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7th Circuit rules for employer on fired worker’s claims

April 25, 2013

An Italian-born naturalized U.S. citizen who sued his former employer for religious discrimination and defamation after he was fired could not prove his claims before the 7th Circuit Court of Appeals.

Opinions April 24, 2013 ILD

April 24, 2013

Indiana Court of Appeals
Dennis Barnett v. State of Indiana (NFP)
49A02-1207-PC-610
Post conviction. Affirms denial of petition for post-conviction relief.

Michael Pollack v. State of Indiana (NFP)

84A04-1207-CR-374
Criminal. Affirms probation revocation and order that Pollack serve 464 previously suspended days.

In Re the Marriage of: Lisa C. Medley v. Frederick A. Medley (NFP)
49A04-1205-DR-223
Domestic relation. Affirms finding of contempt against the mother based on her interference with the father’s parenting time, and affirms the determination of father’s child support obligation. Reverses finding that mother was in contempt for claiming children as dependent exemptions on taxes. Remands for further proceedings.

Robert L. Johnson, Barbara Johnson, Peace Building Communities, The Professional Groups of the Millennium, LTD., and God's New Covenant Church v. Peace Baptist Church, Inc. (NFP)
45A03-1206-CT-285
Civil tort. Affirms order in favor of Peace Baptist Church, finding Robert and Barbara Johnson liable of conversion. Remands for a determination on Robert Johnson’s counterclaim for malicious prosecution.

Inner Circle Properties, LLC v. Jeffrey Beeks (NFP)

35A02-1210-SC-885
Small claim. Reverses denial of Inner Circle’s claim for $250 in attorney or collection fees and remands with instructions.

Wanda Strickler v. State of Indiana (NFP)
48A04-1208-CR-408
Criminal. Affirms sentence for Class C felony trafficking with an inmate.

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

Opinions April 24, 2013

April 24, 2013

Indiana Court of Appeals
Joshua McCaine Pillow v. State of Indiana
71A04-1206-CR-325
Criminal. Affirms conviction of Class C felony operating a motor vehicle after driving privileges had been forfeited for life. There was sufficient evidence Pillow operated a motor vehicle and his driving privileges had been forfeited for life, which is all the state is obliged to prove under I.C. 9-30-10-17.

Court affirms murder conviction of man who killed stepdaughter

April 24, 2013

A southern Indiana man was not able to convince the Indiana Court of Appeals that the court should overturn his convictions of murder and other charges for stabbing his stepdaughter.

Habitual traffic violator’s conviction upheld

April 24, 2013

Inaction by the Bureau of Motor Vehicles to update a man’s driving record to reflect his lifetime suspended license is not enough to nullify a statutory requirement that his lifetime suspension be imposed, the Indiana Court of Appeals ruled Wednesday.

COA: Driving to avoid potholes isn’t enough to stop car

April 24, 2013

The Indiana Court of Appeals upheld the suppression of evidence in a man’s drunken-driving case, finding police did not have reasonable suspicion to pull the man over because he was driving left of center on a county road to avoid poor road conditions.

Allen Superior judge applicant interviews Thursday

April 24, 2013

The Allen Superior Court Judicial Nominating Commission will interview eight applicants April 25 for Judge Stephen Sims’ spot on the Superior Court. Sims retires Friday.

Justices focus on hazing, duty in Wabash fraternity case

April 24, 2013

Indiana Supreme Court justices on Tuesday quizzed attorneys about what constitutes hazing and whether Wabash College and a fraternity chapter owed a duty to protect a pledge injured when fraternity brothers placed him in a chokehold then dropped him.

Women Lawyers Association to honor Rush, female jurists

April 24, 2013

The Lake County-based Women Lawyers Association will pay tribute to Indiana Justice Loretta Rush, the state’s second female justice, during a reception next month.

Opinions April 23, 2012 ILD

April 23, 2013

Indiana Court of Appeals
Term. of the Parent-Child Rel. of J.L.W. (Minor Child) and S.R.W. (Mother), J.C.H. (Alleged Father), and Alleged Unknown Father v. The Indiana Dept. of Child Services (NFP)
02A03-1207-JT-307
Termination of parental rights. Affirmed involuntary termination of mother’s parental rights. Found the trial court did not err in concluding that there is a reasonable possibility that the conditions that resulted in the minor’s placement outside the home will not be remedied.

Ronald A. Bohannon v. State of Indiana (NFP)
28A04-1212-CR-656
Criminal. Affirms sentence of eight years for a reckless homicide conviction, which was enhanced by five years as a result of Bohannon’s habitual offender status; seven years for handgun convictions, to be served consecutively to the enhanced sentence; and two years for a conviction of receiving stolen property, to be served concurrently with the other sentences.

