Supreme Court vacates transfer in bond case
The Indiana Supreme Court issued an order Monday vacating transfer to a case it accepted in October.
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Defense attorneys in Bales case trash former co-defendant
Indianapolis attorney and developer Paul J. Page is no longer a co-defendant in the fraud trial of real estate broker John M. Bales and a partner after agreeing to a plea deal, but you wouldn't know it from the action Tuesday in the U.S. District Court for the Northern District of Indiana.
Justices accept, rule on 1 case on transfer
The Indiana Supreme Court took just one case last week and issued its decision on the matter the same day.
Senate panel advances DCS oversight measure
A proposed commission that grew from a study committee examining problems at the Department of Child Services cleared the Senate Judiciary Committee Wednesday.
Indiana authors 2 amicus briefs in same-sex cases before SCOTUS
The issue of same-sex marriage is before the Supreme Court of the United States, and Indiana has authored one amicus brief and co-authored another arguing that the states should be able to define marriage.
Student kicked out of IU medical school loses on breach of contract claim
An Ohio man who was in his third year at Indiana University School of Medicine when he was dismissed for allegedly cheating couldn’t convince the Indiana Court of Appeals to overturn summary judgment for the school on his breach of contract claim.
Setting it straight
The Jan. 25 and Jan. 29 issues of IL daily reported that John Maciejczyk interviewed for the St. Joseph Superior Court vacancy and Andrew Straw had to cancel his interview. Maciejczyk did not interview and had to withdraw his application, and Straw did interview.
Bales defense: Elkhart deal was a ‘scheme to help’
Facing a looming deadline to find suitable office space for the state Department of Child Services and the prospect that abused or neglected children in Elkhart County could go without services, real estate broker John M. Bales and partner Bill Spencer in 2008 dipped into their own pockets to help close a difficult lease deal, their defense attorneys contend.
Opinions Jan. 29, 2013 ILD
Indiana Court of Appeals
Kelly Coots v. State of Indiana (NFP)
15A05-1203-CR-155
Criminal. Affirms sentence of a maximum of three years in prison on a conviction of Class D felony theft.
Jeffrey A. Booth v. State of Indiana (NFP)
84A01-1203-CR-118
Criminal. Affirms conviction of Class B felony dealing in methamphetamine and Class D felony possession of methamphetamime.
Rudy J. Smith v. State of Indiana (NFP)
53A04-1202-PC-280
Post conviction. Affirms denial of post-conviction relief.
Clarence Johnson v. Juana Johnson (NFP)
45A03-1202-DR-94
Domestic relations/dissolution. Affirms judgment of trial court in all respects.
Madelyn Smith v. State of Indiana (NFP)
49A02-1205-CR-408
Criminal. Affirms 10-year executed sentence for convictions of Class B felony neglect of a dependent, two counts of Class B felony battery, and three counts of Class D felony battery.
In Re: The Paternity of K.G.; J.G. and S.S. and A.S. (NFP)
49A05-1206-JP-307
Juvenile. Affirms trial court order awarding mother S.S. custody of daughter K.G.
Accessabilities, Inc. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1207-EX-551
Executive administration/worker’s compensation. Affirms Department of Workforce Development Review Board decision that an employee was not discharged for just cause.
Denise Polak and Dianne Rose and Dianne Rose, Lake County Trust Co., as Trustee for Trust #6041, and Jeanne Collins Living Trust, Dianne Rose, Trustee v. Tiffiny Jordan (NFP)
64A05-1205-PL-284
Civil plenary. Reverses trial court ruling joining Polak as a party to a suit filed by Jordan.
Ray Ortega v. Susko Corp., Inc., d/b/a Our Place (NFP)
45A03-1205-CT-219
Civil tort. Affirms trial court grant of judgment on the evidence in favor of Susko.
Lanard E. Foster v. State of Indiana (NFP)
02A04-1207-CR-390
Criminal. Affirms concurrent three-year sentences for convictions of Class D felony domestic battery in the presence of a child under age 16 and Class D felony domestic battery with a prior domestic battery conviction.
Indiana Supreme Court and Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Jan. 29, 2013
Indiana Court of Appeals
John Alden v. State of Indiana
30A01-1209-CR-412
Criminal. Affirmed trial court’s denial of petition to reduce Alden’s Class D felony conviction for operating while intoxicated to a Class A misdemeanor. In a review of the state statute covering the sentencing range for Class D felonies, the COA found the statute contained the word “may” instead of “shall” which gives the courts the freedom to deny petitions.
Lawmakers amend bill to restrict sex offenders’ access to social media
In response to a ruling by the 7th Circuit Court of Appeals, two Indiana lawmakers have introduced a proposal restricting sex offenders from using social media sites.
Statute’s language gives courts discretion when reviewing petitions to reduce Class D felony to a misdemeanor
A Hancock County man will not have his felony conviction reduced to a misdemeanor after the Indiana Court of Appeals ruled the state statute gives the courts the freedom to decide whether to grant or deny a petition.
COA reversal of truck forfeiture allows movie fan to drive off into the sunset
In a reversal of a trial court’s ruling, the Indiana Court of Appeals held that a man who pleaded guilty to selling pirated movies should not have had his truck taken by the state because violating copyright is not the same as stealing goods
Finalists selected for St. Joseph Court
Two attorneys in private practice and three public servants are finalists for an upcoming vacancy in St. Joseph Superior Court.
Judges’ ruling in email records case defers to public access counselor
A request for the email records of public officials that simply asks for emails to or from officials over a certain period of time doesn’t satisfy the Access to Public Records Act, a panel of the Indiana Court of Appeals ruled Tuesday.
IBA: Volunteer to Take a Family Law or Minor Guardianship Pro Bono Case
The day has arrived when local legal service providers and the bar are coordinating efforts to provide pro bono help in family law cases, and we’re ready for your help.
Blomquist: The IndyBar’s Attorney Apprentice Program
You have no doubt heard or read about it before—times are a changing and there is a lot of dialogue out there right now about the face of legal education in America, the uncertain economics of the practice of law, and how one affects the other.