Human trafficking bill goes to full Senate
A bill to strengthen the state’s human trafficking law – which was passed last year in anticipation of Indianapolis hosting the Super Bowl, has made it out of committee.
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COA: Parties must arbitrate dispute over insurance coverage
The Indiana Court of Appeals found a trial court erred when it failed to enforce an arbitration provision of an insurance policy issued by Pekin Insurance Co. and ordered a couple’s lawsuit against their insurer stayed until arbitration is complete.
Federal court to stage Underground Railroad event for Black History month
The U.S. District Court for the Southern District of Indiana will celebrate Black History Month with the presentation “Escape of Caroline,” based on a true story of the Underground Railroad.
Marsh: Company code of conduct didn’t apply to him
Don Marsh continued to use the company jet for personal reasons even after Marsh Supermarkets Inc. adopted a code of conduct to discourage financial fraud within the company, a lawyer for the supermarket chain alleged Wednesday morning in an Indianapolis courtroom.
Defense rests in Bales trial after flurry of witnesses
Closing arguments are expected to begin Wednesday afternoon in the federal fraud trial of Indianapolis real estate broker John M. Bales and partner William E. Spencer after the defense raced through seven witnesses Tuesday and early Wednesday.
Opinions Feb. 5, 2013 ILD
Indiana Court of Appeals
Term. of the Parent-Child Rel. of D.B., Minor Child, and His Mother, J.B.: J.B. v. Indiana Dept. of Child Services (NFP)
87A01-1207-JT-336
Juvenile. Affirms termination of parental rights.
Donald Tatum v. State of Indiana (NFP)
49A04-1206-PC-331
Post conviction. Affirms denial of petition for post-conviction relief.
Eddie Rogers v. State of Indiana (NFP)
02A05-1206-CR-331
Criminal. Affirms revocation of probation.
Alfredo Lopez v. State of Indiana (NFP)
49A05-1207-CR-346
Criminal. Affirms conviction of Class D felony domestic battery.
Joshua W. Joyner v. State of Indiana (NFP)
49A02-1208-CR-618
Criminal. Affirms conviction of Class D felony theft.
Jereamy M. Barnes v. State of Indiana (NFP)
18A05-1204-CR-209
Criminal. Affirms convictions of two counts of Class A felony child molesting.
Shabbir Hussain v. Syed Ali (NFP)
85A02-1208-MF-629
Mortgage foreclosure. Affirms denial of Hussain’s petition to execute and deliver sheriff’s deed and grant of a similar competing petition filed by Ali.
Term. of the Parent-Child Rel. of L.R., Minor Child, and Her Father, R.R.: R.R. v. Indiana Dept. of Child Services (NFP)
76A03-1206-JT-286
Juvenile. Affirms termination of parental rights.
Term. of the Parent-Child Rel. of: M.A.P. (Minor Child) and M.L.P. (Father) v. Indiana Dept. of Child Services, Allen County Office (NFP)
02A03-1206-JT-254
Juvenile. Affirms termination of parental rights.
The 7th Circuit Court of Appeals posted no Indiana decisions at IL deadline. The Indiana Supreme Court and Court of Appeals posted no decisions by IL deadline.
Opinions Feb. 5, 2013
Indiana Court of Appeals
Ignacio Perez v. State of Indiana
20A03-1206-CR-247
Criminal. Affirms denial of motion to suppress. Finds the detention, arrest and search incident to the arrest were reasonable and did not violate Perez’s right to be free from unreasonable search and seizure under the Fourth Amendment. The dog sniff outside his residence was reasonable and there was no violation of his rights under the Indiana Constitution. Remands for retrial.
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.
Constitutional amendment on right to hunt, fish out of committee
A proposal to add the right of Hoosiers to hunt and fish to the Indiana Constitution passed unanimously out of the Senate Committee on Agriculture and Natural Resources Monday.
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.
Eliminating judges’ mandatory retirement to get hearing
A bill to eliminate mandatory retirement at age 75 for Indiana Supreme Court justices and Court of Appeals judges will be heard in the Senate Judiciary Committee on Wednesday.
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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.