Bankruptcy Court updating procedure for Chapter 13 confirmation hearings
The United States Bankruptcy Court for the Southern District of Indiana will be changing how it handles Chapter 13 confirmation hearings beginning July 1.
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Ice Miller, Bingham Greenebaum Doll reduce downtown office space
A couple of Indianapolis’ largest law firms are giving up space in two downtown office towers, exemplifying how the legal profession is shifting the way in which it conducts business.
SCOTUS issues 3 decisions; opinions on Ball State case, same-sex marriage to come
Those who hoped to learn how the Supreme Court of the United States will rule on same-sex marriage likely will need to wait until next week. The U.S. justices issued three opinions Thursday, although none were from the highly anticipated cases before them.
Opinions June 19, 2013 ILD
Indiana Court of Appeals
Natalie Rouse v. State of Indiana (NFP)
02A03-1212-CR-550
Criminal. Affirms conviction of Class C misdemeanor operating a motor vehicle without ever receiving a license.
Jason E. Morales v. State of Indiana (NFP)
87A01-1211-PC-530
Post conviction. Affirms denial of petition for post-conviction relief.
In the Matter of: M.W., Minor Child, A Child in Need of Services, E.W., Father v. Indiana Department of Child Services (NFP)
49A05-1210-JC-500
Juvenile. Affirms parental participation order entered as part of the juvenile court’s dispositional order.
Corey L. Mosley v. State of Indiana (NFP)
49A02-1203-PC-249
Post conviction. Affirms denial of petition for post-conviction relief.
Jason Matlock v. State of Indiana (NFP)
49A02-1209-CR-742
Criminal. Affirms admission of evidence police obtained pursuant to a traffic stop.
Wellpoint, Inc. (f/k/a Anthem, Inc.) and Anthem Insurance Companies, Inc. v. National Union Fire Ins. Co. of Pittsburgh, Pa; AIG Europe (U.K.) Limited, New Hampshire Ins. Co., et al. (NFP)
49A05-1202-PL-92
Civil plenary. Affirms summary judgment for Wellpoint’s insurers, who denied coverage for Wellpoint’s defense and settlement of a number of lawsuits against it.
King of Clean Automotive, LLC, v. New Truck Alternative, LLC. (NFP)
29A02-1205-MI-414
Miscellaneous. Affirms the ruling that King of Clean’s mechanic’s liens were not valid and the grant of New Truck Alternative’s petition for replevin.
Erica Battle v. State of Indiana (NFP)
49A02-1211-CR-924
Criminal. Remands with instructions that the trial court vacate two of the three Class C forgery convictions and affirms in all other respects.
Christopher Baxter v. State of Indiana (NFP)
22A01-1210-CR-447
Criminal. Affirms murder conviction and reverses Baxter’s 55-year sentence and remands with instructions to sentence him under the correct statute.
Anthony Houston v. State of Indiana (NFP)
49A05-1208-PC-432
Post conviction. Affirms denial of petition for post-conviction relief.
In Re: The Marriage of: Caleb E. Campbell v. Anna P. Campbell (NFP)
71A03-1210-DR-420
Domestic relation. Reverses order that the paternal and maternal grandparents participate in family therapy and the court orders with respect to the division of the marital estate to the extent it failed to allocate Pell grants to Caleb Campbell. Remands for modification of the decree of dissolution consistent with this opinion and affirms in all other respects.
In Re: The Marriage of: Bernard Lee, Jr. v. Jackie Smith (NFP)
30A01-1208-DR-380
Domestic relation. Affirms the court’s custody determination for K.L., reverses the court’s order regarding property division and remands for further proceedings.
Bernard L. Strickland v. State of Indiana (NFP)
71A05-1301-CR-10
Criminal. Affirms convictions of Class C felony burglary and Class A misdemeanors resisting law enforcement and possession of paraphernalia and for being a habitual offender.
Daniel R. Fuquay, Sr. v. State of Indiana (NFP)
82A01-1208-CR-360
Criminal. Affirms denial of motion to correct erroneous sentence.
Christopher A. Fischer v. State of Indiana (NFP)
82A04-1207-CR-382
Criminal. Affirms convictions of Class C felony burglary and Class D felonies receiving stolen property and theft.
Wade R. Meisberger v. State of Indiana (NFP)
53A05-1208-CR-452
Criminal. Affirms revocation of suspended sentence.
Tyris D. Lapsley v. State of Indiana (NFP)
02A03-1211-CR-477
Criminal. Affirms sentence for Class D felony possession of marijuana and Class A misdemeanor operating a vehicle while intoxicated.
James H. Suttle, Jr. v. State of Indiana (NFP)
49A02-1211-PC-906
Post conviction. Affirms denial of petition for post-conviction relief.
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 June 19, 2013
Indiana Court of Appeals
Revas Spencer v. Tiffany Spencer
36A04-1211-PO-605
Protective order. Reverses denial of the agreed order dismissing an order of protection submitted by the Spencers to the trial court. Since the word “shall” appears in the statute regarding the trial court’s actions when the petitioner files for the dismissal of a protection order, the trial court didn’t have the discretion to deny the parties’ request to dismiss the protective order.
Lawsuit seeks impartial decision-maker in license plate dispute
The American Civil Liberties Union of Indiana has filed a lawsuit on behalf of the Indiana Youth Group challenging the authority of the state’s Bureau of Motor Vehicles to issue an order of remand on its administrative law judge’s order to restore the LGBT youth group’s specialty license plate.
