since 2006, Indiana attorneys have been allowed to count CLE classes offered over the Internet toward their total required continuing education hours. The popularity of online programs has been growing among lawyers primarily because of the convenience. Lawyers do not have to budget travel time into their schedules to attend a seminar.
Justices deny transfer for two dozen cases
The Indiana Supreme Court rejected 24 requests for transfer last week, granting transfer in just one case which already has been decided.
Courts announce July 4 holiday closures
Indiana appellate courts and the 7th Circuit Court of Appeals are extending the Independence Day holiday to a four-day weekend.
Opinions July 1, 2013 ILD
Indiana Court of Appeals and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions July 1, 2013
Indiana Supreme Court
N.L. v. State of Indiana
47S01-1302-JV-126
Juvenile. Reverses and remands the trial court order placing N.L. on the sex offender registry, holding that the order was neither issued in connection with an evidentiary hearing nor accompanied by findings.
Historic law firm and young upstart merge in southern Indiana
Two law firms in New Albany are joining together to form a 14-attorney office with expanded practice areas.
Justices reverse juvenile placement on sex offender registry
A juvenile who pleaded guilty to what would have been Class D felony sexual battery if committed by an adult should not have been placed on the sex offender registry, the Indiana Supreme Court ruled Monday.
BP agrees to $7M settlement over tainted gas
BP Products North America will settle a class-action lawsuit resulting from a gasoline recall last year, agreeing to pay $7 million in damages, costs and claims, according to attorneys representing the class.
Indiana Supreme Court endorses new jury instructions for mentally ill defendants
Although it affirmed the judgment of the post-conviction court in denying relief, the Indiana Supreme Court endorsed a change in jury instructions regarding mentally ill defendants.
Opinions June 28, 2013 ILD
Indiana Court of Appeals
Calvin McKeller v. State of Indiana (NFP)
49A02-1209-CR-714
Criminal. Affirms conviction after jury trial of Class B felony robbery.
John P. Schaub v. The Estate of Edward G. Schaub and David Schaub, Personal Representative (NFP)
54A01-1301-PL-11
Civil plenary. Reverses damage award of $12,000. Finds the estate did not meet the burden of proof in proving the elements of a replevin claim. The estate failed to present evidence relative to the value of the recreational vehicle on the date that the possession by John Schaub became wrongful.
Larry G. Brown v. State of Indiana (NFP)
49A2-1208-CR-657
Criminal. Affirms Brown’s convictions and sentences for two counts of Class A felony child molesting.
Christopher Gross v. State of Indiana (NFP)
75A04-1210-CR-647
Criminal. Affirms Gross’ sentence of 30 months of incarceration following his conviction of Class D felony possession of a controlled substance.
Gregory D. Swagger v. State of Indiana (NFP)
90A02-1212-CR-1018
Criminal. Affirms trial court was statutorily authorized to revoke Swagger’s probation and order him to serve the rest of his four-year sentence in the Department of Correction.
Robert J. Lambright, Shirley A. Lambright, and Dutch Land, Inc. a/k/a Dutchland, Inc. v. Dawn M. Gregory, as Guardian for Donna Lee (NFP)
44A04-1211-CC-589
Civil collection. Reverses the grant of summary judgment and remands for further proceedings. Holds the trial court erred by considering a letter from a certified public account that was not properly part of the designated evidence and that there is a genuine issue of material fact as to whether the lenders waived or partially waived enforcement of the penalty provisions.
Brandon Shane Fitch v. State of Indiana (NFP)
27A05-1209-CR-481
Criminal. Affirms convictions of five counts of child molesting, each as a Class C felony.
David Gibbs v. State of Indiana (NFP)
49A05-1208-CR-406
Criminal. Affirms conviction of arson as a Class B felony.
Tony Wombels v. State of Indiana (NFP)
49A05-1212-CR-652
Criminal. Affirms conviction of carjacking, a Class B felony.
Santos Vasquez v. State of Indiana (NFP)
49A04-1301-CR-1
Criminal. Affirms conviction of burglary as a class B felony.
Layne M. Jefferson v. State of Indiana (NFP)
48A02-1211-CR-952
Criminal. Affirms sentence following guilty plea to theft as a Class D felony. Concludes the sentence the trial court imposed – three years in the Indiana Department of Correction with one year executed and to be served at a work release facility, and two years suspended to supervised probation – is specifically tailored with Jefferson’s particular history and rehabilitative issue in mind.
Daniel Drake v. State of Indiana (NFP)
49A02-1212-CR-972
Criminal. Affirms conviction of public intoxication, a Class B misdemeanor.
Gersh Zavodnik v. Michela Rinaldi, et al. (NFP)
49A05-1211-CT-595
Civil tort. Affirms trial court’s dismissal of Zavodnik’s case against Rinaldi pursuant to Indiana Trial Rule 41(E).
The Paternity of P.A.B.; K.B. v. J.L. (NFP)
15A04-1210-GU-518
Guardianship. Affirms trial court’s order terminating guardianship and granting motion for change of custody to the father. Finds the grandmother failed to prove by clear and convincing evidence that P.A.B.’s interests were substantially and significantly served by continued placement with her.
State of Indiana v. Harley Perkins (NFP)
48A02-1210-CR-823
Criminal. Affirms the trial court’s order granting a mistrial and dismissing the charges against Perkins.
Heather Renae Ingle v. State of Indiana (NFP)
29A02-1211-CR-901
Criminal. Affirms Ingle’s convictions of Class A misdemeanor operating while intoxicated endangering a person, Class A misdemeanor resisting law enforcement and Class B misdemeanor disorderly conduct.
Re: Termination of the Parent-Child Relationship of J.W,. and K.S. v. Indiana Department of Child Services (NFP)
65A01-1211-JT-535
Juvenile. Affirms termination of father’s parental rights.
Marquis Wilcox v. State of Indiana (NFP)
49A04-1209-CR-456
Criminal. Affirms Wilcox’s convictions on four counts of Class A felony child molesting.
Terrance L. Walton v. State of Indiana (NFP)
02A05-1210-CR-518
Criminal. Affirms convictions of Class C felony carrying a handgun without a license and Class A misdemeanor operating while intoxicated endangering a person.
Jarrell Outlaw v. State of Indiana (NFP)
49A04-1210-CR-521
Criminal. Affirms convictions of Class A misdemeanor auto theft and Class A misdemeanor resisting law enforcement. Also affirms trial court’s order Outlaw pay $166 in court cost.
The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions June 28, 2013
Indiana Supreme Court
Brad W. Passwater v. State of Indiana
48S05-1210-PC-583
Post conviction. Affirms post-conviction court denial of Passwater’s petition for relief. In the decision, the court reconsiders the instructions it approved in Georgopuls v. State, 735 N.E. 2d 1138, 1143 n.3 (Ind. 2000), for juries faced with the option of finding a defendant not responsible by reason of insanity or guilty but mentally ill. The court concluded the instruction provided by the Indiana Pattern Jury Instruction 11.20 is better and approved its use.