Sudden death of Indianapolis attorney saddens legal community
The Indianapolis legal community is in mourning after learning of the sudden death Tuesday night of attorney Joe Russell.
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Opinions July 17, 2013
Indiana Supreme Court
In the Matter of: Joseph Stork Smith
29S00-1201-DI-8
Discipline. Disbars Smith for, among other things, revealing confidential information relating to his representation of a former client by publishing the information in a book for personal gain. His disbarment becomes effective Aug. 28.
Question remains as to whether son is ‘child’ under Wrongful Death Statute
The Indiana Court of Appeals reversed summary judgment in favor of the defendants on two parents’ claims under the Child Wrongful Death Statute regarding their 21-year-old son who died in a car accident. The appellate court found a genuine issue of material fact as to whether the informal apprenticeship the son was participating in at the time of his death would be considered a vocational program under the CWDS.
Prisoner adequately stated First Amendment claim against DOC employees
The Indiana Court of Appeals quickly affirmed the dismissal of most of a prisoner’s claims regarding violations under Indiana statute or the state and federal constitutions, but found her First Amendment retaliation claims against several Department of Correction employees should not have been dismissed by the trial court.
COA affirms dissolution of corporation embroiled in family dispute
A company owned by two brothers – one disabled and one terminally ill – was properly dissolved by the trial court over the disabled brother’s objections, the Indiana Court of Appeals held.
Ex-prosecutor candidate wants to resign from bar
An attorney and former Democratic candidate for prosecutor in Gibson County who pleaded guilty to obstruction of justice and possession of child pornography tendered his resignation from the bar during a disciplinary hearing in open court Tuesday.
Attorney disbarred for writing book about client
The Indiana Supreme Court has ordered a Carmel attorney disbarred after finding he wrote a book revealing sensitive information about a former client for his monetary gain.
Justices: Voluntary associations must comply with Wage Payment Statute
The Indiana Supreme Court Tuesday ordered more proceedings on a fired union employee’s complaint seeking payment for unused vacation time. The justices held that she is entitled to accrue vacation pay unless there was an arrangement or policy to the contrary, which is in dispute in this case.
Protective order project moves to Center for Victim and Human Rights
The Indiana Coalition Against Domestic Violence and the Center for Victim and Human Rights announced Tuesday that the ICADV’s Protective Order Pro Bono Project is being taken over by the CVHR.
7th Circuit won’t make Indiana rip up section of I-69
The 7th Circuit Court of Appeals on Tuesday rejected environmental activists’ arguments that the U.S. Army Corps of Engineers failed to adequately address impact on wetlands when it issued permits for a recently completed section of Interstate 69 in southern Indiana.
Opinions July 16, 2013 ILD
Indiana Court of Appeals
Jeramie Murdock v. State of Indiana (NFP)
48A02-1210-CR-880
Criminal. Affirms 20-year executed sentence and convictions of Class B felony dealing in methamphetamine, Class D felony possession of methamphetamine and Class D felony maintaining a common nuisance.
Jeffrey Nemcek v. State of Indiana (NFP)
45A04-1210-CR-549
Criminal. Affirms conviction of Class C felony reckless homicide and Class B misdemeanor possession of a switchblade knife.
Scott Banfield v. State of Indiana (NFP)
02A04-1210-IF-536
Infraction. Affirms bench trial verdict against Scott Banfield and fine of $35.50 plus court costs for a speeding ticket.
Oscar Guillen, Sr. v. State of Indiana (NFP)
56A03-1204-CR-157
Criminal. Affirms convictions of two counts of Class D felony intimidation and adjudication as a habitual offender.
Patrick Wiese v. State of Indiana (NFP)
49A02-1207-CR-595
Criminal/rehearing. Reaffirms trial court denial of a motion to suppress evidence from a home search.
Eric M. Kyner v. State of Indiana (NFP)
49A02-1301-PC-124
Post-conviction. Affirms denial of petition for post-conviction relief from his designation as a sexually violent predator and placement on parole, which was revoked after a violation.
