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Justices take 4 cases

The Indiana Supreme Court granted transfer to four cases last week, including three that involved divided lower court rulings.

COA orders trial on drug charges

On interlocutory appeal, the Indiana Court of Appeals affirmed a trial court’s denial of an Elkhart County man’s motion to suppress evidence police seized from him and his residence while investigating possible drug dealing.

Judges uphold sexually violent predator status

The Indiana Court of Appeals found a defendant failed to establish that the process used to determine his sexually violent predator status constituted a fundamental error, so the court upheld the SVP status.

Man entitled to new trial based on trial counsel’s performance

A man convicted on a drug dealing charge and found to be a serious violent felon will have a new trial because his trial attorney did not file a motion to bifurcate the dealing and SVF charges, which prejudiced him, the Indiana Court of Appeals ruled.

DWD, prosecutor team up to target unemployment insurance fraud

Indiana Department of Workforce Development Commissioner Scott Sanders and Marion County Prosecutor Terry Curry announced a new partnership between the offices Monday to investigate and prosecute individuals accused of fraudulent unemployment insurance claims.

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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 […]

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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 […]

Opinions Feb. 4, 2013 ILD

Indiana Court of Appeals
Mohamed Sesay v. State of Indiana (NFP)
49A02-1203-CR-190
Criminal. Affirms convictions of Class B misdemeanors public intoxication and disorderly conduct.

Brandon Johnson v. State of Indiana (NFP)
02A05-1207-CR-357
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

Eligah Thomas v. State of Indiana (NFP)
49A02-1207-CR-528
Criminal. Affirms convictions of four counts of battery and one count of resisting law enforcement, all as Class A misdemeanors.

Chris Corey v. State of Indiana (NFP)
82A01-1208-CR-342
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A misdemeanor possession of paraphernalia.

Blaine Johnson v. State of Indiana (NFP)
10A01-1201-CR-15
Criminal. Affirms conviction of Class C felony battery.

The 7th Circuit Court of Appeals did not post any Indiana decisions by IL deadline. The Indiana Supreme Court and Tax Court didn’t post any opinions by IL deadline.

 

Opinions Feb. 4, 2013

Indiana Court of Appeals
Connie S. Landers v. Wabash Center, Inc.
79A04-1204-CT-191
Civil tort. Affirms judgment for Wabash Center Inc. in its lawsuit against Landers for the return of money her ex-husband stole from his employer Wabash and gave to her during and after their marriage. The court ordered she pay more than $1.037 million and granted Wabash an equitable lien on her home. Wabash’s lawsuit is not barred by the statute of limitations and the ruling is supported by sufficient evidence.

Longtime IU Maurer dean worked in ‘dream job’ for 33 years

Leonard Dennis Fromm, associate dean for students and alumni affairs at Indiana University Maurer School of Law, died Feb. 2 at the I.U. Health Bone Marrow Transplant Unit in Indianapolis. A celebration of his life will be held later this week.

Jury selected in Marsh civil trial

Don Marsh will have a lot of explaining to do about millions of dollars in expenses he charged to Marsh Supermarkets during a two-week civil trial that got underway Monday morning.

Ex-wife ordered to return money husband stole from nonprofit

A woman whose ex-husband committed suicide after his scheme to steal money from his employer unraveled must pay back to the company money she received from her husband during and after their marriage, the Indiana Court of Appeals ruled Monday.

State to get $1.6M in ‘robo-signing’ settlement

Indiana will receive more than $1.6 million from a Florida-based company after agreeing to settle claims that it fraudulently “robo-signed” mortgage-related documents. Indiana Attorney General Greg Zoeller announced the settlement Friday, which is part of a $120 million multi-state settlement with Lender Processing Services Inc.

Certain religious organizations may not have to provide contraceptives

Religious employers – primarily churches and other non-profits – will no longer have to provide contraceptive coverage if they have religious objections under the Patient Protection and Affordable Care Act if proposed amendments by the U.S. Department of Health and Human Services are implemented.

Defense attorneys turn tough in Bales trial

The legal team representing real estate broker John M. Bales and partner William E. Spencer haven't called their first witness and already they're putting up a spirited fight as federal prosecutors seek to prove charges including bank, mail and wire fraud.

Opinions Feb. 1, 2013 ILD

Indiana Court of Appeals
Judy Canada v. Countrywide Home Loans, Inc., Bank of America, N.A., BAC GP, LLC, and BAC Home Loans Services, LP (NFP)
49A05-1203-PL-154
Civil plenary. Affirms grant of a motion to reconsider filed by Bank of America in which the trial court reaffirmed its dismissal of Count I of Canada’s class action brought as a Complaint For Fraud on the court and dismissed Count II, which contained an allegation of violations of the Indiana Racketeer Influenced and Corrupt Organizations Act.

Alvino Pizano v. IDOC Commissioner Bruce Lemmons, IDOC Parole Chairman Gregory Server, CIF Superintendent Wendy Knight (NFP)
48A02-1209-MI-770
Miscellaneous. Affirms dismissal of lawsuit.

Term. of the Parent-Child Rel. of: Se.L.; N.L.; G.L.; J.L.; Sh.L.; L.L.; & I.L. (Minor Children), and D.L. (Mother) v. The Indiana Dept. of Child Services (NFP)
48A02-1207-JT-537
Juvenile. Affirms termination of parental rights.

Christopher Hanneman v. State of Indiana (NFP)
67A05-1207-CR-344
Criminal. Affirms conviction of Class B misdemeanor criminal mischief.

Theresa Pressinell v. State of Indiana (NFP)
20A03-1206-CR-267
Criminal. Affirms sentence following guilty plea to two counts of dealing in methamphetamine as Class A felonies.

Larry Johnson v. State of Indiana (NFP)
82A01-1111-CR-602
Criminal. Affirms denial of motion to correct error.

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

Opinions Feb. 1, 2013

7th Circuit Court of Appeals
Eugene Devbrow v. Dr. Eke Kalu, et al.
12-2467
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Larry J. McKinney.
Civil. Reverses judgment for the defendants on prisoner Devbrow’s suit that two prison doctors and a prison nurse were deliberately indifferent to his serious medical needs in violation of the Eighth Amendment. The statute of limitations for a Section 1983 deliberate-indifference claim brought to redress a medical injury doesn’t begin to run until the plaintiff knows of his injury and its cause, so his suit is timely.

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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 […]