Holiday gifts raise ethical concerns
Revised attorney advertising rules broaden the scope of referral regulation.
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Recognizing judicial family issues
The wife of Indiana Justice Brent Dickson was recently honored for her work in creating the Judicial Family Institute.
Chief justice completing his ‘dream job’
Randall T. Shepard will retire from the bench as country’s longest-serving state court leader.
Scholarships aim to boost diversity in law firms and other fields
Recipients of Baker & Daniels’ diversity scholarships say that those scholarships helped them launch their careers.
Federal Circuit hears judges’ pay case
A federal appellate court heard arguments Friday in a case that could ultimately decide if Congress has the authority to withhold judicial pay increases as it’s done in the past or whether cost-of-living adjustments are required.
COA affirms arbitration opinion on rehearing
Rehearing a case at the request of the appellant, the Indiana Court of Appeals reaffirmed its original opinion that trustees are not bound by an arbitration clause that was signed by predecessors.
Opinions Dec. 19, 2011 ILD
7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.
Indiana Court of Appeals
Adrian Hulse v. State of Indiana (NFP)
57A03-1105-CR-213
Criminal. Affirms conviction of battery.
City of Muncie v. Stanley Benford (NFP)
18A02-1011-MI-1281
Miscellaneous. Reverses trial court’s order awarding damages to Benford, holding the court lacked authority to enter the order.
Erie Ins. Exchange as Subrogee of Welch & Wilson Properties, LLC, d/b/a Hammons Storage and Allianz Global Risks U.S. Ins. Co. v. 500 Rangeline Rd., LLC and HSM Development, Inc. (NFP)
73A05-1104-PL-165
Civil plenary. Dismisses appeal from Erie, holding that the entry of partial summary judgment that Erie appeals is neither a final judgment nor an appealable interlocutory order, and therefore the appeals court lacks subject matter jurisdiction to entertain Erie’s appeal.
Boyer Excavating Corp. v. Shook Construction and Ball State University Board of Trustees (NFP)
18A02-1007-PL-834
Civil plenary. Affirms trial court’s order in favor of Shook Construction and Ball State University Board of Trustees, concluding that the court did not err in applying the doctrine of promissory estoppel.
JPMorgan Chase Bank, N.A., s/b/m Bank One, N.A. v. Mike S. Forbing, Successor Trustee of the Jack D. Forbing Revocable Trust (NFP)
02A05-1107-MI-395
Miscellaneous. Affirms Allen Circuit Court’s denial of motion to set aside trial court’s order releasing surplus funds from the sale of real estate.
Magnolia Health Systems v. Review Board of the Indiana Dept. of Workforce Development and Emma J. Johnson (NFP)
93A02-1107-EX-586
Civil. Affirms decision from Indiana Department of Workforce Development Review Board in favor of Johnson.
Roger Ordonez v. State of Indiana (NFP)
49A02-1105-CR-380
Criminal. Affirms sentence for Class B felony failure to stop after operating while intoxicated causing serious bodily injury.
In the Matter of the Term. of the Parent-Child Rel. of J.B., D.G., and C.W.; and D.G. v. Indiana Dept. of Child Services (NFP)
79A04-1105-JT-347
Juvenile. Affirms termination of mother’s parental rights.
Indiana Tax Court and Indiana Supreme Court had posted no opinions at IL deadline.
Opinions Dec. 19, 2011
Indiana Court of Appeals
Capitol Construction Services, Inc. v. Amy Gray, as Personal Rep. of the Estateof Clinton Gray and All One, Inc.
49A04-1005-CT-289
Civil tort. Affirms trial court’s grant of partial summary judgment in favor of Gray’s estate, holding that per terms of the contract, Capitol Construction was obligated to provide fall protection for all subcontractors.
Appeals court sides with estate of contractor killed on the job
The Indiana Court of Appeals ruled an employer was liable for the safety of a subcontractor who fell from a ladder and sustained a fatal injury.
