DTCI: Protection of drug and alcohol treatment records
Lawyers representing plaintiffs and defendants in civil tort actions will eventually be challenged with protecting their client’s alcohol and drug treatment records from disclosure.
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Technology Untangled: Samsung 7-inch tablet fills a portable niche
Today we will review the Samsung Galaxy Tab 2 7.0. The first two things that caught my attention were the low $250 price and the small 7-inch size.
Zero tolerance in schools could lead to problems for students in future
Indiana’s effort to study juvenile justice issues has stalled as the group waits for the governor to appoint a chair.
COA finalists named
Marion Superior Judge Robert R. Altice Jr., public defender Patricia Caress McMath and Madison Circuit Judge Rudolph R. Pyle III have been chosen as finalists for the Indiana Court of Appeals.
Opinions June 4, 2012 ILD
Monday’s opinions
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
R. Bruce Wallace v. Alliance Environmental, Inc. and Ruth Brown (NFP)
49A04-1111-CC-665
Civil collection. Affirms trial court’s recalculation of damages to Brown for Wallace’s breach of fiduciary duty.
KMC Real Estate Investors, LLC, George L. Alcorn, David Berry, David Britt, Abdul G. Buridi, Jeffrey Campbell, Keith Carter, et al. v. RL BB Financial, LLC (NFP)
10A05-1109-MF-501
Mortgage foreclosure. Affirms summary judgment in favor of RL BB Financial in its suit seeking to enforce each doctor’s individual guarantees.
Alfonso Menchaca v. Elias Terrazas (NFP)
45A03-1109-PL-415
Civil plenary. Affirms partial summary judgment for Terrazas in an action to seek repayment of amount Menchaca owes Terrazas pursuant to a promissory note and remands for further proceedings.
Opinions June 4, 2012
Indiana Court of Appeals
R. Bruce Wallace v. Alliance Environmental, Inc. and Ruth Brown (NFP)
49A04-1111-CC-665
Civil collection. Affirms trial court’s recalculation of damages to Brown for Wallace’s breach of fiduciary duty.
SCOTUS rules in favor of Indianapolis in sewer dispute
The Supreme Court of the United States ruled Monday that the city of Indianapolis did not violate the Federal Equal Protection Clause when it refused to refund money to residents who paid the in-full assessment up front for sewer work.
Tax Court denies bid to dismiss medical supplier’s refund suit
A medical supplier’s lawsuit seeking a refund of sales taxes its customers paid to purchase dialysis equipment will go forward, the Indiana Tax Court ruled.
Lawmakers to be part of panel for contraception talk
The American Civil Liberties Union of Indiana’s brown-bag discussion about contraception will include two state lawmakers.
Symposium to focus on Islamic law and ethics
Local scholars, lawyers and religious practitioners will debate and discuss the role of sharia – Islamic law and ethics – in American life at a symposium organized by the newly established Center for Interfaith Cooperation and the School of Liberal Arts at Indiana University-Purdue University Indianapolis.
More than 300 attorneys suspended for CLE, fee violations
The Indiana Supreme Court has suspended the licenses of 302 attorneys who failed to pay registration fees and/or comply with continuing legal education requirements.
7th Circuit affirms lower court in elaborate mortgage fraud case
The 7th Circuit Court of Appeals has affirmed a District Court’s conviction and sentence for a man who defrauded buyers and lenders in northern Indiana.
Shepard named to academic post
Former Chief Justice Randall T. Shepard has been named the first executive in residence at the Indiana University Public Policy Institute in IU's School of Public and Environmental Affairs. The appointment also includes a relationship with the IU Robert H. McKinney School of Law.
Appeals court upholds motion to correct error, voiding Elkhart tax deed
An Alabama company that purchased a property at a tax sale in Elkhart but subsequently failed to pay property taxes did not receive adequate notice that the city was seeking a tax deed on the property, the Indiana Court of Appeals ruled Friday.
Opinions June 1, 2012 ILD
Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.
Indiana Court of Appeals
Richard Dean Martin v. State of Indiana (NFP)
10A05-1110-PC-526
Post conviction. Affirms convictions of six counts of Class A felony child molesting.
Opinions June 1, 2012
7th Circuit Court of Appeals
United States of America v. Michael Sheneman
11-3161
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Jon E. DeGuilio.
Criminal. Affirms convictions and sentence for four counts of wire fraud in a two-year mortgage fraud scheme. Holds that Sheneman’s sentence enhancements were justified, due to the sophisticated means used to execute the fraud.
Marion County Bar Association to host judges for morning talk
The Marion County Bar Association will host Indiana Court of Appeals Judge Carr Darden and retired Marion Superior Judge Webster Brewer at an event on June 7.
Opinions May 31, 2012 ILD
Indiana Court of Appeals
Larry Gene Gore v. State of Indiana (NFP)
76A03-1110-CR-491
Criminal. Affirms sentence for Class D felony sexual battery.
Anthony Stansbury v. State of Indiana (NFP)
15A05-1111-CR-585
Criminal. Affirms convictions of Class B felonies attempted robbery and aggravated battery and finding Stansbury is a habitual offender and remands for correction of sentencing order.
Wells Fargo Bank v. Castalia Homes, LLC; Jan N. Kelsey (NFP)
06A04-1112-MF-680
Mortgage foreclosure. Reverses summary judgment in favor of Castalia Homes on the issue of priority.
Noblesville Schools Corporation v. Review Board of the Indiana Department of Workforce Development and Ryan Shelton (NFP)
93A02-1110-EX-923
Agency appeal. Affirms decision by review board that Noblesville Schools Corp. did not show good cause for failing to attend a hearing review regarding Shelton’s award of benefits.
In Re the Paternity of N.B.; K.B. v. A.B. (NFP)
45A03-1111-JP-495
Juvenile. Affirms order modifying custody of N.B. to father.
In Re the Marriage of: Alexander Nikolayev v. Natalia Nikolayev (NFP)
49A05-1108-DR-393
Domestic relation. Reverses decision to make Alexander Nikolayev’s new child support obligation effective July 21, 2010. Affirms in all other respects and remands for further proceedings.
Jeffrey Riggs and Mark Ashmann v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC (NFP)
45A03-1109-CT-394
Civil tort. Affirms grant of a motion for Trial Rule 35 psychological examination filed by Weinberger. Remands for further proceedings.
Susan Grund v. State of Indiana (NFP)
52A02-1108-PC-791
Post conviction. Affirms denial of petition for post-conviction relief.
In the Matter of V.C., Child Alleged to be in Need of Services: V.S. v. Indiana Dept. of Child Services (NFP)
79A02-1201-JC-43
Juvenile. Dismisses sua sponte the appeal for lack of subject matter jurisdiction.
Dusty E. Rhodes v. State of Indiana (NFP)
11A01-1109-CR-487
Criminal. Affirms conviction of Class B felony dealing in methamphetamine.
Richard C. Gallops and Patricia A. Gallops v. David Hubbard, Personal Representative of the Estate of Thelma M. Hubbard, Deceased (NFP)
02A05-1107-CT-337
Civil tort. Denies the estate’s renewed motion to dismiss and affirms the Gallopses’ designated materials were inadmissible under the Dead Man’s Statute and that the estate was entitled to partial summary judgment as a matter of law.
Indiana Tax Court posted no opinions at IL deadline.