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Guidance offered on incarcerated parents’ attendance at termination hearings

October 11, 2011

Scolding the Indiana Department of Child Services for how it handled a parental termination case, the Indiana Supreme Court has found an incarcerated mother’s due process rights were not violated when she did not receive adequate notice about pending proceedings that would affect her rights as a parent or when she was not allowed to attend the hearings.

State justices accept certified question

October 11, 2011

The Indiana Supreme Court will consider a certified question from federal court concerning disability pension funds for police and firefighters who are already eligible and receiving benefits governed by Indiana statute.

Opinions Oct. 11, 2011 ILD

October 11, 2011

7th Circuit Court of Appeals
United States of America v. Roger Loughry, also known as Mayorroger
10-2967
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence
Criminal. Reverses District Court’s decision to allow admission as evidence “hard core” pornography without examining it or without explaining its reasoning under Rule 403. Holds that the material was highly inflammatory and held only minimal probative value, but created extreme prejudice against Loughry. Remands to the District Court for proceedings consistent with opinion.

Indiana Court of Appeals
Julius T. Anderson v. Richard M.Ivy
18A04-1107-MI-357
Miscellaneous. Reverses trial court’s decision that Ivy was entitled to a special election, holding that no evidence exists to suggest Anderson’s misconduct affected any votes.

Jeffrey Havvard v. State of Indiana (NFP)
49A05-1103-CR-109
Criminal. Affirms conviction for Class A misdemeanor possession of marijuana.

Daniel W. Oliver v. State of Indiana (NFP)
07A04-1012-CR-768
Criminal. Affirms convictions of two counts of Class D felony theft.  

Yusuf Fields v. State of Indiana (NFP)
48A04-1012-CR-815
Criminal. Affirms convictions for Class A felony attempted murder and Class A misdemeanor carrying a handgun without a license.

Dawon Strong v. State of Indiana (NFP)
22A01-1104-CR-143
Criminal. Affirms sentence for Class B felony dealing in cocaine.

Justin Lashaway v. State of Indiana (NFP)
49A04-1011-CR-773
Criminal. Affirms conviction of and sentence for Class A felony conspiracy to commit child molesting.

Term. of Parent-Child Rel. of G.H., T.H., and B.H.; I.H. (Father) v. Indiana Dept. of Child Services (NFP)
66A01-1102-JT-40
Juvenile. Affirms termination of father’s parental rights.

Randy S. Johnson v. State of Indiana (NFP)
49A04-1104-PC-196
Post conviction. Affirms denial of petition for post-conviction relief.

Philip D. Krantz v. State of Indiana (NFP)
57A03-1104-CR-146
Criminal. Affirms sentence for four Class D felonies resulting from a plea agreement.

Indiana Tax Court had posted no opinions at IL deadline.

 
 

Opinions Oct. 11, 2011

October 11, 2011

7th Circuit Court of Appeals
United States of America v. Roger Loughry, also known as Mayorroger
10-2967
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence
Criminal. Reverses District Court’s decision to allow admission as evidence “hard core” pornography without examining it or without explaining its reasoning under Rule 403. Holds that the material was highly inflammatory and held only minimal probative value, but created extreme prejudice against Loughry. Remands to the District Court for proceedings consistent with opinion.

Justices take FSSA reimbursement case

October 11, 2011

The Indiana Supreme Court has granted transfer to a case in which the Indiana Court of Appeals ordered a state agency to pay a long-term care facility after the agency terminated its contract with the facility.

SCOTUS won’t take Indiana bar exam case

October 11, 2011

The Supreme Court of the United States has declined to take several Indiana cases, including a federal suit against the state’s Board of Law Examiners filed by a man who wants to take the bar exam without going to law school.

ACLU raising funds to support outreach efforts

October 11, 2011

The American Civil Liberties Union of Indiana has launched a three-year drive to raise funds for educating Indiana residents about human and constitutionally guaranteed rights and freedoms and to lead the fight against violations of those rights.

IBA Frontlines

October 11, 2011

Read IBA Frontlines for Oct. 12-25, 2011.

IBA: Support Judicial Candidates for 2012

October 11, 2011

IndyBar’s Attorneys for an Independent Bench (“AIB”) political action committee is a great alternative to direct political contributions for those seeking to support judicial candidates in the 2012 elections for Marion Circuit and Superior Courts.

Hebenstreit: With a Need so Great, What Will We Do?

October 11, 2011

We all know what pro bono legal service means and probably know or believe that it is a good idea. But have you ever thought about how it actually works?

IBA: IndyBar’s First Women’s Symposium Exceeds Goals

October 11, 2011

Area lawyers gathered to attend the Women, Law & Leadership Symposium, hosted by the IndyBar Women and Law Division (WLD) on October 5 and 6, 2011 at the Crowne Plaza Hotel and Conference Center in downtown Indianapolis.

IBA: Social Media and Ethics

October 11, 2011

A Florida case should remind Indiana lawyers to be cognizant of the Rules of Professional Conduct when participating in any form of social media.

Law School Briefs – 10/12/11

October 11, 2011

Counterterrorism event at IU -Indy; Maurer School of Law shares grant to study human rights.

DTCI Kudos

October 11, 2011

Congratulations to DTCI member Susan E. Cline of Lewis Wagner in Indianapolis upon her being named the Indianapolis Best Lawyers Medical Malpractice Law – Defendants Lawyer of the Year.

DTCI award recipients named

October 11, 2011

During its 2011 Annual Meeting Nov. 17-18 in French Lick, the DTCI will recognize the outstanding defense lawyers of 2011.

DTCI: Dreaded v. St. Paul revisited

October 11, 2011

Does an insurer owe coverage, defense and indemnity for costs incurred by the policyholder before notice to the insurer?

City council discusses gun laws

October 11, 2011

On Oct. 24, the Hammond City Council will discuss ordinances introduced by Councilwoman Kim Poland that would repeal local gun laws in order to align with the new state laws.

Disciplinary Actions – 10/12/11

October 11, 2011

Read who’s been suspended or resigned.

On the Move – 10/12/11

October 11, 2011

See who’s joined Indiana firms, been honored and or created new firms.

Bar Crawl – 10/12/11

October 11, 2011

A roundup of what’s happening at bar associations around the state.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

  • ‘Get involved.’ Indiana judges, attorneys offer advice for new lawyers

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

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