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7231 results for 'articles'

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Guardian may not file for divorce on behalf on incapacitated adult

July 3, 2013

Citing a 1951 Indiana Supreme Court case, the Court of Appeals has affirmed that the law does not allow a guardian of an incapacitated person to file a petition for divorce on behalf of the incapacitated person.

COA split over reversing summary judgment in slip-and-fall case

July 3, 2013

The Indiana Court of Appeals was divided Wednesday over whether a Merrillville store failed to preserve its issue of prejudice by opposing summary judgment granted to two companies in a negligence lawsuit filed by a woman who fell on ice in front of the northern Indiana Pier 1 Imports store.

Judges uphold sale of properties in tax sale

July 3, 2013

The Indiana Court of Appeals upheld the denial of a property owner’s motion for relief from judgment after his two parcels were sold in a Marion County tax sale. The man argued the notices sent by officials didn’t comply with statutory requirements and he was denied due process.

Firms with Indiana presence make Top 30 in corporate counsel survey

July 3, 2013

Two big law firms with presences in Indiana made the list of law firms offering the best service for Fortune 1000 clients, according to a survey of corporate counsel.

Resisting law enforcement conviction reversed because man had no duty to stop

July 3, 2013

Finding police lacked reasonable suspicion and probable cause when responding to a call about a disturbance that would justify a seizure of a Marion County man, the Indiana Court of Appeals concluded Keion Gaddie was subject to an unlawful stop.

Happy Fourth of July!

July 3, 2013

Indiana Lawyer daily will not be published July 4 or 5 in observance of Independence Day.
 

Chief justice appoints Bloomington man to disciplinary commission

July 3, 2013

Chief Justice Brent Dickson has appointed Bloomington resident Kirk White to a five-year term with the Indiana Supreme Court Disciplinary Commission. White fills a vacancy created by the expiration of Richmond resident Fred Austerman’s second term.

Ex-prosecutor pleads guilty to bribery

July 3, 2013

A former Marion County deputy prosecutor pleaded guilty Tuesday in an Indianapolis federal court to accepting a bribe. As part of the plea, he agreed to tell federal prosecutors what he knows about public corruption in Indianapolis.

Justices reinstate sex offender’s maximum sentence lowered by COA

July 2, 2013

The Indiana Supreme Court on Tuesday reinstated a trial court sentence that imposed maximum consecutive prison terms for a man convicted of two counts of Class B felony sexual misconduct with a minor.

Unpaid balance bars woman from being class representative in class-action complaint

July 2, 2013

Even though a trial court initially certified a class in a lawsuit, the Indiana Court of Appeals has ruled in a case of first impression that the lower court can change its mind.

10-year sentence for 5-finger discount not inappropriate, COA rules

July 2, 2013

The Indiana Court of Appeals has found a sentence of 10 years for stealing a shirt valued at $14.99 is not inappropriate.

Opinions July 2, 2013 ILD

July 2, 2013

Indiana Court of Appeals
Fireworks West International, et al. v. David Prim, et al. (NFP)
49A04-1211-CT-582
Civil tort. Affirms denial of summary judgment in favor of David Prim, et al.

Iris Newt v. State of Indiana (NFP)
32A01-1211-CR-503
Criminal. Affirms jury conviction of Class D felony theft and entrance of judgment and sentence as Class A misdemeanor theft.

Charles Hall v. State of Indiana (NFP)

75A03-1107-PC-331
Post conviction. Affirms denial of post-conviction relief for a conviction of Class B felony dealing in methamphetamine.

Steven C. Cupery v. State of Indiana (NFP)
20A03-1212-CR-547
Criminal. Affirms two-year sentence for conviction of Class D felony possession of cocaine pursuant to an agreement that dismissed an unrelated criminal case.

Darryl Crenshaw and Krisean Porter v. State of Indiana (NFP)
49A02-1210-CR-859
Criminal. Affirms denial of petitions for restricted disclosure of arrest records on dismissed charges.

Maria Torres v. Lovisa Enders (NFP)

49A02-1302-CT-122
Reverses and remands trial court order dismissing Maria Torres’ negligence claim against Lovisa Enders, holding that the trial court erred and should have granted summary judgment in favor of Torres on the issue of whether the complaint was timely brought. The court orders the complaint reinstated.

Fred L. Froeschke and Judith A. Froeschke v. City of Vincennes (NFP)

42A04-1301-PL-29
Civil plenary. Affirms order granting summary judgment in favor of the city of Vincennes.

Dwight A. Washington v. State of Indiana (NFP)
49A04-1211-CR-559
Criminal. Affirms convictions of multiple counts of child molestation.

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

 

Opinions July 2, 2013

July 2, 2013

Indiana Court of Appeals
Tequita Ramsey v. Lightning Corporation
49A02-1209-CC-705
Civil Collection. Affirms the trial court’s judgment in decertifying the class. In this case of first impression, the COA noted it could find no logical reason to hold that a trial court may never revoke or rescind an order certifying a class. To do so would mean that once a class action is certified, the class could not be later decertified even if facts and evidence discovered afterward suggests the class should not have been certified in the first place.

Candidates sought for Allen County magistrate

July 2, 2013

Allen Circuit Court is seeking qualified candidates for the position of magistrate.

Cabbies sue town of Speedway for race-day license seizures

July 2, 2013

More than 80 taxi cab drivers have sued the town of Speedway for allegedly seizing their licenses when they attempted to pick up fares after the Indianapolis 500 on May 26.

IndyBar: Perfect Your Oral Argument with the Indiana Appellate Institute

July 2, 2013

The Indiana Appellate Institute, created by the IndyBar Appellate Practice Section, is a resource available to lawyers throughout the state who have oral arguments scheduled before the Indiana Supreme Court or Court of Appeals.

IndyBar: Simplify Your Practice with Forms and Resources

July 2, 2013

The sharing of information and resources is one of the greatest benefits of an association. During the course of its more than 125 year history, the Indianapolis Bar Association has developed a number of resources to assist in the practice online, on disk or in hard copy.

IBA Frontlines – 7/3/13

July 2, 2013

News from around the IndyBar!

IndyBar: I am humbled

July 2, 2013

Kelley Johnson writes about how during her service this year as Indianapolis Bar Foundation president, she is continually humbled by IndyBar members.

IndyBar: Around the Bar

July 2, 2013

The Women & the Law Division’s Annual Summer Reception was held Tuesday, June 25 at the Indiana Historical Society.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Howard County judge permanently banned from judicial service

  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

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

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • State judiciary is considering alternative exam for bar admission

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