Foreclosures surge as process slows
Indiana had one of the sharpest increases in foreclosure filings in July, according to RealtyTrac, which said they rose 83 percent compared with the prior month.
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LSA leaves opinions at the door
In a world of partisan wrangling, the Legislative Services Agency has “jealously guarded” its nonpartisan nature.
Dean’s Desk: Law students benefit from alumni’s professional experience
One of the benefits of writing this column is that it gives me time to reflect on aspects of Notre Dame Law School that are known and appreciated in South Bend and among our graduates, but are perhaps not as well known to the Indiana bench and bar.
Attorneys seek to help homeless veterans
Legal issues are often obstacles in veterans finding permanent housing.
Conour’s colleagues questioned behavior
William Conour, until recently, was one of Indiana’s most respected and powerful personal injury attorneys, his name prominent enough to grace a law school atrium. Now he faces a federal charge that could send him to prison for much of the rest of his life.
Lawsuits test gun restrictions at polling places, local regulations
Can you carry a gun to the ballot box? With a few narrow exceptions, the answer appears to be yes. A lawsuit filed last month in St. Joseph Superior Court could clarify further whether a 2011 law that voids local firearm regulations would make efforts to keep guns out of voting precincts illegal.
Sex offender registry listings subject of court appeals
The 7th Circuit Court of Appeals says DOC must fix errors; The Indiana Court of Appeals recently heard an ex post facto claim.
CCEC Work Group proposes sweeping revision to the Indiana Criminal Code
The Indiana General Assembly’s Criminal Code Evaluation Commission has started another round of hearings to collect data and recommendations for revising the state’s criminal statutes. A key element of this review will be an extensive study of significant sections of Title 35 by the CCEC Work Group.
Indiana pension fund attorneys to serve as lead co-counsel in Wal-Mart bribery suit
The Indiana Electrical Workers Pension Trust Fund has been named as co-lead plaintiff in a lawsuit against the board of directors of retail giant Wal-Mart.>
Sept. 11, State Fair compensation expert Feinberg to speak
Attorney and victim compensation expert Kenneth Feinberg will speak Tuesday at the Indiana University Robert H. McKinney School of Law in Indianapolis about efforts to compensate victims of the Indiana State Fair stage collapse that included an unsuccessful settlement offer.
Justices deny transfer on 13 cases
The Indiana Supreme Court added no cases to its docket, according to the report on transfer action for the week ending Sept. 7.
In reversal, tax court says estate not entitled to interest on refund, judgment
The estate of a Lowell chef and food production expert is not entitled to interest on a refund or judgment interest that the Lake County probate court awarded, the Indiana Tax Court ruled Friday.
Opinions Sept. 7, 2012 ILD
Indiana Court of Appeals
Timothy A. Bolin v. State of Indiana (NFP)
63A01-1202-CR-89
Criminal. Affirms order modifying sentence after a conviction of Class B felony conspiracy to manufacture methamphetamine and guilty plea to Class B felony manufacturing methamphetamine.
Dwayne Rhoiney v. State of Indiana (NFP)
49A02-1107-CR-650
Criminal/rehearing. Reaffirms original opinion upholding trial court sentence for murder, criminal confinement and carrying a handgun without a license.
Damionne M. Nichols v. State of Indiana (NFP)
02A04-1203-CR-133
Criminal. Affirms conviction and sentence for unlawful possession of a firearm by a serious violent felon, a Class B felony.
Janella Datcher v. State of Indiana (NFP)
82A01-1111-CR-506
Criminal. Affirms convictions and 35-year sentence for Class A felony child molesting and two counts of Class D felony battery.
Terrance Mitchem v. State of Indiana (NFP)
71A03-1110-PC-497
Post-conviction. Affirms denial of post-conviction relief for murder, attempted murder, three counts of attempted murder, two counts of rape and one count of criminal deviate conduct.
Lance Scott Boutte v. State of Indiana (NFP)
02A05-1202-CR-91
Criminal. Affirms trial court denial of petition to file a belated notice of appeal.
Curtis B. Lay v. State of Indiana (NFP)
18A02-1111-CR-1074
Criminal. Affirms conviction of Class A felony dealing in a schedule III controlled substance.
T.A.B. v. State of Indiana (NFP)
57A03-1204-JV-154
Criminal. Affirms juvenile court order placing T.A.B. in Indiana Boys School.
Indiana Supreme Court posted no opinions at IL deadline.
7th Circuit rejects disability appeal
An Indiana man lost his appeal of denial of Social Security disability benefits Friday at the 7th Circuit Court of Appeals.
Opinions Sept. 7, 2012
7th Circuit Court of Appeals
Robert S. Filus v. Michael J. Astrue, Commissioner of Social Security
No. 12-1164
U.S. District Court, Northern District of Indiana, Fort Wayne Division. Magistrate Judge Roger B. Cosbey.
Civil/Social Security. Affirms denial of disability benefits, holding that substantial evidence supports the decision of the administrative law judge.
Sunburned man gets no relief
The Indiana Court of Appeals has ruled that a badly sunburned patient failed to meet the burden of res ipsa loquitur in a medical malpractice lawsuit against his dermatologist.
Justice finalists to students: Be careful on Facebook
The three finalists to be the next justice on the Indiana Supreme Court offered advice to aspiring attorneys Thursday that included a caution about what they post on their Facebook pages and social networks.
Father’s consent not necessary for adoption to proceed
Adoptive parents did not have to get the biological father’s consent to adopt his minor child, the Indiana Court of Appeals has ruled.
Opinions Sept. 6, 2012 ILD
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Deon Liggans v. State of Indiana (NFP)
49A04-1111-CR-616
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Arlandas A. Anderson v. State of Indiana (NFP)
92A05-1202-CR-72
Criminal. Affirms sentence for Class C felony nonsupport of a dependent child.
Maury Dusendschon v. Review Board of the Indiana Dept. of Workforce Development and TALX UC Express (NFP)
93A02-1104-EX-525
Agency action. Affirms denial of request for unemployment insurance benefits.
Timothy L. Barnes v. State of Indiana (NFP)
10A01-1201-CR-27
Criminal. Affirms sentence for Class B felony rape.
Reginold Knox v. State of Indiana (NFP)
35A05-1201-CR-32
Criminal. Affirms sentence for Class D felony possession of marijuana.
Tami L. Duvall v. State of Indiana (NFP)
03A04-1108-CR-447
Criminal. Affirms murder conviction, but reverses and remands with instructions to vacate five of her six convictions of insurance fraud as Class C felonies and two of her three convictions of Class D felony obstruction of justice.
Opinions Sept. 6, 2012
7th Circuit Court of Appeals
Home Federal Savings Bank v. Ticor Title Insurance Co.
11-3446
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Reverses summary judgment for Ticor Title Insurance on Home Federal Savings Bank’s attempt to have the title insurance company defend the bank on a counterclaim filed by a general contractor to recover on a mechanic’s lien. The undisputed facts show that the title insurer breached its duty to defend the bank on the claim that the mechanic’s lien had priority over or parity with the mortgage, which the bank was foreclosing. Remands for proceedings on the issue of damages.