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Marion County judicial ‘slating fees’ subject of 2 inquiries

An Indianapolis attorney and an Indianapolis Bar Association political action committee want the Indiana Commission on Judicial Qualifications to look into how Marion County judicial candidates contribute to political parties as part of the process in running to be a judge.

Lawyer sees Super Bowl as moment to showcase inclusiveness

Attorney Greg Fehribach is looking forward to Super Bowl XLVI, when thousands of visitors to Indianapolis will make their way through downtown, thanks in part to infrastructure he helped design. For Fehribach, who uses a wheelchair as a mobility aid, the hallmark of any great city is its ability to offer everyone the same experiences.

Giving fee guidance

Indiana Supreme Court decisions on fee structures lack bright-line rules and have caused questions about practicality.

Opinions Jan. 30, 2012 ILD

7th Circuit Court of Appeals had issued no opinions at IL deadline.

Indiana Indiana Supreme Court and Indiana Tax Court had issued no opinions at IL deadline.

Indiana Court of Appeals
Fletcher Coleman and Dorothy Coleman v. Northeast Neighborhood Revitalization Organization, Inc., and Northeast Neighborhood Council, Inc. (NFP)
71A05-1106-CT-300
Civil tort. Affirms trial court’s denial of the Colemans’ motion to strike portions of Northeast Neighborhood’s Revitalization Organization’s affidavits, finding no genuine issues of material fact exist.

Term. of the Parent-Child Rel. of J.S., minor child, and T.S. (Father) v. Indiana Dept. of Child Services, Scott County Office (NFP)
72A01-1107-JT-329
Juvenile. Affirms termination of father’s parental rights.

Anthony A. May v. State of Indiana (NFP)
35A02-1107-CR-697
Criminal. Affirms conviction of and sentence for Class C felony nonsupport of a dependent child.

Andre Perry v. State of Indiana (NFP)
49A02-1105-CR-438
Criminal. Affirms convictions of and sentences for Class B felony unlawful possession of a firearm, three counts of Class B felony criminal confinement and one count of Class C felony robbery.

Kristen Leach v. Steven Leach (NFP)
39A01-1108-DR-332
Domestic relation. Affirms trial court’s order granting custody of children to father.

Jesse C.E. Rayford v. State of Indiana (NFP)
01A02-1106-CR-554
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy, but remands for resentencing, holding that the combined term of imprisonment and period of probation should not exceed one year.
 

Opinions Jan. 30, 2012

Indiana Court of Appeals
State of Indiana v. Johnnie S. McCaa
56A04-1107-CR-341
Criminal. Reverses trial court’s grant of McCaa’s motion to suppress evidence, holding that due to the unusual circumstances of an initial traffic stop, police did not err in asking McCaa to drive his truck to another location, where he ultimately failed field sobriety tests.

AG’s office says disputes over legislative rules should not be decided in court

The Indiana Supreme Court will hear the state's appeal in the lawsuit over collecting fines imposed on absent members of the Legislature. The state's highest court on Friday ruled 4-1 to accept jurisdiction of the interlocutory appeal sought by the Indiana attorney general's office, which represents the state and officials named as defendants in the legislative fines lawsuit, Crawford v. Berry.

COA reverses trial court in OWI case

The Indiana Court of Appeals has reversed a trial court’s grant of a truck driver’s motion to suppress evidence, holding that police did not violate his rights in an unusual traffic stop.

Governor signs human trafficking bill

Indiana Gov. Mitch Daniels has signed Senate Enrolled Act 4, which more clearly defines human trafficking and strengthens penalties for that crime. The new law is effective immediately.

15 apply to be Supreme Court justice

Fifteen people have applied to be the next Indiana Supreme Court justice, the high court announced Friday. They are vying to replace Chief Justice Randall T. Shepard, who will leave the bench March 4.

Opinions Jan. 27, 2012 ILD

7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals
In the Matter of L.L., (CHINS), K.R. S. (Mother) v. Indiana Dept. of Child Services (NFP)
52A05-1107-JC-382
Juvenile. Affirms trial court’s determination that L.L. was a child in need of services.

Justin L. Hargrove v. State of Indiana (NFP)
67A01-1103-CR-112
Criminal. Affirms conviction for Class A felony attempted murder.

Indianapolis Education Association and President Elden Wolting v. Indianapolis Public Schools (NFP)
49A02-1101-PL-27
Civil plenary. Dismisses appeal as moot, holding no effective relief could be rendered through appeal.

In the Matter of the Term. of the Parent-Child Rel. of J.S. and A.S.; R.S. and Ja.S. v. Indiana Dept. of Child Services (NFP)
33A01-1106-JT-246
Juvenile. Affirms termination of parental rights for mother and father.

Brett Zagorac v. State of Indiana (NFP)
64A03-1011-CR-589
Criminal. On petition for rehearing, reaffirms initial opinion that any possible error in admission of evidence was harmless.

 

Opinions Jan. 27, 2012

Indiana Court of Appeals
Robert Holland, A Concerned Citizen for the Redevelopment of Gary v. Richard Steele, Barbara Steele, First Midwest Bank, As Successor Trustee By Way of Merger to Bank Calumet, N.A., et al.
45A03-1102-PL-84
Civil plenary. Affirms the trial court’s determination that Holland was not entitled to summary judgment on his quiet title claim, and grant of summary judgment to the bank on its trespass and slander of title claims. The trial court properly found that Holland had filed a frivolous lawsuit and awarded appropriate attorney fees. On cross-appeal, the appellate court denied the bank’s request for appellate attorney fees.