New clerk appointed in Northern District
Robert N. Trgovich has been appointed clerk of the court by the judges of the U.S. District Court for the Northern District of Indiana, the court announced Tuesday.
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7th Circuit reverses in girls’ basketball discrimination complaint
The 7th Circuit Court of Appeals issued an opinion Tuesday stating it believes the appellants in a discrimination claim have presented a genuine question of fact that merits further review.
Opinions Jan. 31, 2012 ILD
Indiana Court of Appeals
Ronald D. Tiede v. State of Indiana (NFP)
91A04-1105-CR-248
Criminal. Affirms trial court’s denial of motion to withdraw guilty pleas to two counts of Class B felony dealing in methamphetamine and affirms trial court’s modification of the sentence contained in Tiede’s plea agreement.
Jason Schapker v. State of Indiana (NFP)
55A01-1106-CR-258
Criminal. Affirms revocation of probation.
Gary Hollin v. State of Indiana (NFP)
16A01-1108-CR-389
Criminal. Affirms trial court’s sentence following determination that Hollin violated his probation.
In the Matter of M.K., I.K., and N.K.; R.K. and E.K. v. Indiana Department of Child Services and Stephen P. Griebel (NFP)
02A03-1104-JC-151
Juvenile. Reverses trial court’s determination that a couple’s three children were children in need of services, holding that the Department of Child Services was overzealous in removing the children from the parents’ care at a time when the family was intact but had suffered a series of unfortunate circumstances.
Daddys 'O Pub, LLC v. Purkey Enterprises, Inc. (NFP)
29A02-1105-PL-439
Civil plenary. Affirms trial court’s determination that an 1897 deed did not create an easement in Purkey Enterprises’ building that would enable the owners of an adjoining pub to use its stairway to access the second story of the pub’s building.
Nick Khanthamany v. State of Indiana (NFP)
49A02-1106-CR-497
Criminal. Affirms convictions of felony murder and conspiracy to commit robbery.
James Eubanks, Jr. v. State of Indiana (NFP)
45A03-1105-CR-212
Criminal. Affirms sentence for Class B felony burglary.
Samantha Bradley v. State of Indiana (NFP)
49A02-1106-CR-513
Criminal. Affirms convictions of Class A misdemeanor criminal trespass and Class A misdemeanor resisting law enforcement.
Susan Kohl v. Duane Kohl (NFP)
34A05-1105-DR-289
Domestic relation. Affirms trial court’s determination that that husband’s pension should not be included as a marital asset, but finding that the wife presented sufficient evidence to rebut the statutory presumption that an equal division of marital property is just and reasonable; remands to the trial court with instructions to award 60 percent of the marital estate to the wife and 40 percent to the husband.
Brien Clayton v. State of Indiana (NFP)
79A02-1102-CR-138
Criminal. Affirms conviction of Class A felony dealing in cocaine, finding harmless any error in the admission of opinion testimony and sufficient evidence to support the conviction.
Indiana Tax Court had issued no opinions by IL deadline.
Opinions Jan. 31, 2012
7th Circuit Court of Appeals
Dale J. Atkins v. Michael Zenk
11-1891
Civil. Affirms U.S. District Court’s denial of habeas corpus petition, holding Atkins did not prove his claim that he was deprived of his Sixth Amendment right to effective assistance of trial counsel.
7th Circuit affirms denial of habeas corpus petition
A man who stabbed his wife repeatedly, leaving her with a collapsed lung and ruptured spleen, was unable to prove that he received ineffective counsel at trial, the 7th Circuit Court of Appeals held.
Justices rule on admitting testimony in crash cases
The Indiana Supreme Court released companion cases Tuesday on the issue of admitting certain expert testimony under Indiana Rule of Evidence 702 in two separate car accident cases.
Officer did not violate 4th Amendment in finding gun in man’s coat
A police officer who arrested a man and then found a gun in his coat did not violate the man’s rights, the Indiana Court of Appeals held.
On petition for rehearing, appellate court affirms original opinion in drug case
A man convicted of Class D felony possession of methamphetamine asked the Indiana Court of Appeals to review its original opinion affirming the trial court.
Appellate court affirms murder conviction; reverses on corpse abuse conviction
The erroneous admission at trial of a statement a man made to police unquestionably influenced the jury verdicts regarding his convictions of burglary and abuse of a corpse, causing the Indiana Court of Appeals to reverse those convictions. But the COA affirmed his conviction of and sentence for murder.
COA affirms voyeurism charge for would-be prosecutor; Supreme Court issues suspension
The Indiana Court of Appeals has affirmed a voyeurism charge for William R. Wallace, a former candidate for Gibson County prosecutor. Wallace, who videotaped himself and a woman engaged in sexual intercourse, had filed an interlocutory appeal, claiming that he was innocent of Class D felony voyeurism because the sex was consensual.
Indiana Supreme Court takes 4 cases
The Indiana Supreme Court granted transfer in four cases for the week ending Jan. 27 and denied transfer in 11 others.
Chinn: A Few Words About Judicial Elections
This is a judicial election year, and in Marion County this year, we have 20 spots on the ballot for judges of the Marion Superior Court. More than half of the local judiciary in the State’s largest and busiest county is up for election. That fact alone makes the 2012 elections a big deal.
IBA: Trivia Night Fun at Binkley’s
An actual “fun” fundraiser is coming up on Thursday, March 1 as the Indianapolis Bar Foundation hosts Trivia Night. Set for 5-8:00 p.m. at Binkley’s Kitchen and Bar, Trivia Night is a laid back evening to test your knowledge and hang out with friends.
IBA: Racing Attorneys Conference to Roar Into Charlotte, NC
The Racing Attorney Conference (TRAC) returns to Charlotte, N.C., for a fresh and new program on Wednesday, April 10, and Thursday, April 11.
IBA: Judicial Candidate Evaluation Results Released
The IndyBar’s Judicial Excellence Political Action Committee (JEPAC) released the results of its recent judicial evaluation survey of 2012 candidates for Marion Superior Court.
IBA: Foundation Accepting Impact Grant Applications
Indianapolis service agencies are eligible for a $35,000 grant through the Indianapolis Bar Foundation’s Impact Fund.
DTCI: Legal pitfalls and evidence considerations in health care provider apologies
Health care provider apologies in the face of adverse patient outcomes can have profound effects in the defense of subsequent patient litigation.
DTCI: Indiana Civil Litigation Review
The DTCI’s flagship publication, the Indiana Civil Litigation Review, will be distributed soon.