Tax Court rejects company’s claim it was a passive investor
A mobile telecommunications group was unable to convince the Indiana Tax Court Tuesday that it was entitled to summary judgment on the issue of whether it should have received a refund for paid adjusted gross income tax.
Court upholds public intoxication conviction
A man who refused to leave the side of a friend’s mother after she was hit while crossing the street in Indianapolis had his conviction of Class B misdemeanor public intoxication upheld by the Indiana Court of Appeals Wednesday. The court found sufficient evidence to sustain the conviction.
Man’s claims that protective sweep, search are unconstitutional fail
A protective sweep and subsequent search of a house following the issuance of a search warrant were reasonable under the federal and state constitutions, the Indiana Court of Appeals ruled. The defendant argued that the scope of the sweep – which led to the discovery of drugs and paraphernalia – was impermissibly broad.
COA reverses denial of petition to dismiss protective order
A Jackson Superior Court erred in denying a couple’s request to dismiss a protective order the wife had taken out against her husband, the Indiana Court of Appeals ruled, because the statute contains the word “shall” regarding the court’s actions when one files for a dismissal of the protective order.
Indy attorney gets 6 years for estate theft
An Indianapolis attorney who faced felony charges for stealing more than $270,000 from an estate he managed pleaded guilty and was sentenced to six years, the Marion County Prosecutor’s Office announced Tuesday.
Opinions June 18, 2013 ILD
Indiana Court of Appeals
Dartanyan Porche v. State of Indiana (NFP)
79A04-1206-CR-328
Criminal. Affirms Porche’s conviction of felony murder and 55-year sentence.
Term. of the Parent-Child Rel. of J.F. and D.F. and S.K. v. Indiana Department of Child Services (NFP)
48A02-1211-JT-905
Juvenile termination. Affirms trial court’s judgment to terminate parental rights of S.K. and D.F.
Frank Tiller v. State of Indiana (NFP)
49A05-1211-CR-571
Criminal. Affirms Tiller’s conviction of felony murder following a jury trial. The court ruled that given the blood stain evidence and the close proximity in time and location that Tiller was to the victim, a reasonable trier of fact could conclude Tiller was guilty beyond a reasonable doubt.
Thomas A. Dexter v. State of Indiana (NFP)
79A05-1210-PC-557
Post conviction. Affirms the denial of Dexter’s petition for post-conviction relief.
Lake Shore Estates MHC, LLC. v. Michael H. Lane, Et Al. (NFP)
71A05-1210-PL-512
Civil plenary. Affirms grant of summary judgment in favor of the government defendants and the collection agent.
Charles C. Hitt v. State of Indiana (NFP)
42A04-1210-CR-508
Criminal. Affirms denial of Hitt’s motion to withdraw his guilty plea to a Class B felony conspiracy to commit dealing in methamphetamine. The court ruled Hitt did not show that the trial court abused its discretion by denying his request to withdraw his plea.
David Lautenschlager v. State of Indiana (NFP)
49A04-1211-PC-653
Post conviction. Affirms denial of Lautenschlager’s petition for post-conviction relief.
Term. of Parent-Child Rel. of C.M. and M.M.; R.M. and Indiana Department of Child Services, Annette Marion and Kenneth Marion (NFP)
02A04-1209-JC-468
Juvenile. Affirms the trial court’s order or judgment of the court awarding custody of C.M. and M.M. to their grandparents, K.M. and A.M.
Term. of the Parent-Child Rel. of J.C. and R.C. and S.C. and R.C. Sr., S.C. & R.C. Sr. v. Indiana Department of Child Services (NFP)
71A03-1211-JT-501
Juvenile termination. Affirms court’s order to terminate parental rights to J.C. and R.C., Jr.
The Indiana Tax Court issued no opinions prior to IL deadline.
Opinions June 18, 2013
7th Circuit Court of Appeals
Robert Yeftich, et al. v. Navistar Inc. and Indianapolis Casting Corp.
12-2964
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Affirms dismissal of complaint filed by group of unionized workers alleging breach of collective-bargaining agreement under Section 301 of the Labor Management Relations Act. The complaint lacked enough factual content to plead a plausible claim for breach of the duty of fair representation, which is required to pursue this litigation.
Although Miranda rights were violated, physical evidence still admissible
Although a man’s incriminating statements made while sitting in a police car should have been suppressed, the Indiana Court of Appeals ruled the error was harmless because the physical evidence seized was sufficient to sustain his convictions.
Dismissal of Navistar workers’ complaint upheld by 7th Circuit
A group of unionized workers laid off by an Indianapolis engine plant who brought an action for breach of the collective-bargaining agreement didn’t provide enough factual content in their complaint to allow it to proceed in court, the 7th Circuit Court of Appeals ruled Tuesday.
Court can’t modify mortgage without both parties’ consent
A trial court doesn’t have the authority to modify a mortgage agreement without the consent of both parties participating in a settlement conference if they don’t agree to the terms of a foreclosure prevention agreement, the Indiana Court of Appeals ruled.
Trial court errs in granting motion regarding doctors’ contract dispute
The Indiana Court of Appeals has found that a cardiologist’s breach of contract complaint may have been “unartfully drafted,” but it still adequately stated a claim for tortious interference with a contract.
IndyBar: The Appellate Courts Demystified
For some trial attorneys, the courtroom becomes like a second home.
IndyBar Interrogatories – Matthew Butterick
He is a graduate of Harvard University and the University of California Los Angeles School of Law. He is an attorney. He is the typeface designer behind Equity, a font for lawyers. And he is the author of “Typography for Lawyers.” He is Matthew Butterick, and he has been served with interrogatories.