Justices divided on proper sanction for attorney actions
The majority of Indiana Supreme Court justices found the trial court was within its discretion to dismiss a personal injury action because of the plaintiff’s attorney’s actions.
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Justices reverse determinate commitment
In a three-page per curiam opinion released Wednesday by the Indiana Supreme Court, the justices reversed a juvenile’s determinate commitment to the Department of Correction for committing what would be felony murder if committed by an adult.
Human trafficking bill passes Senate
Senate Bill 4, legislation introduced to strengthen Indiana’s human trafficking statutes, has passed unanimously in the Senate. Legislators are pushing to make the bill a law before the Super Bowl in Indianapolis Feb. 5.
COA clarifies ruling in negligent hiring lawsuit
The Indiana Court of Appeals affirmed their decision to reverse the grant of an insurer’s motion for summary judgment against the parent company of a hotel. On rehearing, the appellate court denied that the other defendants involved in the lawsuit should benefit from the decision regarding Holiday Hospitality Franchising because the other parties didn’t appeal the original ruling.
Court splits over motion for discharge ruling
An Indiana Court of Appeals judge dissented from his colleagues in a Criminal Rule 4(B) motion for discharge case, disagreeing with the interpretation of language in Jenkins v. State regarding the relevant time for purposes of determining whether a defendant can file a pro se motion for a speedy trial.
Opinions Jan. 17, 2012 ILD
The Indiana Supreme Court had issued no opinions by IL deadline.
Indiana Court of Appeals
Term. of Parent-Child Rel. of D.C. and J.C.; J.D.C. (Mother) v. Indiana Dept. of Child Services (NFP)
82A01-1105-JT-225
Termination of Parental Rights. Affirms trial court’s termination of a mother’s parental rights, finding the court didn’t abuse its discretion in denying a continuance and that sufficient evidence existed to support the termination.
Rebecca Herb v. State of Indiana (NFP)
02A03-1106-CR-251
Criminal. Affirms aggregate two-year sentence that had six months suspended to probation. Finds that the sentence imposed following a guilty plea was not inappropriate in light of the nature of the fraud and stolen property offenses and the defendant’s character.
Adrian Deshon Porch v. State of Indiana (NFP)
10A01-1012-CR-686
Criminal. Affirms woman’s conviction for dealing in cocaine, dealing a narcotic drug and possessing paraphernalia, finding the court didn’t abuse its discretion in admitting certain evidence and that the appeal is barred under the law of the case doctrine.
Tyrone Tapp v. State of Indiana (NFP)
82A05-1106-CR-275
Criminal. Affirms defendant’s conviction as a habitual offender, finding the trial court didn’t commit reversible error in denying a motion to dismiss the habitual offender allegation.
Rising Property Management, LLP v. Department of Metropolitan Development Board of Zoning Appeals and Glendale Partners, Inc. (NFP)
49A02-1107-MI-662
Miscellaneous. Affirms trial court’s decision upholding a ruling by the Metropolitan Board of Zoning Appeals to approve a petition for variance filed by Glendale Partners. Finds that Rising Property Management has not established that the quantum of legitimate evidence was so proportionately meager as to lead to the conclusion that the BZA’s findings were not rational.
Aliesha Youna v. State of Indiana (NFP)
49A04-1106-CR-336
Criminal. Affirms defendant’s convictions for criminal recklessness and criminal mischief following a jury trial, finding the trial court did not abuse its discretion in not declaring a mistrial after allegedly improper remarks from the prosecutor during closing arguments.
Brandi M. Holder v. State of Indiana (NFP)
87A01-1106-CR-288
Criminal. Affirms convictions for paraphernalia and marijuana possession, finding the trial court didn’t abuse its discretion in admitting seized evidence, admitting the test results of an item found in the vehicle, and instructing the jury on constructive possession.
Jerome Maxwell v. State of Indiana (NFP)
49A04-1101-CR-6
Criminal. Affirms defendant’s convictions on felony child molesting and aggregate 40-year sentence of incarceration, finding the trial court didn’t abuse its discretion or commit fundamental error, that the prosecutor didn’t commit misconduct, that the convictions weren’t double jeopardy violations and the sentence is appropriate.
Indiana Tax Court had issued no opinions as of IL deadline.
A transfer disposition list shows the justices denied transfer on 10 cases during a private conference last week.
Opinions Jan. 17, 2012
7th Circuit Court of Appeals
Lebamoff Enterprises v. Alex Hurley, in his official capacity as chairman of the Indiana Alcohol and Tobacco Commission
11-1362
Southern District of Indiana, Indianapolis Division
U.S. Judge Jane Magnus-Stinson
Civil. Affirms District judge’s grant of summary judgment for the state defendants, ruling against a Fort Wayne area wine retailer’s constitutional challenge to a state law that prevents retailers from shipping wine to consumers via a motor carrier. The appellate panel found that the state statute is not preempted by federal law. Judge David Hamilton issued a separate concurring opinion.
SCOTUS won’t consider off-campus school speech
The nation’s highest court has declined to take a pair of cases asking whether schools can censor the off-campus behavior of students who post messages or photos against school officials or other students.
7th Circuit upholds Indiana law on wine shipping
The 7th Circuit Court of Appeals has upheld an Indiana statute that prevents alcohol retailers from shipping their products to consumers by using a motor carrier such as UPS, and the state has the authority to regulate those shipments through the 21st Amendment.
Order requires United Financial to pay court costs
The Indiana Supreme Court has ordered United Financial Systems Corp. and its officials to pay the court and a special master $16,003 for the costs associated with an Unauthorized Practice of Law action that has been ongoing for more than three years.
Indiana court decisions Jan. 1 to 11, 2012
Read summaries of the For Publications from the Indiana appellate courts and the 7th Circuit Court of Appeals.
Legislation inspired by Barnes ruling passes Senate committee
A Senate committee voted unanimously to pass a bill that would allow a person to resist the unlawful entry into a dwelling by a law enforcement officer under certain conditions.
2 Martinsville legislators will not seek re-election
State Sen. Richard Bray, R-Martinsville, will not seek re-election. His announcement comes only a few weeks after Rep. Ralph Foley, R-Martinsville, said he also won’t run for re-election.
Valparaiso University to host Argentinian law scholar for lecture
Valparaiso University Law School will host Paola Bergallo, professor of law at Universidad de San Andrés in Buenos Aires, Argentina, for a guest lecture at 4 p.m. (CST) Jan. 26 at Wesemann Hall.
Chinn: Opportunities To Serve In 2012
IBA President Scott Chinn writes his first column about how members can be involved in 2012.
2012 IBA Installation Luncheon
View photos from the 2012 IBA Installation Luncheon at the Conrad Hotel in Indianapolis.
IBA: Mark Calendars for Sedona, Arizona
The Indianapolis Bar Association is going on the road with CLE to stunning Sedona, Ariz., November 15-17, 2012.
IBA: Bill Watch 2012 Available Each Week
The IndyBar’s Legislative Committee has launched Bill Watch 2012. Throughout the legislative session, the IndyBar will distribute each week through its electronic newsletter an updated report of progress and recent actions taken in regard bills and resolutions deemed of possible interest to IndyBar members.
IBA: Judicial Candidate Survey Ends January 18
The IndyBar’s Judicial Excellence Political Action Committee (“JEPAC”) survey of 2012 candidates for the Marion Superior Court will close at 11:59 p.m. on January 18.