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Opinions Oct. 23, 2013

Indiana Court of Appeals
Phillip Griffin v. State of Indiana
49A02-1212-CR-964
Criminal. Reverses conviction of Class A misdemeanor resisting law enforcement as the police officer lacked reasonable suspicion to detain Griffin for the purpose of investigating a possible crime. Affirms conviction of Class A misdemeanor battering an officer while being placed under arrest because there is sufficient evidence Griffin was not acting in self-defense. Also reverses order to perform community services and remands to address the question of payment of costs. Judge Mathias concurs in separate opinion; Judge Bailey concurs in part and dissents in part.

Judge: better to assess defendant under mental health law, not criminal one

In a resisting arrest and battery case that drew opinions from each of the sitting judges on the Indiana Court of Appeals panel, Judge Paul Mathias addressed the issue of whether the defendant suffered from a mental illness. He urged law enforcement to consider mental health intervention to treat troubled – but innocuous – conduct instead of relying on criminal law.

State’s school chief files suit against board of education

State Superintendent of Public Instruction Glenda Ritz filed a lawsuit Tuesday accusing 10 members of the State Board of Education of violating state law in a secret effort to undermine her. Ritz is a Democrat; the 10 board members were appointed by Republican governors. Questions have surfaced concerning whether the action by Ritz runs contrary to state law, and Bryan Corbin, public information officer for the Office of the Indiana Attorney General, said Attorney General Greg Zoeller isn’t going to comment on the case until he speaks to the parties involved. Zoeller hopes his office can serve some useful role in resolving the conflict outside of court. IBJ.com has more on the lawsuit.

 

New survey outlines how corporate law departments are cutting costs

Chief legal officers have turned to negotiating price reductions with outside counsel, doing more work in house, and greater use of technology in efforts to control costs, according to a survey released Wednesday by legal management consulting firm Altman Weil Inc.

Opinions Oct. 22, 2013 ILD

Indiana Court of Appeals
Jeffrey Robinson v. State of Indiana (NFP)
49A02-1301-CR-6
Criminal. Affirms trial court’s denial of motion to suppress a search of Jeffrey Robinson’s underwear that turned up marijuana.

Tony Kimble v. State of Indiana (NFP)
49A02-1303-CR-268
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana.

Gabriel McCreary v. Connersville Storage and Miniwarehousing (NFP)
21A01-1212-CC-554
Collections. Affirms trial court award of damages and attorney fees to Gabriel McCreary.

James W. Johnston v. Diana Johnston (NFP)
49A02-1302-DR-142
Domestic relations. Affirms trial court rulings concerning child support and various rulings leading to the court’s conclusions.

Brian K. Moore v. State of Indiana (NFP)
73A01-1301-CR-40
Criminal. Affirms revocation of probation.

The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.

7th Circuit blasts lawyers in reinstating malicious prosecution suit

A man wrongly prosecuted, convicted and imprisoned for the arson of Frankton High School more than 10 year ago was ultimately freed, but the 7th Circuit Court of Appeals Tuesday blistered attorneys in a subsequent malicious prosecution lawsuit who successfully argued in the U.S. District Court for dismissal of the man's federal complaint.

Opinions Oct. 22, 2013

7th Circuit Court of Appeals
Billy Julian v. Sam Hanna, et. al.
1:11-CV-01536
Criminal. Reverses District Court grant of summary judgment to defendant parties in a malicious prosecution case and remands for further proceedings, holding that Billy Julian’s claim was improperly dismissed as untimely. The panel held that the two-year window for the claim did not begin until November 2010, when charges against him were dismissed, and therefore filing of the claim in July 2011 was timely.

Library may go after contractors for cleanup costs outside building

A diesel fuel leak in the basement of the main library branch in Fort Wayne spread to neighboring property, leading to more than $490,000 in cleanup bills. The Court of Appeals ruled Tuesday the library may pursue recovery against contractors it argues are responsible for the leak.

Health Care & Life Sciences Section Kicks Off Rebranding with Half-Day Seminar

Spurred by recent growth in the Indiana life sciences industry and by the natural nexus between the health care and life sciences sectors in Indiana, the IndyBar Health Care section expanded its focus in 2013, becoming the “Health Care & Life Sciences Section.” In recognition of this expansion, the section will present “Expert Insights on […]

IBA Frontlines

Join the IndyBar Team! The Indianapolis Bar Association and Foundation is hiring for two new staff positions. Applications for the Director of Law Practice Development and the Director of Law Student Services should be submitted by Friday, Oct. 25 to Julie Armstrong via email at [email protected] or by mail to 135 N. Pennsylvania St., Suite […]

IndyBar: Moberly to Lead Indianapolis Bar Association in 2016

The Indianapolis Bar Association’s Nominating Committee has announced the selection of the Hon. Robyn Moberly of the United States Bankruptcy Court for the Southern District of Indiana as the 2016 President of the Indianapolis Bar Association.

On The Move – 10/23/13

See who’s joined Indiana firms, been appointed to bar leadership positions, or recognized for their legal work.