Bar Crawl – 3/27/13
The Indiana State Bar Association Young Lawyers Section teamed up with the Indianapolis Bar Association Young Lawyers Division recently to help brighten the Easter Seals Crossroads headquarters in Indianapolis.
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Federal Bar Update: Pilot program for discovery in employment cases
In the Southern District of Indiana, if you are litigating an adverse-action employment case you might be part of a pilot program that aims to streamline and tailor discovery and scheduling.
Renovation project raises questions on public bidding
Contractors claim in lawsuit that a school corporation’s financing method circumvented the law.
Stepping outside the career comfort zone
Taking utility president role at PSI Energy had risks for Kay Pashos.
Behind the News: Lawsuit over Simon’s bonus may expose board’s mindset
The $120 million retention bonus that Simon Property Group Inc.’s board awarded David Simon two years ago has spawned a bitter legal battle in Delaware that promises to shed fascinating light on the inner workings of the board.
Many efforts arise to address abandoned property, few go forward
State Sen. Jim Merritt wanted to help an eastside Indianapolis church gain possession of some long-abandoned, derelict houses, tear them down and establish a neighborhood park. But it turned out there wasn’t much the law allowed the church to do.
Lawmakers advance bill to aid courthouse restoration, but money is missing
Nearly every county seat in Indiana could benefit from a bill promoting historic courthouse renovation and maintenance projects. Only problem is, when lawmakers passed the legislation through the Senate they stripped out the money for it.
New dean promotes IU McKinney as national leader
Professor Andrew Klein to take the helm of the Indianapolis law school July 1.
Tax clinic brings relief to homeowners fighting high assessments
At Faegre Baker Daniels LLP, the attorneys suspected there was a gap in pro bono tax help for owners of homes valued at $150,000 or less. They were looking for a volunteer opportunity so they organized the first ever Homeowner Property Tax Clinic.
Firm branding efforts foster cultures and help drive business growth
Branding sets firms apart from the competition, but it also reflects, shapes and defines a firm’s culture, marketing experts say. The dividends extend beyond forging an identity.
Attorneys use pro bono tax work to fill the gap
Almost immediately after taking her seat on the Indiana Tax Court, Judge Martha Blood Wentworth saw the problem. Flowing into her court were numerous pro se litigants who ended up getting their cases bounced because they had made a procedural error.
From bridge builder to Boilermaker
Steve Schultz is settling into his new position as Purdue’s first in-house counsel.
Pence appoints Hurley to St. Joseph bench
Gov. Mike Pence on Monday made his first appointment to the judiciary, announcing Elizabeth C. Hurley will fill a vacancy when St. Joseph Superior Judge Roland W. Chamblee retires March 31.
Opinions March 25, 2013 ILD
Indiana Court of Appeals
Ronald G. Arnold and B. Candi Arnold v. Allen Robert Linnemeier and Kathy Sue Linnemeier (NFP)
53A04-1207-PL-368
Civil plenary. Affirms the trial court’s judgment in favor of the Linnemeiers which granted them an easement by prior use and an irrevocable license across the Arnolds’ land for purposes of entering and exiting.
Jesse R. Luckey v. State of Indiana (NFP)
34A04-1208-CR-399
Criminal. Reverses order revoking Luckey’s probation in two underlying cases arising from his convictions for possession of a controlled substance as a Class D felony, possession of marijuana as a Class D felony and possession of paraphernalia as a Class A misdemeanor. Ruled although the evidence was sufficient for the trial court to find probable cause that Luckey had committed the new offenses, it was insufficient to establish the commission of such crimes by preponderance of the evidence.
Aaron Brown v. State of Indiana (NFP)
49A02-1207-CR-546
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A misdemeanor driving with a suspended license. Found the trial court did not abuse its discretion when it admitted the evidence obtained incident to Brown’s arrest.
Alejandro Gomez-Aviles v. State of Indiana (NFP)
49A02-1209-CR-728
Criminal. Affirms convictions of two counts of child molesting, each as a Class A felony; two counts of child molesting, each as a Class C felony; and four counts of sexual misconduct with a minor, each as a Class C felony. Found corpus delicti had been established so the admission of Gomez-Aviles videotaped confession did not constitute a fundamental error. Also ruled Gomez-Aviles did not carry his burden of demonstrating prosecutorial misconduct.
Rev. Carl Z. Liggins and The Board of Trustees of Mt. Olive Missionary Baptist Church, Inc. v. William Bagley, Raymond Gaines, Gregg Merriweather, Stevie Bonds, Curtis Godfre, et al. (NFP)
49A02-1203-CT-184
Civil tort. Reverses trial court’s order directing Mount Olive Missionary Baptist Church to hold a general meeting to consider the retention of Rev. Liggins. Found the trustees did not fail to follow the procedures set out in the bylaws concerning the renewal or extension of the pastor’s contract because the bylaws did not give a procedure for how to handle a contract renewal or extension.
