Disciplinary Actions -4/24/13
Read who’s been suspended and who’s been publicly reprimanded by the Indiana Supreme Court.
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Humvee maker wins $277M
A defense subcontractor marked up kits, resulting in millions of dollars in armor overcharges.
Law school applications drop over last 2 years
Applications to three of the four Indiana law schools are in free fall as prospective students think twice about taking on mountains of debt at a time when job prospects are dim.
Big tech tips for small firms
When advising small firm and solo lawyers recently at the American Bar Association Tech Show in Chicago, Indianapolis attorney Marc Matheny said he ran out of time before he ran out of tips.
Follow-up support needed for mediation success
The Neighborhood Christian Legal Clinic launches new three-phase program that also incorporates education.
Mediation space key to resolution, even if it’s a getaway divorce
Just because a dispute might be ugly, it doesn’t mean the surroundings have to be.
Law students provide vital help to immigrants
Law professors involved with immigration clinics agree that a change in the national immigration law could create more work for the clinics, especially if undocumented workers currently in the country had a path to citizenship.
Aid rises for those wrongly convicted
Prosecutors and police helped clear more than half of those exonerated in 2012, according to a report by the National Registry of Exonerations.
Longest-practicing female attorney in Indiana has no plans to retire
Reflecting on her legal career, Poff said she probably would not have been successful working at a big law firm. Yet she has done well as a solo practitioner in Auburn, not only building and sustaining a law office but also being a quiet influence on the other attorneys in DeKalb County.
SCOTUS declines review of injunction against Medicaid cap on dental work
The Supreme Court of the United States will leave undisturbed a ruling that blocked state efforts to cap dental work for Medicaid recipients at $1,000 per year.
Indiana Supreme Court adds 2 cases, denies 22
The Indiana Supreme Court will review the case of a man whose attempted child exploitation convictions for secretly photographing minor girls in their underwear were overturned by a divided panel of the Indiana Court of Appeals.
Opinions April 22, 2013 ILD
Indiana Court of Appeals
Gregory L. Saylor v. State of Indiana (NFP)
02A03-1209-PC-396
Post conviction. Affirms post-conviction court’s denial of Saylor’s petition for post-conviction relief. Found Saylor’s counsel did properly advise concerning the benefits and consequences of accepting a plea offer. Also ruled his counsel did raise Saylor’s mental disability as a mitigating factor at sentencing.
The Indiana Supreme Court and Tax Court posted no opinions prior to IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions prior to IL deadline.
Opinions April 22, 2013
Indiana Court of Appeals
Douglas A. Guilmette v. State of Indiana
71A04-1205-CR-250
Criminal. Affirms conviction for murder. The court found although the trial court did err by admitting DNA from a bloody shoe into evidence, the error was harmless because other substantial and independent evidence supported the conviction. It also ruled the trial court did not abuse its discretion by instructing the jury on accomplice liability, and it ruled the evidence was ample to sustain the murder conviction.
Trial court should have booted the bloody shoe, but conviction stands
The Indiana Court of Appeals agreed with a convicted murderer that his bloody shoe should not have been admitted into evidence, but the judges did not overturn the conviction, ruling other substantial independent evidence supported the guilty verdict.
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On The Move highlights employment news, awards and honors attorneys receive, and board appointments or elected positions. Digital images should be 200 dpi and saved as eps, tiff or jpg. Color images are preferred. Information must be submitted at least 10 days before the Wednesday issue in which it is to appear. Submit your announcement […]
House passes JTAC, court late payment bills
The Indiana House of Representatives passed on concurrence several bills Wednesday, including legislation dealing with judicial technology and automation.
Self-defense claim of man who killed 2 fails on appeal
An Indianapolis man’s claim that the state failed to disprove his claim of self defense did not persuade the Indiana Court of Appeals to revisit his two murder convictions and sentence of 115 years in prison.
Appeals court overturns suppression of evidence gathered in search
A special judge in Orange Circuit Court erred in suppressing evidence obtained during the execution of a search warrant that led to a man’s arrest on Class D felony charges of possession of marijuana, the Indiana Court of Appeals ruled Friday.
Opinions April 19, 2013 ILD
Indiana Court of Appeals
Gregory Garrett v. State of Indiana (NFP)
49A02-1208-CR-666
Criminal. Affirms Garrett’s conviction for Class A misdemeanor battery.
Eddie Hargrow v. State of Indiana (NFP)
48A02-1208-CR-697
Criminal. Affirms sentencing Hargrow to the maximum of 65 years for murder. Ruled the trial court did not abuse its discretion in sentencing Hargrow and that the sentence was not inappropriate in light of the nature of his offense and character.
David Smigielski v. State of Indiana (NFP)
71A05-1209-CR-492
Criminal. Affirms conviction for operating a motor vehicle while intoxicated, a Class C misdemeanor, and for operating a motor vehicle while intoxicated after having been convicted of operating a motor vehicle while intoxicated, a Class D felony.
Michael Warren v. State of Indiana (NFP)
18A02-1210-CR-870
Criminal. Dismissed for lack of subject matter jurisdiction. Ruled the trial court erred when it granted Warren leave to file a belated notice of appeal of the probation revocation order.
Philip M. Reed v. State of Indiana (NFP)
32A05-1208-CR-426
Criminal. Affirms conviction of Class C felony operating a motor vehicle after driving privileges are forfeited for life. Found trial counsel provided effective assistance.
Darius Washington v. Indiana Department of Correction (NFP)
52A02-1204-SC-796
Small Claim. Affirms judgment for the Indiana Department of Correction after Washington filed a notice of claim regarding the loss of her property. Found the trial court did not err by entering judgment in favor of the DOC or by denying Washington’s motion to transport.
Kenneth Schaefer v. State of Indiana (NFP)
49A02-1206-CR-468
Criminal. Affirms convictions of murder and Class C felony battery. Found the trial court did not abuse its discretion by refusing to give Schaefer’s tendered instruction to the jury regarding voluntary manslaughter and sudden heat. Also ruled Schaefer’s sentence to an aggregate of 60 years is not inappropriate in light of the nature of the offenses and his character.
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.