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.
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.
[Article Headline]
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 […]
Judges uphold sentence, but revise original opinion
The Indiana Court of Appeals granted a defendant and the state’s petitions for rehearing a case involving a plea agreement in order to correct a misstatement of the law.
7th Circuit reverses dismissal of prisoner’s suit
A lawsuit filed by a prisoner at the Pendleton Correctional Facility against two prison doctors and a nurse after he learned he had prostate cancer is allowed to continue after the 7th Circuit Court of Appeals reversed the dismissal of his suit.
Right to hunt amendment hearing Monday
The Senate Agriculture and Natural Resources Committee will hear Senate Joint Resolution 7 Monday, which looks to add to the Indiana Constitution the right to hunt and fish.
House Judiciary Committee to look at foreclosure fee, privacy issues
At Monday’s House Judiciary Committee, members will discuss three bills, including one that requires a court clerk to collect a $50 mortgage foreclosure counseling and education fee in certain cases.
Opinions Jan. 31, 2013 ILD
Indiana Court of Appeals
Reuban L. Strong, Jr. v. State of Indiana (NFP)
84A01-1205-CR-235
Criminal. Affirms revocation of placement in work release.
Joseph J. Rheubottom, Jr. v. State of Indiana (NFP)
84A01-1205-CR-244
Criminal. Affirms sentence following guilty plea of Class B felony neglect of a dependent.
Bernard Carter, Prosecuting Attorney, Lake County, John Buncich, Sheriff of Lake County, and Indiana Dept. of Correction v. Tim J. Hurd (NFP)
45A04-1206-PL-302
Civil plenary. Affirms grant of injunction enjoining the Department of Correction, Lake County sheriff and Lake County prosecutor from requiring Hurd to continue registering as a sex offender.
Schwala M. Royal v. State of Indiana (NFP)
02A03-1206-CR-292
Criminal. Affirms conviction and sentence for Class D felony prostitution as well as revocation of probation.
In Re the Termination of the Parent-Child Rel. of N.W. and D.W. v. Indiana Department of Child Services (NFP)
49A02-1206-JT-480
Juvenile. Affirms involuntary termination of parental rights.
Marvin Willis v. State of Indiana (NFP)
82A01-1206-CR-273
Criminal. Affirms two convictions of Class A misdemeanor driving while suspended.
Steve Pigg v. State of Indiana (NFP)
52A05-1205-CR-318
Criminal. Affirms denial of motion to correct erroneous sentence.
Michael A. O'Brien v. State of Indiana (NFP)
65A01-1205-CR-220
Criminal. Affirms conviction of Class B felony attempted rape.
Brian Buffington v. State of Indiana (NFP)
45A05-1206-CR-297
Criminal. Affirms conviction of Class A felony robbery.
In Re the Involuntary Termination of the Parent-Child Rel. of S.F.; C.P. v. The Indiana Dept. of Child Services (NFP)
02A03-1206-JT-275
Juvenile. Affirms involuntary termination of parental rights.
Edmond MIller v. State of Indiana (NFP)
49A02-1108-CR-721
Criminal. Reverses conviction of Class B misdemeanor disorderly conduct.
Joey Saylor v. State of Indiana (NFP)
58A01-1206-CR-269
Criminal. Affirms order revoking probation and order that Saylor serve remaining two years of previously suspended sentence.
Richard Keith Lazur v. State of Indiana (NFP)
45A04-1207-CR-358
Criminal. Affirms conviction of Class D felony attempted residential entry.
Jovan Fitzhugh v. State of Indiana (NFP)
02A03-1206-CR-255
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor and orders the trial court to vacate the Class C felony sexual misconduct with a minor conviction.
Melvin Sanders v. State of Indiana (NFP)
02A03-1206-CR-262
Criminal. Affirms 60-year sentence for murder.
Dustin L. Grissom v. State of Indiana (NFP)
11A01-1207-CR-301
Criminal. Affirms sentence for Class C felony battery resulting in bodily injury to a pregnant woman and three counts of Class A misdemeanor domestic battery.
Darrol Fox v. State of Indiana (NFP)
49A02-1206-CR-475
Criminal. Affirms denial of motion to suppress evidence.
Keith A. Harlow v. State of Indiana (NFP)
06A01-1206-PC-296
Post conviction. Affirms denial of petition for post-conviction relief.
Torrey Pargo v. State of Indiana (NFP)
49A05-1207-CR-351
Criminal. Affirms sentence for Class D felony intimidation.
Toby Webster v. State of Indiana (NFP)
49A02-1206-CR-522
Criminal. Affirms conviction of Class D felony attempted auto theft and adjudication as a habitual offender.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of V.M. and M.A. v. Indiana Department of Child Services (NFP)
45A03-1205-JT-221
Juvenile. Affirms termination of parental rights.
French Tibbs v. State of Indiana (NFP)
49A02-1205-CR-438
Criminal. Affirms convictions of Class A misdemeanors resisting law enforcement and possession of marijuana.
The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline. The Indiana Supreme Court and Tax Court did not post any decisions by IL deadline.