Jaime A. Herrera v. State of Indiana (NFP)
45A05-1208-PC-440
Post conviction. Affirms denial of Harrera’s petition for post-conviction relief. Ruled that Herrera’s proposed sentencing challenge was meritless and, therefore, he did not demonstrate his appellate counsel was ineffective.
Mark Kevin Liston v. State of Indiana (NFP)
45A05-1207-CR-385
Criminal. Dismisses Liston’s appeal of the trial judge’s order rescinding the referee’s order granting his petition for post-conviction relief. Liston did not request the trial court to certify its order for interlocutory appeal and did not request the Court of Appeals to accept jurisdiction.
Sherry L. Pruitt v. State of Indiana (NFP)
58A01-1206-CR-275
Criminal. Affirms the revocation of Pruitt’s probation and the order that she serve incarcerated the three years remaining on her sentences. Remands for the court to correct a clerical error and enter a modified abstract of judgment that lists both cause numbers under which the revocation was adjudicated.
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 March 25, 2013
Indiana Court of Appeals
Maria Upham, as Surviving Spouse and Personal Rep. of the Estate of Wilbur A. Upham, Deceased v. Morgan County Hospital, Richard J. Eisenhut, M.D., Unity Physicians, Kendrick Family Practice, et al.
55A01-1202-CT-53
Civil tort/malpractice. Affirms jury verdict in favor of the hospital, holding that Upham’s counsel failed to request an admonishment and therefore waived the argument that the court should have declared a mistrial because of a prospective juror’s comments that plaintiff’s counsel was motivated by money. There was no abuse of discretion in jury instructions or in the court’s limiting of discovery.
High School Mock Trial Championship volunteers can earn free CLE
Volunteers are needed to judge mock trials in May, when Indianapolis for the first time will host the National High School Mock Trial Championship. Attorneys who volunteer to judge will earn free continuing legal education credit.
Prospective juror’s criticism of lawyer OK in verdict for hospital
When a prospective juror in a wrongful death lawsuit against a hospital said he believed a lawyer was suing to make money, that attorney’s failure to ask the judge for an admonishment of the jury pool waived her later argument for a mistrial, the Court of Appeals ruled Monday.
Lake County judge pro tem appointed to fill Bonaventura vacancy
Senior Judge Thomas W. Webber Sr. was appointed a judge pro tem late Friday as the Indiana Supreme Court intervened further in a controversy over who will be the next judge of the Lake Superior Court Juvenile Division.
Judge tosses township jurisdiction challenge in collection cases
A federal judge has ruled that Marion County collections cases need not be filed in the township where a defendant lives or a contract was signed, a key ruling regarding a practice criticized as “forum shopping.”
Opinions March 22, 2103 ILD
Indiana Court of Appeals
F.G. v. B.G. (NFP)
49A05-1210-DR-506
Domestic relation. Affirms trial court’s denial of father F.G.’s motion to set aside decree establishing paternity and for DNA testing regarding paternity of one of his children.
C.M. v. State of Indiana (NFP)
49A02-1209-JV-757
Juvenile. Affirms finding of indirect contempt of court.
Gail Eisenhut v. Richard Eisenhut, M.D. (NFP)
49A02-1208-DR-633
Domestic relation. Reverses trial court judgment ordering Gail Eisenhut to repay Richard Eisenhut $19,250, holding there is no evidence that his overpayment of child support was anything but voluntary and gratuitous.
Lisa M. Rooker v. State of Indiana (NFP)
48A02-1206-CR-492
Criminal. Affirms three-year sentence for Class D felony conviction of operating a vehicle while intoxicated.
Roudy Joe Beasley v. State of Indiana (NFP)
84A05-1209-CR-461
Criminal. Affirms revocation of home detention.
John Mwangi v. State of Indiana (NFP)
49A02-1208-CR-647
Criminal. Affirms convictions of Class D felony intimidation and theft.
Rex L. Kast v. State of Indiana (NFP)
02A03-1205-CR-211
Criminal. Affirms convictions of three Class D felony counts of possession of controlled substances.
Andrew J.P. Cox v. State of Indiana (NFP)
48A05-1209-CR-451
Criminal. Affirms revocation of probation.
Thomas Albert Overton v. State of Indiana (NFP)
35A02-1206-CR-530
Criminal. Affirms conviction of Class C felony child molesting.
Daimon Culpepper v. State of Indiana (NFP)
49A02-1209-CR-724
Criminal. Affirms sentence for Class A felony robbery.
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.