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New Conour asset check ordered in bond revocation bid

April 18, 2013

Former attorney William Conour stayed out of custody in his federal wire fraud case Thursday, but the judge withheld a ruling on a government bid to revoke bond until investigators can take a fresh look at Conour’s assets the FBI inventoried last year.

Opinions April 18, 2013 ILD

April 18, 2013

Indiana Court of Appeals
J.S. v. State of Indiana (NFP)
49A04-1209-JV-490
Juvenile. Affirms adjudication of Class D felony resisting law enforcement if committed by an adult.

Tory Simmers v. United Farm Family Mutual Insurance Company (NFP)
17A04-1211-CT-577
Civil tort. Affirms insurer is entitled to $5,000 set off and summary judgment.

Scott Miller v. State of Indiana (NFP)

44A05-1207-PC-376
Post conviction. Affirms denial of petition for post-conviction relief.

Tyronne J. Noel v. State of Indiana (NFP)

87A01-1211-CR-525
Criminal. Affirms conviction of Class B misdemeanor reckless driving for passing a stopped school bus sign.

Maximilian Spiegel v. State of Indiana (NFP)
49A02-1208-CR-687
Criminal. Affirms conviction of Class A felony child molesting.

Mark Vickery v. State of Indiana (NFP)
49A02-1209-CR-740
Criminal. Affirms conviction of Class A misdemeanor domestic battery.

Timothy J. Taylor v. State of Indiana (NFP)
49A05-1209-PC-476
Post conviction. Affirms denial of petition for post-conviction relief.

Jane M. Burkart v. State of Indiana (NFP)
46A03-1211-CR-465
Criminal. Affirms revocation of probation for failure to pay restitution.

Maura Leonard v. David Leonard (NFP)
49A04-1208-DR-439
Domestic relation. Affirms property distribution order in dissolution of marriage. The trial court erred in awarding the vehicle to the parties’ adult child and $4,000 in cash should have been included in the marital estate, but those errors were harmless. Declines to set aside dissolution decree.

Jevante Lancaster v. State of Indiana (NFP)
49A02-1208-CR-635
Criminal. Affirms revocation of probation and placement in Marion County Criminal Corrections.

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

Opinions April 18, 2013

April 18, 2013

7th Circuit Court of Appeals
United States of America v. Johnnie C. Collins
12-3317
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms denial of motion to suppress evidence in drug case in which Collins entered a conditional plea of guilty to possession of crack with intent to distribute and possession of powder cocaine with intent to distribute.

7th Circuit declines to overturn ruling on excessive force

April 18, 2013

A man who entered a conditional plea on drug charges couldn’t convince the 7th Circuit Court of Appeals Thursday that it should overturn a ruling that the use of excessive force during an arrest is not a basis for suppressing evidence.

Mother, wife could consent to search of home for meth

April 18, 2013

A man convicted of making methamphetamine objected to his conviction, arguing that his mother, who he claims has Alzheimer’s disease, and his wife did not have the authority to allow police to search his home on the report he was making the drug.

Court orders more proceedings on laborer’s pay

April 18, 2013

The Boone Superior Court will need to take another look at a man’s lawsuit against R.L. Turner Corporation that claimed he was underpaid by the company for labor he provided on two public works projects, the Indiana Court of Appeals ruled Thursday.

COA reduces $125k judgment against company to $200 in fines

April 18, 2013

Finding that a liability administrative law judge erred in determining that a company that previously operated a call center in Fishers owed more than $125,000 in unemployment insurance contributions, interest and penalties for a year when the company had no Indiana employees, the Indiana Court of Appeals reversed.

Justices suspend Bloomington attorney who arranged drug buy

April 18, 2013

Bloomington attorney David Schalk, who arranged a drug buy in 2007 in an attempt to impeach a witness’s credibility at trial, has been suspended for at least nine months by the Indiana Supreme Court.

Attorneys collect $55k, 10k pounds of food in competition

April 18, 2013

The March Against Hunger food drive competition among legal organizations in Indiana and Kentucky has raised the equivalent of 143 tons of food, the Office of the Indiana Attorney General announced Wednesday.

Opinions April 17, 2013 ILD

April 17, 2013

Indiana Court of Appeals
Earlie B. Berry, Jr. v. State of Indiana (NFP)
02A03-1210-CR-455
Criminal. Affirms conviction of Class C felony burglary.

