7th Circuit cautions against ‘ostrich-like’ advocacy
Warning appellate lawyers not to ignore precedent, a 7th Circuit Court of Appeals decision today issues a short but clear message to not use “ostrich-like” tactics when briefing and arguing cases.
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COA delves into grammar in reversing trial court
The Indiana Court of Appeals issued three opinions Wednesday that dissect the grammar of a state statute in reversing a trial court’s decision regarding sentence enhancements.
7th Circuit rules on Indiana’s prison grievance process
Addressing a question for the first time about prison inmate complaints, the 7th Circuit Court of Appeals held that a prisoner's participation in internal affairs investigations isn’t an alternative for the administrative process an inmate must follow in filing a grievance.
Supreme Court rules town can regulate aquifer’s water use
Underground aquifers are “watercourses” as defined by state law and as a result the Indiana Supreme Court says community officials have the ability to reasonably regulate how that water is taken out and used by other local governments.
Holiday court closures, bankruptcy court changes
Indiana’s courts will be closed Thursday in honor of Thanksgiving. However, some court offices will be available to handle emergencies on Friday.
COA orders trial court to award credit for time served
The Indiana Court of Appeals has ruled a trial court erred in calculating credit for time served but found the record was insufficient to prove that additional credit time should be awarded for the defendant’s participation in a drug-treatment program.
Magistrate applicants sought
St. Joseph Circuit Court Judge Michael Gotsch is seeking applicants for the position of magistrate judge.
Tax Court rules on inheritance tax valuation
The Indiana Tax Court has rejected an estate’s attempt to sidestep trial rules by allowing verified tax returns to stand in for affidavits in determining a property’s fair market value.
Enrollment deadline approaching for public policy mediation course
Indiana University School of Law – Indianapolis will hold its semi-annual Public Policy Mediation within State Government course from 8 a.m. to 5 p.m., Jan. 2-6, 2012.
Opinions Nov. 22, 2011 ILD
The following Indiana Tax Court opinions were posted after IL deadline Monday:
Gordon A. Etzler v. Indiana Dept. of State Revenue
45T10-1105-TA-38
Tax. Dismisses appeal on the grounds that the Tax Court lacks subject matter jurisdiction, holding that Etzler’s complaint is not about Indiana’s tax laws, but rather about a collection matter arising from a final judgment against Dodson in Marshall Circuit Court.
Today’s opinions:
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Supreme Court
Lisa Gray v. State of Indiana
82S01-1106-CR-328
Criminal. Reinstates trial court’s guilty verdict on Gray’s charge of Class A misdemeanor possession of marijuana, rejecting the argument that insufficient evidence existed to support her conviction. Holds that the word of two police officers held more influence with the trial court than the testimony of Gray’s son, whom Gray appeared to be coaching during trial about how to answer questions.
Indiana Court of Appeals
DeGood Dimensional Concepts, Inc. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1104-EX-390
Miscellaneous. Affirms Indiana Department of Workforce Development Review Board’s finding that substantial evidence exists to support the argument that DeGood Dimensional Concepts failed to prove that employee John Wilder violated a reasonable and uniformly enforced attendance rule. Reverses board and administrative law judge’s conclusion that Wilder would not have been discharged except for the existence of all the reasons stated by the employer. Remands for consideration of those reasons and for additional findings as to whether Wilder was discharged for just cause.
Thormonn Lawrence v. State of Indiana (NFP)
71A03-1104-CR-152
Criminal. Affirms conviction for Class A misdemeanor battery and Class D felony domestic battery.
Steven R. Farrell v. State of Indiana (NFP)
04A03-1101-CR-21
Criminal. Affirms conviction of murder and sentence for murder and Class B felony unlawful possession of a firearm by a serious violent felon.
Katina D. Logan v. State of Indiana (NFP)
48A04-1104-CR-186
Criminal. Affirms sentences for Class D felony neglect of a dependent and associated charges.
Durell Rhymes v. State of Indiana (NFP)
49A02-1104-CR-371
Criminal. Affirms conviction for Class D felony theft.