Kenyatta Erkins and Ugbe Ojile v. State of Indiana
58A01-1205-CR-215
Criminal. Affirms convictions of Class A felony conspiracy to commit robbery resulting in serious bodily injury. Rejected all the issues Erkins and Ojile raised on appeal. Found the trial court did not err in permitting the amendment to the charging information; the evidence was sufficient to show the pair intended and agreed to commit robbery that would result in serious bodily injury; the trial court did not abuse its discretion in admitting evidence gathered after Erkins and Ojile left the casino; any error in admitted interpretations of the pair’s phone conversation was harmless; and the prosecutor did not commit misconduct nor cause a fundamental error.

In Re the Paternity of A.H., A.E., A.M., A.I., A.N.; A.G. v. A.H. (NFP)
49A02-1208-JP-668
Paternity. Affirms trial court calculation of father’s weekly child support obligation since 2007. Found the trial court did not abuse its discretion when it made the calculations.

Sungold Holdings, Inc., Midwest Auto Body, and Robert H. Gentry, III v. Donald Blair (NFP)
18A02-1207-MI-612
Miscellaneous. Affirms trial court’s decision to issue tax deeds to Blair for three properties sold at a tax sale. Found the trial court did not err in holding that Sungold Holdings, et. al., failed to raise a viable objection to the sale.

D.S. v. State of Indiana (NFP)
49A04-1210-JV-522
Juvenile. Affirms juvenile court’s adjudication finding that D.S. is a delinquent child for committing what would be the crime of receiving stolen property, a Class D felony, is committed by an adult. Found the juvenile court did not abuse its discretion by permitting the state to reopen its case in chief. Also ruled the juvenile court did not commit a reversible error by denying D.S.’s motion for involuntary dismissal under Indiana Trial Rule 41(B).

Antwan Parks v. State of Indiana (NFP)
79A02-1208-CR-672
Criminal. Affirms Parks’s conviction for Class C felony battery. Concluded the evidence was sufficient to establish bodily injury.

 

General Assembly votes on expungement and constitutional convention bills

April 23, 2013

Hoosiers with criminal records might soon be able to erase their past.

Opinions April 23, 2013

April 23, 2013

Indiana Court of Appeals
Kenyatta Erkins and Ugbe Ojile v. State of Indiana
58A01-1205-CR-215
Criminal. Affirms convictions of Class A felony conspiracy to commit robbery resulting in serious bodily injury. Rejected all the issues Erkins and Ojile raised on appeal. Found the trial court did not err in permitting the amendment to the charging information; the evidence was sufficient to show the pair intended and agreed to commit robbery that would result in serious bodily injury; the trial court did not abuse its discretion in admitting evidence gathered after Erkins and Ojile left the casino; any error in admitted interpretations of the pair’s phone conversation was harmless; and the prosecutor did not commit misconduct nor cause a fundamental error.

Legal Education Task Force to meet at IU McKinney

April 23, 2013

The American Bar Association Task Force on the Future of Legal Education will examine how students are trained to be lawyers during a special meeting April 24 at the Indiana University Robert H. McKinney School of Law.

COA says argument over wording of robbery statute is issue of first impression

April 23, 2013

An argument over the wording of the state’s robbery statute gave the Indiana Court of Appeals pause but ultimately did not sway its ruling in affirming a conviction of conspiracy to commit robbery resulting in serious bodily injury.

Admission of violation is too little to revoke probation

April 23, 2013

A Marion County man’s admission of a probation violation is not enough to revoke his probation without an evidentiary hearing, the Indiana Court of Appeals has ruled.

Court of Appeals rethinks previous opinion on traffic stops

April 23, 2013

Citing several cases from other jurisdictions, the Indiana Court of Appeals concluded that brief contact with the fog line or swerving within a lane ordinarily is not sufficient to establish reasonable suspicion of impaired driving.

State bar seeking delegate to serve in ABA House

April 23, 2013

The Indiana State Bar Association is seeking a candidate to fill a two-year position to the American Bar Association House of Delegates.

IBA: Volunteer to Take a Family Law or Minor Guardianship Pro Bono Case

April 23, 2013

The day has arrived when local legal service providers and the bar are coordinating efforts to provide pro bono help in family law cases, and we’re ready for your help.

IBA: The Answer for a Good Time?

April 23, 2013

Members of the legal community gathered to spar over trivia while supporting the Indianapolis Bar Foundation at the fourth IBF Trivia Night, held Tuesday, April 16 at the Northside Knights of Columbus.

Blomquist: No Joke — Let’s Take Care of the Lawyers

April 23, 2013

A dear non-lawyer friend of mine recently gave me a joke book about lawyers. If you’re like me you have received such a gift before and you smile, nod your head, chuckle at the gesture, and relegate the book to being a bathroom staple until your conscience allows you to throw it away.

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In This Issue

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • Immigration attorneys worry how ICE detainees will be treated at two slated Indiana sites

  • Birth certificate changes for seven transgender Hoosiers are in limbo

Most Read
  • Former credit union manager indicted on fraud charges

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

  • Disciplinary case against AG Todd Rokita is taking some ‘uncommon’ turns

  • More than two dozen Indiana lawsuits accuse Lilly of downplaying obesity drug side effects

  • Dustin Houchin: Taking a closer look at questions of justice and mercy

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