Volokh: Case will have ramifications beyond Indiana
First Amendment scholar and UCLA law professor Eugene Volokh knows a thing or two about blogging and free speech, as namesake of the popular legal blog, The Volokh Conspiracy.
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Brewington case focuses First Amendment attention on Indiana
Daniel Brewington is either a poster child for the wrongful prosecution of free speech or a man whose online rants about a judge constituted criminal threats. It all depends on your point of view.
ABA Legal Education Task Force calls for law school innovation
The American Bar Association Task Force for the Future of Legal Education, led by Randall Shepard, retired chief justice of the Indiana Supreme Court, issued its draft report Friday, Sept. 20, with recommendations for improving law schools.
Longest-serving female representative dies
Indiana Rep. Phyllis Pond, R-New Haven, who announced recently that she would step down from the General Assembly due to health concerns, has died. Pond, 82, was the longest-serving female representative in Indiana history. IBJ has the story.
Opinions Sept. 23, 2013 ILD
Opinions, Sept. 23, 2013
Indiana Court of Appeals
Terry Rexing v. State of Indiana (NFP)
82A01-1212-CR-561
Criminal. Affirms conviction for dealing in methamphetamine, a Class A felony; possession of chemical reagents or precursors with intent to manufacture a controlled substance, a Class D felony; maintaining a common nuisance, a Class D felony; and criminal recklessness, a Class B misdemeanor. Also affirms aggregate 60-year sentence and status as a habitual offender.
Jimmie Jones v. State of Indiana (NFP)
49A04-1303-CR-93
Criminal. Affirms conviction for one count each of robbery and criminal confinement, as Class B felonies.
Jerry Downs v. State of Indiana (NFP)
27A02-1305-CR-427
Criminal. Affirms denial of Downs’s motion to correct erroneous sentence.
The Indiana Supreme Court and the Indiana Tax Court submitted no opinions before IL deadline. The 7th Circuit Court of Appeals submitted no Indiana opinions before IL deadline.
Opinions Sept. 23, 2013
Opinions, Sept. 23, 2013
Indiana Court of Appeals
C. Subah Packer v. The Indiana Department of Workforce Development
93A02-1301-EX-83
Agency action. Affirms determination of a liability administrative law judge that a horse stable owner must pay unemployment compensation taxes plus interest and penalties for employees during the years 2008-2011 because they performed some amount of non-agricultural labor. Because employment records did not establish the amount of wages paid to workers for agricultural or non-agricultural work, a determination that Packer must pay taxes on total compensation for the audit years is not arbitrary, unreasonable, against the evidence or contrary to law.
Longest-serving Lake Superior judge takes leave
The longest-serving Lake Superior judge is stepping aside, at least temporarily, effective today, according to an order of the Indiana Supreme Court.
Stopped traffic snarls purse snatcher’s getaway scheme
Although the getaway car moved only a few feet after being stopped by police, a man in the passenger seat still was properly convicted of resisting law enforcement because he instructed the driver of the car to “take off.”
Stable owner liable for unemployment tax, appeals court affirms
The owner of a Zionsville horse stable lost her appeal of a determination that she owed unemployment insurance tax for employees because they performed non-agricultural work.
Opinions – Sept. 20, 2013 ILD
Opinions – Sept. 20, 2013
Indiana Court of Appeals
In Re the Term. of the Parent-Child Relationship of F.L. and B.L., Minor Children, and their Mother, B.L. and their Father D.L., B.L. and D.L. v. Indiana Department of Child Services (NFP)
28A01-1303-JT-126
Juvenile. Affirms termination of parental rights.
William Temple v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/september/09201301ewn.pdf
33A01-1211-MI-533
Criminal. On rehearing, clarifies that the trial court may address Temple’s petition for habeas corpus and treat it as a post-conviction petition, and there is no need to transfer to a different trial court. Affirms its prior opinion in all other respects.
Indiana Supreme Court and Indiana Tax Court issued no opinions before IL deadline Friday. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Friday.
Opinions – Sept. 20, 2013
Opinions – Sept. 20, 2013
Indiana Court of Appeals
Walter E. Lunsford v. Deutsche Bank Trust Company Americas as Trustee
30A01-1302-MF-63
Mortgage foreclosure. Affirms trial court grant of summary judgment in favor of Deutsche Bank, holding that its mortgage was the senior lien on a property that Walter Lunsford sold on a land contract years earlier but failed to record until after the mortgage was recorded. Deutsche Bank is the holder of the note and was entitled to enforce the loan document after a default, and Lunsford waived his arguments that the bank lacks standing and that it refused his offer to make payment in full because those arguments were not raised before the trial court.
