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Delinquent borrowers may be relieved to learn that student loan default – unlike espionage and treason – is not punishable by death. But defaulting on a student loan can have disastrous effects on a borrower’s personal credit and lead to a lifetime of financial difficulties.
Matthew Neumann writes about how Facebook and estate planning relate.
An update on Indiana laws and legislation involving confined feeding operations and confined animal feeding operations.
Ethical issues faced by attorneys practicing energy law are often the result of the small number of lawyers currently in that field of law.
Case involving a pork producer was first test of law enacted in 2009.
Greg Morris writes about Indiana Chief Justice Randall Shepard receiving the Frank O’Bannon Sunshine Award.
The Indiana State Bar hopes new leadership program will encourage lawyers to take on a more active role in communities.
Gov. Mitch Daniels will select next justice from a pool of two men, one woman.
See who’s been promoted, joined an Indiana firm, and been appointed to local boards.
Read for publication decisions from the 7th Circuit Court of Appeals and Indiana appellate courts from Feb. 9-22, 2012.
The 7th Circuit Court of Appeals. Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.
Indiana Court of Appeals
Timothy Jester v. State of Indiana (NFP)
02A05-1108-CR-495
Criminal. Affirms Class B misdemeanor public intoxication conviction, finding evidence was sufficient to support the conviction and the court will not reweight evidence.
N.L. v. State of Indiana (NFP)
52A02-1110-JV-1051
Juvenile. Affirms juvenile’s commitment to the Indiana Department of Correction, finding that the court did not abuse its discretion in that placement because of N.L.’s growing juvenile history, conduct while on probation and failure to participate in services offered.
David Fonseca v. State of Indiana (NFP)
49A02-1107-CR-605
Criminal. Affirms Class A misdemeanor battery conviction, finding evidence was sufficient to support the conviction.
Jennifer Howard v. State of Indiana (NFP)
49A02-1108-CR-684
Criminal. Affirms Class A misdemeanor domestic battery conviction, finding that evidence was sufficient to support her conviction and the court will not reweight evidence.
Donald C. Newlin v. State of Indiana (NFP)
32A01-1109-CR-444
Criminal. Affirms the trial court’s finding that probation revocation sentences were required to be served consecutively and that Donald C. Newlin wasn’t entitled to credit for time served in Putnam County. Appellate court also held trial court didn’t abuse its discretion in ordering Newlin to serve entire previously suspended sentence.
Indiana Court of Appeals
Arc Construction Management, LLC, and Alan Muncy v. John Zelenak and Cecilia Zelenak
10A01-1106-CT-247
Civil Tort. Affirms and remands case involving a home construction lawsuit, finding that trial court didn’t err in denying summary judgment on the former homeowners’ claim of breach of implied warranty of habitability.
The Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.
The Indiana Court of Appeals has found that a Clark County case can continue involving claims against a home construction company. The former homeowners allege that the company defectively built their home and that mold and water damage occurred, leading to loss of habitability.
The Court of Appeals of Indiana will hear oral argument in In RE: The Paternity of K.S. at noon March 2, at Culver Cove Resort & Conference Center.
As chair of the Indiana Judicial Nominating Commission, Chief Justice Randall Shepard oversaw on Thursday the narrowing of the list of candidates vying to replace him on the Supreme Court.
The Indiana Court of Appeals ruled that a federal statute provides the authority for a bank that survives after a merger to enforce the promissory note and mortgage established by a predecessor bank.
The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.
Indiana Court of Appeals
Undray D. Wilson v. State of Indiana (NFP)
34A02-1012-PC-1389
Post-conviction. Affirms denial of post-conviction relief in murder case on grounds that trial and appellate counsel were not ineffective.
Sasha Slater v. Ridinger Enterprises, Inc., d/b/a Shakamak IGA (NFP)
28A05-1104-CT-207
Civil tort. Reverses and remands slip-and-fall injury case where a store had obtained summary judgment on grounds that the plaintiff didn’t provide evidence as to what caused her fall. Finds the plaintiff created a genuine issue of material fact about the floor where the injury occurred and ruled the trial court’s summary judgment ruling was an error.
In Re: Levi Jacob Loucks Testimonial Trust and James M. Loucks, Trustee; Angel M. Lepley v. Levi J. Loucks (NFP)
17A04-1107-TR-386
Trust. Affirms judgment of trial court that denied a woman’s request to access principal trust funds to pay child support and also denied her request for attorney fees incurred while trying to collect the child support.
Jeremy D. Stone v. State of Indiana (NFP)
02A04-1007-CR-464
Criminal. Affirms a three-year executed sentence for strangulation, finding that defendant-appellant didn’t demonstrate the trial court abused its discretion in failing to mention the man’s guilty plea as a mitigating factor. Nothing is inappropriate about the sentence based on the offender’s character and nature of the crime.
Danny W. Ramsey v. State of Indiana (NFP)
14A01-1102-PC-84
Post-conviction. Affirms trial court’s partial denial of a post-conviction relief petition regarding an evidentiary hearing request, whether trial counsel provided ineffective assistance, and whether appellate counsel’s failure to challenge the sentence constituted ineffective assistance.
Antoine L. Skinner v. State of Indiana (NFP)
48A02-1105-CR-514
Criminal. Affirms a probation revocation, finding that the trial court didn’t abuse its discretion in revoking all four years of a suspended sentence because of the man’s single sale of cocaine to a police informant which the defendant-appellant claimed was “a trivial violation.”
T.W.O. f/k/a T.L.W. v. G.A.W. (NFP)
64A03-1106-DR-289
Domestic relations. Affirms trial court’s decision in favor of the father on grounds that the trial court didn’t abuse its discretion in denying mother’s request to modify custody, didn’t abuse its discretion in dividing marital property, and didn’t abuse its discretion in declining to modify the mother’s child support obligation to an earlier date.
Zachery Lewis v. State of Indiana (NFP)
35A02-1108-CR-796
Criminal. Affirms one-year jail sentence for two counts of Class A misdemeanor battery resulting in bodily injury, finding that the nature of the offense and offender’s character didn’t make the sentence inappropriate.
Henry A. Booker v. State of Indiana (NFP)
03A01-1105-CR-221
Criminal. Affirms conviction of Class A felony dealing in a Schedule II controlled substance, finding the 40-year sentence is appropriate, that the evidence was sufficient and the trial court didn’t abuse its discretion in jury instruction regarding the defendant’s defense to the crime.