Discussion to look at religious liberties
Happy Holidays or Merry Christmas? The ACLU of Indiana is taking a look at the battle over religious liberties at its December First Wednesdays brown bag discussion.
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COA divided over dismissing fired HR director’s complaint
The Indiana Court of Appeals was split over whether Delaware County commissioners could terminate the contract of the Board of Commissioners’ human resources director after two new members were elected to the board.
Judges uphold 10-year suspension of driver’s license
A Porter County man who fought the Bureau of Motor Vehicles' decision to suspend his license for being a habitual traffic violator lost his case before the Indiana Court of Appeals.
Opinions Nov. 28, 2012 ILD
For-publication decisions by the Indiana Court of Appeals are detailed in the stories above. The following is the not-for-publication decision released by the court. The 7th Circuit Court of Appeals, Indiana Supreme Court and Tax Court posted no opinions by IL deadline.
Indiana Court of Appeals
In Re the Paternity of C.W.R.; C.W. v. F.R. (NFP)
31A04-1206-JP-311
Juvenile. Affirms denial of mother’s request for a change in custody.
Opinions Nov. 28, 2012
Indiana Court of Appeals
Richard Thomas v. Indiana Bureau of Motor Vehicles
64A03-1204-PL-191
Civil plenary. Affirms suspension of Thomas’ driving privileges for 10 years due to qualifying as a habitual traffic violator. The BMV timely notified Thomas that he qualified as a habitual traffic violator and the doctrine of laches is not applicable to the instant matter.
Volunteers needed for ISBA’s ‘Talk to a Lawyer Today’ program
The Indiana State Bar Association is seeking lawyers for its annual volunteer event on Martin Luther King Jr. Day, “Talk to a Lawyer Today.” Approximately 200 members of the ISBA will offer brief, free legal consultations to the public.
Opinions Nov. 27, 2012 ILD
Below are the not-for-publication decisions released by the Indiana Court of Appeals. A for-publication decision is detailed in a story above. The 7th Circuit Court of Appeals, Indiana Supreme Court and Tax Court released no opinions by IL deadline.
Indiana Court of Appeals
Nicole Means v. State of Indiana (NFP)
49A02-1205-CR-391
Criminal. Affirms conviction and sentence for Class B felony aggravated battery.
Monica Oevermeyer v. Dennis Steinbis (NFP)
78A01-1204-DR-187
Domestic relation. Reverses finding Overmeyer in contempt as requested by her ex-husband.
Dennis Mikel v. State of Indiana (NFP)
52A02-1205-SC-428
Small claim. Affirms damage award for Mikel’s television in Mikel’s action against the Miami Correctional facility and the superintendent of the facility.
Opinions Nov. 27, 2012
Indiana Court of Appeals
Kirstan Haub, d/b/a American Handyman Service v. Jenny Eldridge
10A01-1203-PL-107
Civil plenary. Reverses denial of Haub’s motion for summary judgment against Eldridge. The trial court erred in considering parol evidence, and the release unambiguously releases Haub from any and all claims that Eldridge may have had against him on or before Oct. 8, 2010. Orders trial court to enter summary judgment in favor of Haub.
COA rules in favor of remodeler on unhappy client’s claim
Finding the Clark Circuit Court erred in considering parol evidence when denying a remodeler’s motion for summary judgment, the Indiana Court of Appeals found the lower court should grant his motion on a lawsuit brought by a client for negligently performing work on her home.
DCS settles final issue stemming from 2009 suit over rate cuts
The Indiana Department of Child Services announced Tuesday that is has reached a legal settlement with IARCCA, an Association of Children & Family Services, over rates paid to cover additional staffing costs and cost-of-living expenses to residential facilities and foster care agencies that serve abused and neglected children.
Durham asks court for 5-year sentence
Convicted Ponzi schemer Tim Durham is requesting a much shorter prison stay than the life sentence federal prosecutors want him to serve.
Justices to decide if tax sale notice statute unconstitutional
The Indiana Supreme Court granted transfer to just one case last week, taking a Bartholomew County ruling involving a tax sale. The Indiana Court of Appeals in July held that Indiana Code 6.1-1-24-3(b) violates the 14th Amendment guarantee of due process.
Governor appoints Rush’s trial court replacement
Gov. Mitch Daniels announced Monday that he has selected Faith Graham to sit as judge of Tippecanoe Superior Court III. She succeeds Loretta Rush, who was appointed to the Indiana Supreme Court in September and joined the high court this month.
Practicing Law in Indiana: Intellectual Property Nov. 30
Indiana Lawyer is sponsoring a CLE on intellectual property law titled “Hits, Clicks, Links and Posts” on Nov. 30 in Indianapolis. David Wong and Brian McGinnis of Barnes & Thornburg will present. McGinnis will address online marketing and the sale of counterfeit goods. Wong will speak on issues related to social media, online advertising, IP infringement, privacy and defamation.
