Failure to report
The arm of the Indiana Supreme Court that enforces rules governing the admission and discipline of lawyers has been in violation of one of those rules for several years.
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Choosing a life beyond suburbia has shaped lawyer’s family and future
Years ago, Ice Miller LLP attorney Sherry Fabina-Abney and her husband made the decision to raise their children on an 18-acre farm in Johnson County, and they wouldn't have it any other way.
Opinions August 23, 2013 ILD
Opinions – Aug. 26, 2013
Indiana Court of Appeals
Stephanie Murry v. State of Indiana (NFP)
49A02-1301-CR-39
Criminal. Affirms revocation of placement in Marion County Community Corrections.
Lysa Wefler v. Mark Wefler (NFP)
45A03-1206-DR-268
Domestic relations. Affirms holding of contempt of court against Lysa Welfer for violation of the settlement agreement in her dissolution of marriage.
Mir Iqbal, Et Al. v. S-Mart Petroleum, Inc. (NFP)
79A02-1210-MF-860
Mortgage forceclosure. Affirms trial court order in favor of S-Mart.
Term. of the Parent-Child Rel. of D.C., Minor Child, and K.C., Mother: K.C. v. Indiana Dept. of Child Services and Lake County Court Appointed Special Advocate (NFP)
45A03-1301-JT-22
Juvenile. Affirms termination of mother K.C.’s parental rights.
Kevin R. Harris v. State of Indiana (NFP)
02A03-1210-CR-445
Criminal. Affirms conviction and sentence for Class D felony criminal recklessness.
T.B. v. State of Indiana (NFP)
49A02-1301-JV-113
Juvenile. Affirms in part, reverses in part and remands adjudication of delinquency for two counts of what would have been Class B felony robbery if committed by an adult. Trial court is ordered to vacate one of the true findings of robbery as it violates the continuing crime doctrine.
Andrew D. Fisher v. State of Indiana (NFP)
38A04-1301-CR-41
Criminal. Affirms conviction of Class A felony attempted murder.
Derrick King v. State of Indiana (NFP)
49A05-1211-CR-579
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.
Anthony Robert Konsoer v. State of Indiana (NFP)
82A05-1301-CR-30
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday.
U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Monday.
Opinions August 26, 2013
Indiana Court of Appeals
Stephanie Murry v. State of Indiana (NFP)
49A02-1301-CR-39
Criminal. Affirms revocation of placement in Marion County Community Corrections
Marion Superior judge faces 45 judicial misconduct counts
Marion Superior criminal court Judge Kimberly Brown faces possible suspension and discipline from the Judicial Qualifications Commission on 45 counts of misconduct.
Gary Mayor reminds MCBA of history, pushes action
Gary mayor Karen Freeman-Wilson implored members of the Marion County Bar Association to speak up because the gains made by previous generations of African-Americans are being rolled back.
Truck owner-operator fee dispute stays in federal court
A lawsuit claiming that hundreds of tractor-trailer owner-operators may be owed damages of more than $5 million will remain in federal court, the 7th Circuit Court of Appeals ruled Friday.
Opinions August 23, 2013
7th Circuit Court of Appeals
Larry Butler et al. v. Sears, Roebuck and Co.
11-8029, 12-8030
Civil. On remand from the U.S. Supreme Court, reinstates class-action certification for two claims regarding front-loading Kenmore washing machines sold by Sears: that design defects created odor-producing mold and cause the machine to stop at inopportune times. Applying the SCOTUS holding in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the court held that a single common issue of liability ran through class action claims: whether the washers were defective.
State Fair properly stripped champion sheep title, but penalties merit hearing
The Indiana State Fair Board’s decision to strip a winner of his grand champion sheep prize will stand, but the 4-H’er was entitled to a hearing on penalties, the Indiana Court of Appeals ruled Friday.
Gov. Pence turns to legal community for board appointments
A litigation attorney for the Indiana Department of Child Services, Luke Britt, has been appointed as the Indiana Public Access Counselor.
