On the Move – 7/6/12
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Indiana Court Decisions – June 14 – 27, 2012
7th Circuit Court of Appeals June 18 Civil –Sherman Act/NCAA Joseph Agnew, et al. v. NCAA 11-3066 The 7th Circuit Court of Appeals affirmed a District Court’s dismissal of a lawsuit two former college athletes brought against the National Collegiate Athletic Association. The men, Joseph Agnew and Patrick Courtney, both received one-year scholarships to play […]
Attorney fees eat up most of recovered Fair Finance funds
A New York firm is contacting Fair Finance Co. investors seeking to purchase their bankruptcy claims – a sign that investors in the defunct business could secure a sizable recovery.
Indiana’s immigration law reeling
Attorneys say the U.S. Supreme Court ruling in Arizona case likely dooms parts of Indiana’s law.
Lawyers relax and find camaraderie in softball league of their own
The Lawyer League softball is an annual summertime league in Indianapolis that’s been around for more than 30 years.
Supreme Court grants transfer in 2 cases
The Indiana Supreme Court will hear two cases presented for consideration last week, and justices denied transfer for 20 other cases.
IL Opinions July 2, 2012 ILD
The 7th Circuit Court of Appeals released no Indiana opinions prior to IL deadline.
The Indiana Supreme Court, Court of Appeals or Tax Court released no opinions prior to IL deadline.
Opinions July 2, 2012
Indiana Supreme Court
Annette (Oliver) Hirsch v. Roger Lee Oliver
29S02-1109-DR-530
Domestic relations/emancipation. Affirms the trial court ruling that father Roger Lee Oliver is not obligated to contribute to his daughter’s post-secondary expenses and remands to the trial court to determine the correct date of the daughter’s emancipation.
New Indiana laws now in effect
Click here to view a complete list of new laws enacted during the 2012 legislative session that took effect July 1.
7th Circuit receives 52 applications for bankruptcy judgeships
The Judicial Council of the 7th Circuit Court of Appeals received 52 applications from people interested in filling two upcoming bankruptcy court vacancies on the U.S. District Court for the Southern District of Indiana. The court previously announced that Judges Anthony Metz III and Frank J. Otte will retire this year.
Conour resigns from Indiana bar
William Conour, the Indianapolis attorney accused of taking $2.5 million from clients, has resigned from the Indiana bar.
Supreme Court emancipation, support ruling draws sharp dissent
A 3-2 Indiana Supreme Court decision in a case involving a child’s emancipation and a father’s contribution toward her education resulted in a tough dissent from two veteran justices.
22 seek Sullivan’s spot on Supreme Court
The Indiana Judicial Nominating Commission received 22 applications from attorneys and judges interested in becoming the state’s next Supreme Court justice.
Attorney’s home searched after his shooting in state park
Indiana conservation officers investigating a Spencer attorney’s shooting this week at a southern Indiana state park also have searched his home as part of the investigation.
Opinions June 29, 2012 ILD
Indiana Court of Appeals
Jennifer A. Kreegar v. Fifth Third Mortgage Company (NFP)
34A02-1110-MF-940
Mortgage foreclosure. Affirms denial of motion to correct errors and summary judgment ruling in favor of Fifth Third Mortgage Co.
Jack Haut v. State of Indiana (NFP)
75A05-1109-CR-512
Criminal. Affirms conviction of Class C felony reckless homicide.
John Hollins v. State of Indiana (NFP)
49A04-1109-PC-553
Post conviction. Affirms denial of petition for post-conviction relief.
Louis Board v. State of Indiana (NFP)
49A04-1111-CR-581
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
Michael W. Pine, Jr. v. State of Indiana (NFP)
84A01-1111-CR-588
Criminal. Affirms sentence for dealing in methamphetamine as a Class B felony and three counts of Class C felony neglect of a dependent.
Reuben Garcia v. State of Indiana (NFP)
12A05-1112-CR-646
Criminal. Affirms sentence following guilty plea to Class C felony dealing in marijuana.
Harold L. Tice, Jr. v. State of Indiana (NFP)
15A04-1110-PC-631
Post conviction. Affirms denial of petition for post-conviction relief.
Joseph A. Taylor v. Sgt. Rinehart (NFP)
48A02-1110-PL-993
Civil plenary. Affirms dismissal of complaint alleging the Pendleton Correction Facility’s disciplinary procedures denied Taylor certain rights.
Term. of Parent-Child Rel. of C.C., Minor Child; C.C., Mother v. Indiana Dept. of Child Services, and Lake County Court Appointed Special Advocate (NFP)
45A04-1110-JT-591
Juvenile. Affirms involuntary termination of parental rights.
Kenneth Lainhart v. State of Indiana (NFP)
24A04-1105-CR-299
Criminal. Affirms convictions and sentence for Class B felonies conspiracy to manufacture methamphetamine and manufacturing methamphetamine.
In Re: The Marriage of L.R. v. J.R. (NFP)
45A04-1110-DR-526
Domestic relation. Affirms dissolution decree that ordered J.R. to pay $368 a week in child support, divided the marital property, found L.R. in contempt for willfully violating a provisional order, and ordered the parties pay their own attorney fees.
P.T. v. State of Indiana (NFP)
49A02-1111-JV-1063
Juvenile. Reverses adjudication as a delinquent child for committing what would be Class A misdemeanor when committed by an adult.
Indiana Tax Court posted no opinions at IL deadline.
Opinions June 29, 2012
7th Circuit Court of Appeals
Zachary Medlock v. Trustees of Indiana University, et al.
11-3288
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Tanya Walton Pratt.
Civil. Dismisses Medlock’s appeal of the denial of his request for a preliminary injunction to prevent the enforcement of a one-year suspension from the school. The appeal is moot because the 7th Circuit cannot grant any effectual relief.
Justices divided over man’s conviction of criminal trespass
The state failed to prove an essential element of criminal trespass, according to one Indiana justice, so he dissented from his colleagues’ decision to uphold a man’s conviction stemming from his refusal to leave his bank.
Court upholds judgment in favor of Cedar Lake
A fired employee’s claim that he had a constitutionally protected interest in his job with the Town of Cedar Lake and that he was entitled to due process before being fired failed on appeal.
Court fee changes begin July 1
The cost to file a case in some courts will increase by $1 or $2 beginning July 1. The fee increases include a fee created to address deficiencies in pro bono funds.
Carmel police officer discharged for just cause
The Indiana Court of Appeals reversed the finding by an administrative law judge and a review board that a city of Carmel police officer was fired, but not for just cause.