Registration begins at 11:30 a.m. The program is from noon to 2:15 p.m. at the Barnes & Thornburg Auditorium in Indianapolis. The cost is $79 and includes a box lunch. Two hours of CLE credit is available. Visit Indiana Lawyer's events page to register online or to download a printable registration form. For questions or more information, contact Karen Aruta at 317-472-5201 or [email protected].
Opinions Nov. 26, 2012 ILD
The 7th Circuit Court of Appeals and the Indiana appellate courts released no for-publication decisions by IL deadline. Below are the not-for-publication decisions released by the Indiana Court of Appeals.
Indiana Court of Appeals
Term. of the Parent-Child Rel. of B.W. and C.W. (Minor Children); J.W. (Mother) B.W. (Father) v. Indiana Dept. of Child Services (NFP)
33A04-1206-JT-289
Juvenile. Affirms termination of parental rights.
In Re the Paternity of G.J.C. and C.E.C.; J.T. v. N.R. and R.C. (NFP)
45A05-1205-JP-250
Juvenile. Reverses grant of mother’s motion for judgment on the evidence regarding paternity and remands for further proceedings.
Kellylee Sexton v. State of Indiana (NFP)
46A05-1204-CR-204
Criminal. Affirms conviction and sentence for Class B felony dealing in a controlled substance.
Kendrick Alexander v. State of Indiana (NFP)
02A03-1205-CR-213
Criminal. Affirms revocation of probation.
N.L. v. State of Indiana (NFP)
47A01-1205-JV-245
Juvenile. Affirms order juvenile N.L. register as a sex offender.
Todd Shireman v. Todd Hensley and Jerry McKay d/b/a H&M Cattle Company (NFP)
29A04-1201-PL-40
Civil plenary. Affirms denial of Shireman’s request for attorney fees under the general recovery statute and the grant of attorney fees to Shireman as a sanction for discovery violations.
Terry Wade v. State of Indiana (NFP)
36A01-1203-CR-85
Criminal. Affirms denial of motion to suppress evidence obtained as the result of a warrantless entry into Wade’s home.
Jonathan E. Perdew v. State of Indiana (NFP)
32A01-1112-CR-587
Criminal. Affirms Perdew’s convictions and aggregate eight-year sentence executed and eight years suspended for two counts of Class C felony child molesting, bur reverses a restitution order. Remands with instructions to modify the order to reflect the amount of restitution supported by the evidence.
Jack Marshall v. Beth Marshall (NFP)
27A05-1201-DR-52
Domestic relation. Affirms modification of Jack Marshall’s child support obligation and the treatment of extracurricular and extraordinary educational expenses, as well as the award of attorney fees to Beth Marshall.
J.P. v. State of Indiana (NFP)
49A02-1205-JV-360
Juvenile. Reverses true finding of delinquency for resisting law enforcement.
Albert Van Meter and Krissy Van Meter v. United States Steel Corporation (NFP)
45A03-1204-CT-156
Civil tort. Affirms summary judgment to U.S. Steel regarding its duty to Albert Van Meter under premises liability principles. Reverses in part the grant of summary judgment because genuine issues of material fact exist as to whether U.S. Steel assumed a liability to Van Meter and regarding breach and proximate cause. Remands for further proceedings.
Oluwasanmi Animashaun v. State of Indiana (NFP)
49A02-1203-CR-248
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.
Opinions Nov. 26, 2012
Indiana Court of Appeals
Term. of the Parent-Child Rel. of B.W. and C.W. (Minor Children); J.W. (Mother) B.W. (Father) v. Indiana Dept. of Child Services (NFP)
33A04-1206-JT-289
Juvenile. Affirms termination of parental rights.
Chapter 11 filing fee increases
The filing fee for a Chapter 11 case in the United States Bankruptcy Court in Indiana is now $1,213. The fee change went into effect Nov. 21.
Seegers Lecture to look at ‘legal realisms’
University of Chicago Law School professor Brian Leiter will deliver this year’s Seegers Lecture on Jurisprudence Thursday at Valparaiso University Law School. His topic is “Legal Realisms, Old and New.”
DCS study committee to hold last meeting Tuesday
The Department of Child Services Interim Study Committee will meet for the last time Tuesday in the Indiana Government Center to consider bill drafts, a final report and “other business,” according to the committee agenda.
Justices hear arguments in Ball State case
In a case that hinges on the definition of “supervisor,” the United States Supreme Court heard arguments Monday morning in a lawsuit filed by a Ball State University employee.