Timothy Wright v. State of Indiana (NFP)
18A02-1005-CR-490
Criminal. Affirms trial court’s denial of motion to correct erroneous sentence.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Nov. 22, 2011
Indiana Supreme Court
Lisa Gray v. State of Indiana
82S01-1106-CR-328
Criminal. Reinstates trial court’s guilty verdict on Gray’s charge of Class A misdemeanor possession of marijuana, rejecting the argument that insufficient evidence existed to support her conviction. Holds that the word of two police officers held more influence with the trial court than the testimony of Gray’s son, whom Gray appeared to be coaching during trial about how to answer questions.
Justices accept two cases
The Indiana Supreme Court has granted transfer in two cases, one examining medical malpractice liability evidence for damages and another examining how Marion County’s mass tort litigation rules impact the overall goal of orderly and speedy justice in an asbestos case.
Court relies on equitable estoppel determination test
Examining both state and national caselaw in an appeal involving an Allen County car crash, the Indiana Court of Appeals has used a two-part test in determining whether equitable estoppel is available to those filing a claim.
Notre Dame to launch IP clinic
The Notre Dame Legal Clinics are expanding their transactional services to the local business community in January with a new Intellectual Property and Entrepreneurship Clinic headed by intellectual property lawyer Jodi Clifford, who joined the law school this fall.
COA: Serving notice on an adult’s parents isn’t adequate
The Indiana Court of Appeals has ruled that a trial court can’t serve notice on the home of someone’s parents if that adult doesn’t live there and expect that to serve as adequate notice for the party to appear in court.
Opinions Nov. 21, 2011 ILD
7th Circuit Court of Appeals had issued no opinions as of IL deadline.
Indiana Supreme Court had issued no opinions as of IL deadline.
Indiana Court of Appeals
Adron Herschel Tancil v. State of Indiana
45A03-1101-CR-10
Criminal. Affirms trial court’s denial of motion for a new trial, holding that the trial court did not abuse its discretion. Cites a previous Indiana Supreme Court decision stating that intent to kill can be inferred from the nature of the attack, including the duration, brutality and relative strengths of the defendant and victim.
Myron L. Johnson v. State of Indiana
71A04-1103-CR-194
Criminal. Affirms revocation of probation, holding that any failure by Michigan and Indiana to strictly comply with the Interstate Compact with respect to a probable cause hearing for Johnson before his transfer back to Indiana did not deprive the trial court of jurisdiction to revoke his probation, either as to subject matter or personal jurisdiction.
George B. Warren v. State of Indiana (NFP)
71A03-1004-CR-286
Criminal. Affirms convictions of and sentence for two counts of Class B felony robbery.
Dewayne L. Campbell v. State of Indiana (NFP)
27A02-1102-CR-143
Criminal. Affirms convictions for Class B felony conspiracy to commit dealing in methamphetamine and associated charges.
Bruce King v. State of Indiana (NFP)
49A04-1105-CR-214
Criminal. Affirms trial court’s revocation of probation and order that King serve previously suspended sentence.
Leland K. Roberts v. Hart & Sons Realty, LLC (NFP)
33A01-1103-PL-116
Civil plenary. Affirms trial court’s judgment quieting title to a tract of land in favor of Hart & Sons Realty.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Nov. 21, 2011
Indiana Court of Appeals
Jim Norris v. Personal Finance
27A04-1104-SC-183
Small claim. Reverses trial court’s decision denying Norris relief, holding that the trial court erred in concluding that under Trial Rule 4.16, Norris’ parents – when served a notice of claim against Norris – had a duty to inform the court that Norris did not live with them.
AG: Third-party school bus fees are illegal
Indiana Attorney General Greg Zoeller issued a legal opinion Nov. 10 in response to a request by two Indiana legislators on whether school systems can outsource bus services to another entity that charges parents. “Under Indiana’s Constitution and statutes, a public school corporation cannot charge fees for students to ride a bus to school to […]