Donald Dowdell v. State of Indiana (NFP)
49A02-1209-CR-765
Criminal. Affirms convictions of Class D felonies dealing in marijuana and possession of marijuana.

Term. of the Parent-Child Rel. of: T.P. (Minor Child), and D.P. (Father) v. The Indiana Dept. of Child Services (NFP)
15A01-1207-JT-320
Juvenile. Affirms termination of parental rights.

David Meece v. State of Indiana (NFP)
89A04-1208-CR-412
Criminal. Affirms denial of mistrial motions.

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

Opinions April 17, 2013

April 17, 2013

Indiana Court of Appeals
Earlie B. Berry, Jr. v. State of Indiana (NFP)
02A03-1210-CR-455
Criminal. Affirms conviction of Class C felony burglary.

House moves several bills to governor

April 17, 2013

The Indiana House of Representatives passed several bills on concurrence Tuesday, including legislation on trust administration, magistrates and adoption history information.

Comparative law scholars to present work at IU McKinney

April 17, 2013

Nearly 100 comparative law scholars will present their scholarship at Indiana University Robert H. McKinney School of Law Thursday and Friday at the second annual Younger Comparativists Committee Conference.

Indiana justices hit the road to hear hazing arguments

April 17, 2013

The Indiana Supreme Court will travel to Indiana University East in Richmond next week to hear arguments in a hazing lawsuit involving Wabash College.

Opinion April 16, 2013 ILD

April 16, 2013

Indiana Court of Appeals
David Arnett v. Julia Arnett (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/april/04161301par.pdf  
32A01-1208-DR-383
Domestic relation. Affirms dissolution of marriage.

Enrique Perez v. State of Indiana (NFP)
49A04-1208-CR-419
Criminal. Affirms conviction of Class B felony robbery.

Herman P. Johnson v. State of Indiana (NFP)
49A02-1207-PC-606
Post conviction. Affirms denial of petition for post-conviction relief.

David Delong v. Kim Delong (NFP)
43A03-1206-DR-299
Domestic relation. Affirms custody order, reverses order on support and regarding a parenting coordinator and remands for further proceedings.

Harold M. Bacchus, Jr. v. Fazia Deen-Bacchus (NFP)
02A03-1203-DR-119
Domestic relation. Affirms in part and reverses in part order finding the net worth of the marital property to be $1,405,763, and giving wife 55 percent and husband 45 percent. Remands with instructions.  

The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
 

Opinions April 16, 2013

April 16, 2013

7th Circuit Court of Appeals
Renee S. Majors v. General Electric Co.
12-2893
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Affirms grant of summary judgment on Majors’ claims that GE violated the Americans with Disabilities Act when it denied her positions and that GE retaliated against her for filing EEOC charges of discrimination.

GE did not discriminate against employee

April 16, 2013

A longtime employee at the Bloomington General Electric Co. plant could not prove to the 7th Circuit Court of Appeals that the company discriminated against her because of a disability and retaliated against her when she filed a complaint with the Equal Employment Opportunity Commission.

Constitutional Convention bills return to Senate

April 16, 2013

The Indiana House of Representatives approved Senate Bills 224 and 225 introduced by Senate President Pro Tem David Long outlining details of the state’s call for a Constitutional Convention. The legislation returns to the Senate with some changes.

Judges affirm AUL Insurance owed no fiduciary duty to 401(k) plan

April 16, 2013

The 7th Circuit Court of Appeals has ruled in favor of an insurance company on a 401(k) plan trustee’s lawsuit that the insurance company’s revenue-sharing practices breached a fiduciary duty under the Employment Retirement Income Security Act of 1974.

7th Circuit affirms men’s drug convictions

April 16, 2013

In a consolidated appeal brought by two men convicted on charges stemming from a heroin conspiracy, the 7th Circuit Court of Appeals affirmed their convictions. Ronald Zitt, who went to trial, argued he was entitled to a mistrial. Joshua Wampler pleaded guilty but argued he should be allowed to appeal.

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In This Issue

  • Will U.S. Supreme Court hear request to overturn landmark decision on same-sex marriage?

  • Fort Wayne end-of-life doula tests bounds of Indiana’s funeral laws

  • New Notre Dame program helps first-year law students

Most Read
  • Indiana attorney Zuckerberg sues Meta over accusations he’s impersonating Facebook founder

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

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

  • State judiciary is considering alternative exam for bar admission

  • Birth certificate changes for seven transgender Hoosiers are in limbo

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