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IU Maurer close to naming new dean

Fourteen months after formally beginning a dean search, the Indiana University Maurer School of Law could be welcoming a new dean before the end of November.

Car ad not deceptive, but salesperson’s statements keep fraud claim alive

Car dealers, like many businesses, often “puff up” their advertisements to make their cars more attractive to potential buyers, and this puffery can’t be the basis of deception or fraud claims, the Indiana Supreme Court ruled Tuesday. But a woman’s fraud claim against an Indianapolis car dealer will continue.

District Court program to look at Cypriot Mosaics case

This year’s Court History and Continuing Legal Education Symposium in the U.S. District Court, Southern District of Indiana will focus on one of the “most publicized and fascinating cases to come before the court in recent memory,” according to District Court.

Opinions Oct. 29, 2013 ILD

Indiana Court of Appeals
Michael Wayne Norred v. State of Indiana (NFP)
82A01-1303-CR-94
Criminal. Affirms conviction of Class C misdemeanor panhandling.

P.A. v. State of Indiana (NFP)
33A01-1305-JV-196
Juvenile. Affirms awarding wardship of P.A. to the Indiana Department of Correction for housing in a correctional facility for children, with the recommendation he receive mental health treatment and medication management.

Rebecca Waggoner v. Robert Waggoner (NFP)
12A02-1303-DR-231
Domestic relation. Affirms denial of mother’s motion to modify custody and the split of guardian ad litem fees. Holds mother should not pay appellate attorney fees.

Chad Malone v. State of Indiana (NFP)
89A01-1302-CR-71
Criminal. Affirms denial of request for seventh continuance just before trial and 75-year sentence for two counts of Class A felony attempted murder.

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

Opinions Oct. 29, 2013

Shawn Telligman v. Review Board of the Indiana Department of Workforce Development and Indiana Department of Workforce Development Unemployment Insurance Claims Adjudication
93A02-1304-EX-303
Agency action. Affirms ruling in favor of the IDWD’s claim that Telligman failed to disclose or falsified information to IDWD in order to receive unemployment benefits. The ALJ and review board did not err in finding that Telligman knowingly failed to disclose or falsified facts that would disqualify him from receiving benefits, reduce his benefits, or render him ineligible for benefits or extended benefits, and in finding him liable to repay IDWD the benefit overpayment amounts together with applicable penalties and interest. The board did not abuse its discretion in denying his request to submit additional evidence.

Brother must prove why depositions should remain confidential

A Porter County court erred in merging the issue of confidentiality for purposes of discovery with the issue of restricting public access to materials filed in court, the Indiana Court of Appeals ruled Tuesday. It ordered a hearing at which a man involved in a lawsuit with his brother must prove why portions of his deposition should be restricted from public access under Administrative Rule 9.

Parental rights terminations upheld in substitute magistrate cases

In a pair of cases before the Indiana Court of Appeals Tuesday, parents argued that their due process rights were violated when a different magistrate reported findings and conclusions to the judge than the magistrate who heard the cases. The magistrate initially on the cases resigned before making reports to the juvenile court.

Man’s defense of necessity argument fails on appeal

The Indiana Court of Appeals held Tuesday that a reasonable jury could find that a man’s actions in trying to prevent his girlfriend from using cocaine were disproportionate to the harm avoided if she had used the drug, thus putting an end to his defense of necessity claim. The judges upheld Gerald Clemons’ possession of cocaine conviction.

Americans think ‘justice is for sale’

Money talks, the saying goes, and many Americans think it’s telling judges how to rule on cases, according to results of a poll released Thursday.

Surrogate: Clients lost fees paid to attorney who fled

As many as 80 clients of a Kokomo attorney may have pre-paid for bankruptcy petitions that the attorney failed to file before leaving the country, according to the lawyer appointed to wind down the practice.

Opinions Oct. 28, 2013 ILD

Indiana Court of Appeals
Denielle R. Pharr v. State of Indiana (NFP)
84A05-1305-CR-223
Criminal. Reverses revocation of work release and reinstatement by the trial court without credit time of the remainder of Pharr’s sentence. Remands for the court to issue a revised abstract of judgment.

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

Opinions Oct. 28, 2013

Indiana Court of Appeals
Chaunsey L. Fox v. State of Indiana
71A04-1304-CR-187
Criminal. Affirms felony murder conviction. The trial court did not abuse its discretion by denying Fox’s motion to dismiss and allowing the jury to determine the issue of credibility and answer the question of who was telling the truth.

Justices take homeschooling-group expulsion case

The Indiana Supreme Court has agreed to hear two cases, including one involving a homeschooling group that presented an issue of first impression regarding education under civil rights law.

COA upholds denial of convicted murderer’s motion to dismiss

The Indiana Court of Appeals rejected a man’s argument that murder charges should have been dismissed based on a plea agreement he made with the state, finding no error by the trial court in allowing the jury to decide whether the defendant’s testimony was credible. The plea agreement preventing prosecution for murder would be in effect only if the defendant met certain criteria.