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Opinions Nov. 9, 2011 ILD

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

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Timothy Southward v. State of Indiana
49A05-1103-CR-106
Criminal. Affirms conviction of and sentence for possessing material capable of causing bodily injury while incarcerated as a Class C felon. Although the trial court abused its discretion in admitting the Evidence Rule 404(b) evidence based on the intent exception, it does not rise to the level of fundamental error. Finds sufficient evidence to support the conviction and his sentence is not inappropriate.

Roy Hersley v. State of Indiana (NFP)
16A01-1105-CR-210
Criminal. Affirms convictions of and sentence for Class C felony dealing in marijuana, Class D felony theft and two adjudications as a habitual offender.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Nov. 9, 2011

Indiana Court of Appeals
In Re: The Paternity of M.F.; N.F. v. J.T.
10A01-1101-JP-15
Juvenile. Reverses portion of the order finding mother N.F. in contempt because she presented a prima facie case that the trial court abused its discretion. Reverses order that mother pay attorney fees based on the contempt finding. Affirms portion of the order that requires N.F. buy a plane ticket for M.F. to visit her father in Florida. Judge Kirsch dissents without opinion.

Barnes study committee to vote on final report

The interim subcommittee established as a result of the Indiana Supreme Court ruling in Barnes v. State will meet Thursday to vote on the adoption of a final report.

South Bend attorney sentenced for fraud

Thomas F. “Chip” Lewis III will spend more than three years in prison following his guilty plea to aiding and abetting wire fraud stemming from an advance fee scam.

Appellate court finds mother wasn’t in contempt

The Indiana Court of Appeals agreed with a mother that the Clark Circuit Court erred in finding her in contempt for not putting her teenage daughter on a plane to Florida to visit the teen’s father over Christmas break. The appellate court did agree with the trial court that the mom should have to pay for another flight to visit the father.

Opinions Nov. 8, 2011 ILD

The Indiana Supreme Court, Court of Appeals and Tax court were closed Tuesday in observance of Election Day.

Indiana has new ALJ chapter

Two state government attorneys have founded the Indiana chapter of the National Association of Administrative Law Judiciary. Their goal is to organize and connect those individuals in the state who are working in an ALJ capacity.

Indiana bankruptcy filings decrease in 2011

Indiana saw fewer bankruptcies for the fiscal year ending Sept. 30, 2011, than it did the year before, with the state improving its national ranking based on case filings.

Justices accept 1 transfer case, deny 9

The Indiana Supreme Court granted transfer to a divorce case last week and denied nine other cases during its weekly private conference.

4th annual symposium to look at civil rights

Civil rights in the Southern District will be the topic of the fourth annual Court History Symposium presented by the Historical Society for the Southern District of Indiana Nov. 18.

IBA Frontlines

News from the IBA for Nov. 9-22, 2011.

IBA: Juvenile Delinquency 101

Juvenile delinquency cases are unique. Hopefully, I can highlight some areas of delinquency law to help familiarize you with the system.

Hebenstreit: Too Many Clients?

Do you have too many clients? If so, you can probably skip this article; but, if not please read on.

IBA: Bar to recognize excellence

Congratulate your colleagues for a job well done by joining us at the Association/Foundation Recognition Luncheon on Tuesday, November 29, 2011

OSHA postpones enforcement

The Occupational Safety and Health Administration previously announced it would begin enforcing fall protection plans for residential contractors as of Oct. 1 this year. However, on Sept. 29, Jeffry Carter, deputy commissioner of labor for Indiana OSHA, issued a memo that said federal OSHA administrators decided to push back enforcement to March 15, 2012.