Indiana Court Decisions – May 3-16, 2012
Read appellate opinions from the 7th Circuit Court of Appeals and Indiana appellate courts.
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Behind the News: Vaunted attorney Conour has lots of explaining to do
A large question looms in the wake of the April 27 announcement that Bill Conour has been charged in a federal criminal complaint with misappropriating more than $2.5 million in client funds from December 2000 to March 2012. If the 64-year-old is indeed guilty of the wire-fraud charge he faces, where did all the money go?
DTCI: Opinion clarifies construction manager liability on job sites
In its recent opinion in the case of Hunt Construction Group, Inc. v. Garrett, No. 49S02-1106-CT-365 (Ind. 2012), the Indiana Supreme Court provided some needed clarity concerning liability of construction managers for injuries suffered by employees of contractors on a construction site.
Bar Crawl – 5/25/12
Read who’s been elected as officers of Tippecanoe County Bar Association and more!
Sidebars: Indianapolis pizza place provides different lunch option
We give Coal Pizza Company 3.25 gavels!
Lucas: Judges say all young lawyers face challenges
My seat at the recent Indiana Supreme Court Bar Admission Ceremony provided a perfect vantage point to witness the mix of emotions young lawyers feel when they have the opportunity to present themselves for the first time to members of the state’s highest-ranking courts.
Justices grill both sides in IU Health case
The five justices on the Indiana Supreme Court asked feisty questions of both sides in the case in which two Indiana University Health patients have argued that hospital “chargemaster” rates are unreasonable.
Finney: Give power to your point at trial
Deanna Finney writes about using PowerPoint as a trial presentation tool.
5 make first cut for Court of Appeals vacancy
A consumer protection official, a public defender, two judges and a law professor are semifinalists for a position on the Indiana Court of Appeals.
Pro Bono Commission chair sees dramatic drop in funding during term
Colleagues say Indiana Court of Appeals Judge Melissa May’s selflessness and volunteer spirit made her ideally suited for the position.
Fund will build on Shepard’s legacy of promoting diversity
Former Indiana Chief Justice Randall Shepard’s commitment to diversity will continue thanks to a permanent fund that aims to expand on his pioneering efforts to make the legal profession more reflective of society at large.
A 21st century expression of the law
The ’emoticon defense’ raises brows, but it puts a focus on speech rights and school threats.
Shootings put safety on lawyers’ radar
Two separate shootings involving Fort Wayne attorneys highlight the need for lawyers to use common sense when it comes to protecting themselves.
Dickson values continuity for court
Indiana’s new chief justice will preside as the Supreme Court faces a ‘precarious’ future.
Indiana Tech breaks ground on law school
The school’s dean says its different educational model will attract students.
Appeals court upholds seizure, transfer of suspected drug money
A man who challenged the seizure of $25,000 in suspected drug money and its transfer to federal authorities lost his appeal, but the Indiana Court of Appeals was troubled by the state’s failure to provide him notice of the request for the transfer.
Opinions May 21, 2012 ILD
Indiana Supreme Court and Indiana Tax Court had posted no opinions by IL deadline.
Indiana Court of Appeals
Wayne A. Moorefield v. State of Indiana (NFP)
85A02-1112-CR-1149
Criminal. Affirms sentence for Class D felony non-support of a dependant child.
James Pierce, Jr. v. State of Indiana (NFP)
48A02-1108-CR-809
Criminal. Affirms sentence for Class C felony burglary and possession of a firearm by a serious violent felon.
Johnathon Gregg v. State of Indiana (NFP)
49A05-1111-CR-566
Criminal. Affirms conviction of Class B felony burglary.
James Gerald v. State of Indiana (NFP)
20A05-1108-CR-413
Criminal. Affirms conviction of Class B felony robbery and sentence, enhanced by a habitual offender adjudication.
Sally G. Leonard and Indiana Farm Bureau Insurance, as Subrogee of Sally G. Leonard v. Brandon Vickers, and Weaver Heating & Cooling, Inc. (NFP)
71A03-1110-CT-483
Civil tort. Affirms trial court’s grant of motion to strike a document from evidence in favor of appellee.
Alex Gregory Robertson v. State of Indiana (NFP)
71A05-1109-CR-538
Criminal. Affirms conviction of felony murder.
Kenneth E. Russell v. State of Indiana (NFP)
28A01-1112-CR-559
Criminal. Affirms sentence for two counts of Class B felony battery.
Cassy Henry v. State of Indiana (NFP)
49A02-1110-CR-921
Criminal. Affirms revocation of probation.
Brett Lyle Rork v. State of Indiana (NFP)
79A02-1110-CR-973
Criminal. Affirms sentence for Class B felony dealing in cocaine.
Julio Chavez v. State of Indiana (NFP)
49A02-1110-CR-899
Criminal. Affirms revocation of probation and court’s order that Chavez serve remaining two years of sentence.
Monwell Douglas v. State of Indiana (NFP)
34A04-1107-PC-388
Post conviction. Affirms 60-year sentence for murder, holding Douglas was not subject to ineffective assistance of counsel.
Richard E. Stanbrough v. Bank of America National Assn. as Successor by Merger to LaSealle Bank National Assn., et al. (NFP)
32A01-1112-MF-577
Mortgage foreclosure. Affirms trial court’s grant of summary judgment in favor of Bank of America National Association.
Buster Joel Toschlog v. State of Indiana (NFP)
Criminal. Affirms trial court’s determination that Buster Joel Toschlog is a credit-restricted felon.
18A02-1110-CR-958
Christopher D. Richardson v. State of Indiana (NFP)
45A04-1109-CR-501
Criminal. Vacates conviction of Class C felony battery by means of a deadly weapon, citing double jeopardy grounds. Affirms convictions for Class B felony aggravated battery and Class C felony battery resulting in serious bodily injury.
Joseph Jesse Clark Smith v. State of Indiana (NFP)
27A05-1108-CR-415
Criminal. Affirms convictions of and sentences for Class A misdemeanor criminal trespass, Class A misdemeanor intimidation and two counts of Class D felony theft.
Demetrus Weems v. State of Indiana (NFP)
05A05-1109-CR-513
Criminal. Affrims conviction of and sentence for Class D felony theft.
Opinions May 21, 2012
7th Circuit Court of Appeals
Kristi J. Cortezano v. Salin Bank & Trust Company
United States District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
11-1631
Civil. Affirms District court’s grant of summary judgment in favor of Salin Bank & Trust Company, holding the bank did not violate Cortezano’s rights by firing her due to her husband’s immigration status. Remands to the District Court to strike from the record the names of Cortezano’s three children, as the District Court had not previously ruled on that motion.
Plaintiffs fail to prove claim that Zimmer misrepresented information
Two pension funds that own shares of Zimmer Holdings Inc. were unable to prove that Zimmer defrauded its investors by suppressing information, the 7th Circuit Court of Appeals ruled.