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The city of Nappanee was not negligent and didn’t breach its duty of care when a 5-year-old boy required CPR after lifeguards rescued the child as he floated face-down in a city pool, the Indiana Court of Appeals ruled Wednesday.
Indiana University has approved a new program of study that enables law students to build a foundation in education policy.
The Indiana Supreme Court Disciplinary Commission is recommending the justices discipline Indianapolis attorney William Conour for allegedly settling a client’s case without the client’s knowledge and depositing the settlement into his trust account.
7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.
Indiana Tax Court and Indiana Supreme Court had issued no opinions by IL deadline.
Indiana Court of Appeals
Bennie Chamberlain v. State of Indiana (NFP)
79A02-1108-CR-770
Criminal. Reverses sentences for Class C felony stalking, Class C felony criminal confinement and Class D felony residential entry, holding the crimes were part of a single episode of criminal conduct and the consecutive sentences exceeded the maximum allowable time under Indiana Code. Remands for resentencing, including attachment of habitual offender enhancement.
Milan D. Zavodny, Trustee of the Milan D. Zavodny Trust v. Evelyn Ann Pavilionis Trust U/W/A, Dated 18 March 1997 (NFP)
75A03-1110-PL-458
Civil plenary. Holds trial court erred in awarding $43,000 in damages to Pavilionis and therefore reverses and remands for a determination of actual damages, if any, and a determination of whether prejudgment interest should be awarded. Affirms trial court’s denial of Zavodny’s request for a continuance.
Performance Matters Associates and Conseco Marketing, LLC v. Patrick A. Fortune (NFP)
29A05-1107-PL-361
Civil plenary. Affirms trial court’s entry of judgment in favor of Fortune.
In the Matter of the Paternity of N.M.E., Minor Child; J.E.E., Father v. J.B., Mother (NFP)
71A03-1112-JP-549
Juvenile. Reverses juvenile court’s order that father’s parenting time with daughter is to be supervised, holding the court made no finding of physical endangerment or emotional impairment. Remands for court to enter findings or remove restrictions on parenting time.
Mark Shepard v. State of Indiana (NFP)
49A04-1108-CR-415
Criminal. Affirms convictions for Class C felony conspiracy to commit robbery and felony murder.
Indiana Court of Appeals
Kevin C. O'Connell v. State of Indiana
18A02-1109-CR-889
Criminal. Affirms trial court’s decision to refuse O’Connell’s tendered jury instructions that the word “voluntary” be included with each of his charges. Holds that other instructions covered the substance of the tendered instructions.
A trial court erred when it revoked a man’s probation, because it failed to consider several factors before issuing that order, Indiana’s Court of Appeals ruled.
A man who authorities said threatened a federal judge pleaded guilty to a charge of mailing threatening communications and was sentenced to more than nine years in prison.
The Indiana Court of Appeals affirmed a trial court’s decision to refuse a man’s tendered jury instructions.
Rolls-Royce must answer whistleblowers’ allegations that the company violated manufacturing standards, concealed defects in military aircraft engines, and retaliated against workers who raised concerns, a federal judge ruled Monday.
The Indianapolis Bar Association Bar Leader Series Class IX team presentations and graduation program was held Friday, May 18th, 2012.
The leadership of the IndyBar is an active lot and my sense is that most members of leadership feel positive about the bar’s activity level and performance. And by any objective measure, the IndyBar’s event calendar is full and its service offerings are growing. Let me give you just five examples.
William W. Gooden, an attorney with Clark Quinn Moses Scott & Grahn and a member of the Indianapolis Bar Foundation Board of Directors, was sworn in as a City-County Council member last week after being selected by the Marion County Republican Caucus to represent District 3.
An ITLA member attorney lost his granddaughter in fatal crash last year.
A recent national survey indicated nearly nine in 10 (88 percent) executives anticipate no changes to the size of their teams in the next three months. Specifically in law, a net 30 percent of lawyers are planning to increase staff levels in the third quarter which actually represented the strongest growth among the professions surveyed.
Diversity and training are other key initiatives for new president Mark Scott.
The Indiana Trial Lawyers Association joined with the Defense Trial Counsel of Indiana to promote courtesy among adversaries. The two held a seminar on civility at Indiana University Robert H. McKinney School of Law.
Highly skilled immigrants are the focus of 2 bills introduced in Congress.
The Volunteer Lawyer Program of Southwestern Indiana will prepare wills for group home residents and patients of Southwestern Behavioral Healthcare as part of the annual Prepare a Will Project.
The 2012 Impact Fund grant from the Indianapolis Bar Foundation has been given to Reach For Youth – Teen Court to support a part-time teen court coordinator. The bar foundation made the announcement at its Impact Fund Celebration Breakfast May 30.