Justices grant transfer in 1 civil case
The Indiana Supreme Court has accepted a case asking whether a construction subcontractor on a public school project can be held liable for attorney fees under the state’s public records access laws applying to public agencies.
Munster advances to national We the People competition
Students from Munster High School won the state championship in the We the People competition Sunday and will represent Indiana in the national competition next year.
Job opening: Indiana Supreme Court justice
Lawyers interested in becoming the next justice on the Indiana Supreme Court have until Jan. 27 to apply for the opening created by Chief Justice Randall T. Shepard’s upcoming retirement.
Judge: Governor can be deposed
Indiana Gov. Mitch Daniels shouldn’t be excused from appearing for a deposition in a lawsuit challenging the cancelled multi-million dollar contract with IBM to modernize the state’s welfare system, according to Marion Superior Judge David Dreyer.
AG wants justices to consider prosecutor disqualification
Arguing that prosecutors must face an actual conflict of interest before they can be removed from a case, the Office of the Indiana Attorney General wants the state justices to take the high-profile case of a former state trooper being tried for murders that happened more than a decade ago.
Opinions Dec. 16, 2011 ILD
7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.
Indiana Court of Appeals
Will Arline v. State of Indiana (NFP)
48A04-1103-CR-133
Criminal. Affirms conviction of three counts of Class C felony forgery.
Robert Morelock v. State of Indiana (NFP)
29A02-1108-CR-736
Criminal. Affirms sentence for Class D felony invasion of privacy.
Arthur Dedrick Green v. State of Indiana (NFP)
45A05-1105-CR-230
Criminal. Affirms sentence for Class A felony voluntary manslaughter.
Frederick Allen v. State of Indiana (NFP)
49A02-1101-CR-2
Criminal. Affirms conviction of murder.
Mark Koers v. State of Indiana (NFP)
49A04-1105-CR-243
Criminal. Affirms trial court’s denial of motion to suppress evidence.
Diana L. Gipson v. Craig G. Gipson (NFP)
79A05-1103-DR-138
Domestic relation. Remands to the trial court to recalculate spousal maintenance award, holding the court did not account for the disparity in earnings potential.
Harvey Byrd v. State of Indiana (NFP)
49A02-1106-CR-478
Criminal. Affirms convictions of Class B felony robbery, Class B felony criminal confinement and Class C felony carrying a handgun without a license.
Chris Fields v. State of Indiana (NFP)
49A04-1105-CR-223
Criminal. Reverses conviction of Class B felony unlawful possession of a firearm by a serious violent felon.
Mario J. Gaston v. State of Indiana (NFP)
84A01-1105-CR-198
Criminal. Affirms conviction of Class B felony aggravated battery.
Jeryl R. Bingham v. State of Indiana (NFP)
49A05-1107-PC-409
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Supreme Court and Indiana Tax Court had issued no opinions at IL deadline.
Opinions Dec. 16, 2011
Indiana Court of Appeals
Justin M. Corwin v. State of Indiana
79A04-1005-CR-296
Criminal. Reverses conviction of Class C felony possession of a controlled substance, holding that a police officer exceeded the limits of a search as defined by Terry v. Ohio, 392 U.S. 1, 30 (1968), and therefore, the evidence he obtained in the search should not have been admitted at trial.
In first impression ruling, COA reverses trial court on illegal search
The Indiana Court of Appeals has ruled that a police officer went one step too far when he opened a pill bottle he found in a man’s pocket.
Governor names new general counsel
Gov. Mitch Daniels announced Friday that Anita Kolkmeier Samuel, assistant general counsel and policy director for the governor, has been named general counsel. Samuel replaces David Pippen, who has resigned to accept a position with Indianapolis law firm Bose McKinney & Evans.
63 claimants will accept settlement in State Fair stage collapse
The Office of the Indiana Attorney General has heard from all 65 claimants who were offered settlements stemming from the stage collapse at the Indiana State Fair in August, and 63 will accept the settlements.