Bad check in exchange for loan leads to conviction
A woman who got bail money from a friend by giving him a bad check failed to prove she did not purposely mislead and deceive him.
Guantanamo court reporters to address convention
Court reporters part of the “StenOps” team reporting the military tribunal hearings of suspected terrorists at Guantanamo Bay, Cuba, will be among the featured speakers at the annual convention of the Indiana Shorthand Reporters Association Sept. 27-29.
Court cites 1827 case to affirm mortgage trumps land contract
A bank that issued a mortgage to a person selling a property on a land contract has the right to foreclose on the loan, the Indiana Court of Appeals ruled, citing caselaw nearly 200 years old.
St. Thomas More Society plans Red Mass, honors for Zore
The St. Thomas More Society of Indianapolis will honor Marion Superior Probate Court Judge Gerald Zore with its Man for All Seasons award following its annual Red Mass on Wednesday, Oct. 9.
Opinions, Sept. 19, 2013 ILD
Opinions – Sept. 19, 2013
Indiana Court of Appeals
Richard Reese v. State of Indiana (NFP)
49A02-1303-CR-215
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
Ronald Pearson v. State of Indiana (NFP)
36A04-1211-CR-610
Criminal. Affirms 39-year sentence for multiple drug-related convictions.
James R. Dieterle v. State of Indiana (NFP)
06A05-1304-CR-191
Criminal. Affirms denial of motion to correct erroneous sentence, a 50-year term imposed for conviction of Class A felony arson, Class B felony burglary and Class B misdemeanor public intoxication.
Ivan Luis Vazquez v. State of Indiana (NFP)
79A02-1207-PC-545
Post-conviction. Affirms denial of post-conviction relief from a 45-year executed sentence for conviction of Class A felony charges of dealing in cocaine and conspiracy to deal in cocaine.
J.D.M. v. State of Indiana (NFP)
71A05-1303-JV-109
Juvenile. Affirms delinquency adjudication for committing an act that would be Class A misdemeanor dangerous possession of a firearm if committed by an adult.
In Re The Adoption of K.T.; J.T. v. A.A.B. (NFP)
69A01-1304-AD-184
Adoption. Affirms trial court odrder granting the adoption petition of A.A.B. and terminating father J.T.’s parental rights.
Miles Toran v. State of Indiana (NFP)
49A02-1302-CR-154
Criminal. Affirms 65-year sentence for convictions of murder and attempted murder.
Curtis F. Sample, Jr., v. State of Indiana (NFP)
45A03-1302-CR-52
Criminal. Affirms trial court finding of habitual offender on remand from the Indiana Supreme Court.
Gregory Allen v. State of Indiana (NFP)
49A02-1303-CR-221
Criminal. Affirms 35-year sentence for conviction of Class A felony dealing in cocaine.
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 Sept. 19, 2013
Beneficial Financial 1 Inc., Successor in Interest to Beneficial Mortgage Co. of Indiana v. Sharon Hatton, a/k/a Sharon J. Hatton, First Select, Inc., Calvary SPV, II, LLC, and Discover Bank
45A03-1212-MF-531
Mortgage foreclosure. Reverses trial court grant of dismissal for failure to state a claim upon which relief can be granted, finding that a surviving company after a merger needs no documentation of assignment of interest in Hatton’s mortgage, and remands to the trial court with instructions to reinstate Beneficial’s complaint for damages. Beneficial also must have an opportunity to prove that a mutual mistake was the cause of an erroneous legal description of the property secured by the mortgage.
Question over landlord’s actions divide Indiana Court of Appeals
The Indiana Court of Appeals split over what duties a landlord has to re-lease a commercial space when the current tenant is behind on payments.
Court reporters make push for licensing
Court reporters will make a case to a legislative commission this week that the state should set minimum standards and licensing criteria for professionals who record and compile the transcripts of judicial proceedings.
Child’s best interest includes having father’s surname
A noncustodial father’s active participation in his son’s life convinced the Indiana Court of Appeals that giving the father’s surname to the minor was in the best interest of the child.