Christopher McCaster v. State of Indiana (NFP)
79A04-1212-CR-644
Criminal. Affirms habitual-offender sentence enhancement to a conviction of Class A felony conspiracy to deal in cocaine or a narcotic drug.
Romell Colvin v. State of Indiana (NFP)
82A01-1212-CR-576
Criminal. Affirms Class D felony conviction of dealing in marijuana.
Nicholas Joseph Bray v. State of Indiana (NFP)
45A05-1210-CR-548
Criminal. Affirms denial of motion to withdraw guilty plea to two counts of Class C felony child molesting.
Barbara Laskowski v. Amer Kazi, M.D. (NFP)
20A03-1205-PL-235
Civil plenary/medical malpractice. A majority of Judge Rudolph Pyle III and Chief Judge Margret Robb affirms summary judgment in favor of the defendant. Judge Melissa May dissents.
Jim A. Edsall v. Benson, Pantello, Morris, James & Logan (NFP)
02A05-1210-SC-508
Small claims. Affirms judgment against Jim Edsall for $981.31 in unpaid legal fees.
Kenneth Horton v. State of Indiana (NFP)
49A02-1212-CR-1036
Criminal. Affirms revocation of probation on the suspended portion of a sentence for Class B felony rape.
Delford W. Jones v. State of Indiana (NFP)
45A03-1209-CR-401
Criminal. Reverses convictions of Class C felony child molesting and Class D felony sexual battery and remands to the trial court to enter a conviction of Class B misdemeanor battery and resentence Jones accordingly.
Susan Berg v. Wanda Peters Rice a/k/a Wanda Coleman (NFP)
40A04-1210-SC-530
Small claims. Affirms judgment in favor of Wanda Peters Rice a/k/a Wanda Coleman in a land contract dispute.
Melvin Lee Hayes v. State of Indiana (NFP)
03A05-1212-CR-630
Criminal. Remands to the trial court to recalculate credit for time served on convictions of Class D felony counts of possession of a controlled substance, possession of methamphetamine and theft.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Tuesday.
Opinions July 16, 2013
7th Circuit Court of Appeals
Hoosier Environmental Council and Citizens for Appropriate Rural Roads v. United States Army Corps of Engineers and Indiana Department of Transportation
12-3187
Civil/agency action. Affirms the U.S. Court for the Southern District of Indiana’s grant of summary judgment in favor of the Corps of Engineers, holding that the Corps evaluated all of the wetland-protection factors required in its approval of a Clean Water Act permit to construct a section of Interstate 69 about 25 miles south of Bloomington.
Conviction splits COA in determining actions of a ‘reasonable person’
In affirming the conviction of a man who violated a no-contact order, the Indiana Court of Appeals split over what a “reasonable person” would have done in similar circumstances.
Appeals court cites apparent authority to affirm auction sale
The sale of Noble County lake and farm property at auction is valid even though some siblings in a family limited liability corporation objected because reserve prices hadn’t been met, the Indiana Court of Appeals ruled in affirming the trial court.
Rear-ended motorist found 70 percent liable wins on appeal
A jury that found a Kokomo motorist 70 percent at fault when his vehicle sitting at an intersection was rear-ended misread the law, as did a judge who instructed jurors, the Indiana Court of Appeals ruled.
COA finds argument that documents were ambiguous is really ‘a failure to read’
A real estate investor who argued that he should not be held personally liable because the loan documents were ambiguous was reminded by the Indiana Court of Appeals that “a failure to read does not equate with an ambiguity….”
Labor and employment attorney named 2013 Legendary Lawyer
Retired Indianapolis attorney Henry C. Ryder has been selected to receive the Indiana Bar Foundation’s 2013 Legendary Lawyer Award.
Kohlhaas: Notable changes to Indiana’s Parenting Time Guidelines
Michael Kohlhaas points out notable changes to the Indiana Parenting Time Guidelines, including to school breaks.