7th Circuit reinstates smelly washer class actions
Two class actions claiming Kenmore washing machines sold at Sears stores were defective were reinstated by the 7th Circuit Court of Appeals on Thursday after certification of the suits was vacated in June by the U.S. Supreme Court.
Split COA reverses its original decision on rehearing
Saying “plea agreements should be more artfully drafted,” a split Indiana Court of Appeals affirmed an award of restitution against a Daviess County man whose plea agreement was silent on the matter of restitution.
‘The State is the State’ and they share the same fate, Supreme Court rules
The Indiana Department of Correction’s motion to obligate a convicted sex offender to continue registering was blocked by the Indiana Supreme Court on the grounds that “the State is the State.”
Opinions Aug. 22, 2013 ILD
Indiana Court of Appeals
Terry Eldridge v. State of Indiana (NFP)
49A04-1301-CR-24
Criminal. Dismisses appeal to trial court’s denial of petition for additional credit time for completing a rehabilitative program prior to sentencing. Rules under Appellate Rule 9, Eldridge did not file a timely notice of his appeal. The proper time to file an appeal was within 30 days of the court’s 2006 sentencing order which Eldridge did not do.
Kevin Patterson v. State of Indiana (NFP)
48A02-1208-CR-628
Criminal. Affirms convictions for battery, a Class C felony; and intimidation, a Class C felony.
Isaiah Adams v. State of Indiana (NFP)
49A05-1212-CR-605
Criminal. Affirms conviction for Class A misdemeanor invasion of privacy.
Joshua Steelman v. State of Indiana (NFP)
15A05-1212-CR-661
Criminal. Affirms convictions for theft, as a Class D felony; criminal mischief, as a Class B misdemeanor; and unauthorized entry of a motor vehicle, as a Class B misdemeanor.
Clifford N. Whitmer, II v. State of Indiana (NFP)
20A04-1302-CR-70
Criminal. Affirms 50-year sentence for conviction of robbery resulting in serious bodily injury, a Class A felony.
Timothy G. Lyles v. State of Indiana (NFP)
08A02-1302-CR-179
Criminal. Affirms convictions of two counts of Class A felony child molesting and two counts of Class C felony child molesting along with sentence for a 40-year aggregate term.
In the Matter of D.S., Child in Need of Services; R.J. v. Indiana Dept. of Child Services (NFP)
49A02-1301-JC-26
Juvenile. Affirms the juvenile court’s adjudication of R.J.’s (father) child, D.S., as a child in need of services.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Aug. 22, 2013
Indiana Court of Appeals
Roger A. Buchanan and Susan Buchanan v. HSBC Mortgage Services, Inc.
39A01-1211-MF-515
Mortgage foreclosure. Affirms trial court grant of summary judgment in favor of HSBC Mortgage Services, holding that even if a mortgage was not properly acknowledged, the Buchanans don’t deny that they executed a mortgage and note when they purchased their home, on which they stopped making mortgage payments in 2007. The Buchanans’ arguments therefore are without merit.
Mother may petition for college expenses for emancipated children
Two amendments made by the Indiana General Assembly to the termination of child support and emancipation statute allow for a mother’s college support petition for two emancipated children to stand.
Foreclosure affirmed on transferred mortgage
A couple who stopped making mortgage payments in 2007 and continued to live in their house failed to convince an appeals panel that a trial court erred in determining who holds the note and ruled the mortgage valid despite an allegedly defective acknowledgement.
Planned Parenthood challenges state on abortion pill law
Planned Parenthood has filed a lawsuit against a state law it says illegally targets a clinic in Lafayette. IBJ.com has the story.
Open Door violation not worth $8K, COA rules
A group of petitioners who prevailed on an Indiana Open Door Law violation will get reimbursed for attorney fees, but the amount will be reduced by nearly $5,000 after a trial court found the group was requesting money for work unrelated to the claim.