Law School Briefs – 10/23/13
Read the latest news from Indiana’s law schools, including Indiana University Maurer School of Law’s participation in a new mediation study.
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Hammerle on … ‘Gravity,’ ‘Captain Phillips’
Taking place on a damaged space station, Alfonso Cuaron’s “Gravity” is the most challenging space adventure focusing on the human heart since Stanley Kubrick’s “2001: A Space Odyssey” (1968). It forces you to examine the ultimate purpose of life given the fact that we are all going to die.
Federal Bar Update: Rule requires advance service of non-party document requests
Unknown to some practitioners, since 1991 the current version of Fed. R. Civ. P. 45 requires advance notice to opposing parties of document subpoenas issued to non-parties.
DTCI: Can women in the legal profession really beat the odds?
Research has shown that the greatest barrier to advancement for women attorneys is the work-family conflict.
Bell/Gaerte: 3 things to know about the right to silence after Salinas
James Bell and K. Michael Gaerte outline the three things to know about the impact of the U.S. Supreme Court’s decision on the right to remain silent.
Faegre Baker Daniels employees participate in ‘Indy Do Day’
On Oct. 10, as a part of “Indy Do Day,” more than 40 Faegre Baker Daniels LLP employees conducted a mini-makeover of a home recently purchased by a single mother of four.
When security actions become unconstitutional snooping
Indiana University Maurer School of Law professors join the effort to curb government surveillance.
COA finds mechanic’s lien statute requires only substantial compliance
The homeowner’s lawyer seeks rehearing, arguing that differing names between the pre-lien and mechanic’s lien makes the lien invalid.
Conour’s 10-year sentence disappoints victims
Judge says the former attorney’s theft of nearly $7 million from clients casts a shadow over the legal profession.
South Bend nudity case goes from Supreme Court to the stage
Following the completion of arguments before the Supreme Court of the United States, Indiana attorney Wayne Uhl found himself in a gaggle of reporters on the outside plaza. The 1991 case with its questions about nude dancing, pasties, G-strings and First Amendment rights had, not surprisingly, attracted national media interest.
Marion County, Simon tangle over valuation of Indianapolis malls
Arguments in two cases before the Indiana Tax Court in recent weeks featured wildly divergent views of the valuation of two Indianapolis shopping malls that have seen better days.
Dickson: Trial courts face ‘crisis’ of unrepresented litigants
About three in five litigants appearing in Indiana’s civil trial courts are doing it themselves, according to data compiled from statewide case filings this summer.
State bar approves pro bono reporting requirement
Proponents say the change will encourage volunteerism to meet legal needs of those who cannot afford attorneys.
Faith in practice
Red Mass reinforces the value of respect, civility and community in the legal profession.
Opinions Oct. 21, 2013 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Defense firm appeals $277M verdict for Humvee maker
A defense contractor is appealing an Indiana judge’s order that it pay $277 million to the Mishawaka-based manufacturer of Army Humvee military vehicles. The contractor overcharged for armor kits to retrofit the vehicles during the bloodiest days of the Iraq war, the judge ruled.
Jurists to judge Wabash moot court
Indiana Justice Steven David and U.S. District Court Magistrate Judge Debra McVicker Lynch will serve as judges in the finals of the 20th Wabash College Moot Court Competition on Oct. 29, the college and the Indianapolis Association of Wabash men announced Monday.
Marion Superior judge faces week-long disciplinary case
A week-long hearing has been set in the disciplinary case against a Marion Superior judge who now faces 47 counts alleging she violated Rules of Judicial Conduct.
McKinney professor emeritus Harold Greenberg dies
Indiana University Robert H. McKinney School of Law professor emeritus Harold Greenberg died Tuesday. Family funeral services were to take place Friday, and a memorial celebration is being scheduled.
Opinions Oct. 18, 2013 ILD
Indiana Court of Appeals
Chad Musick v. State of Indiana (NFP)
18A04-1302-PC-61
Post conviction. Affirms the denial of Musick’s post-conviction relief petition to the extent the post-conviction court found he did not receive ineffective assistance of appellate counsel. Reverses the denial with respect to the claim of ineffective assistance of trial counsel and remands for further proceedings on that claim.
Jolene G. Burtrum v. Citizens Health Center (NFP)
49A05-1305-PL-224
Civil plenary. Affirms dismissal of Burtrum’s complaint against Citizens Health Center, alleging breach of contract and seeking damages under the Wage Claim Statute.
J.M. v. State of Indiana (NFP)
52A02-1304-JV-361
Juvenile. Affirms order placing J.M. in the Indiana Department of Correction after he admitted to theft from a Burger King restaurant.
Christopher T. Taylor v. State of Indiana (NFP)
29A02-1301-PC-54
Post conviction. Affirms summary disposition regarding Taylor’s freestanding claims of error and ineffective assistance of counsel claim on the presumptive sentencing scheme. Reverses and remands denial of Taylor’s motion for an evidentiary hearing on the remaining ineffective assistance of counsel claims.
Louis O'Neal v. State of Indiana (NFP)
20A03-1302-PC-58
Post conviction. Affirms the denial of O’Neal’s motion to withdraw his post-conviction petition without prejudice.
Gregory Calvain v. State of Indiana (NFP)
41A01-1303-CR-116
Criminal. Affirms conviction of illegal consumption of an alcoholic beverage, a Class C misdemeanor.
Martin Cenfetelli v. State of Indiana (NFP)
84A01-1303-CR-118
Criminal. Affirms Cenfetelli’s 14-year sentence, $2,000 fine and five-year suspension of driver’s license for conviction of Class B felony operating a vehicle with a blood alcohol content of 0.15 or more causing death. Reverses home detention and community service as conditions of probation. Reverses and remands for further proceedings regarding the restitution order for $101,198.24.
The Indiana Supreme Court and the Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals submitted no Indiana opinions by IL deadline.