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Opinions Oct. 12, 2011

Indiana Court of Appeals
Julie Nunley, n/k/a Waldrath v. Jeremy A. Nunley
68A04-1105-DR-269
Domestic relation. Affirms that Jeremy Nunley is entitled to a reduction of his child support obligation due to the decrease in his income due to his incarceration for Class D felony nonsupport of a dependent. Declines to create an exception to the rules set forth in Clark and Lambert for individuals incarcerated for the crime of nonsupport of a dependent.

Appellate court tackles child support issues

In three opinions released Wednesday, the Indiana Court of Appeals ruled on child support issues – the application of Social Security benefits to an arrearage and whether two fathers who were incarcerated for not paying child support could have their support obligations modified.

Judges rule against hospital in fee suit

Citing caselaw that goes back 120 years, the Indiana Court of Appeals reversed a Marion Superior judge’s dismissal of a complaint against a central Indiana hospital pursuant to Indiana Trial Rule 12(B)(6).

AG wants federal government added to lawsuit

Indiana Attorney General Greg Zoeller filed motions in federal court Tuesday asking that the federal government be joined as a necessary party to the state’s immigration lawsuit.

COA chief judge receives Antoinette Dakin Leach Award

Indiana Court of Appeals Chief Judge Margret Robb was given the 2011 Antoinette Dakin Leach Award Oct. 5 by the Indianapolis Bar Association’s Women and the Law Division at a recent symposium.

Baker & Daniels, Faegre & Benson confirm merger

Tom Froehle, chief executive partner for Baker & Daniels, and Andrew Humphrey, chair of Faegre & Benson’s management committee, held a joint news conference Oct. 12 to formally announce that the two firms will merge, effective Jan. 1, 2012.

Guidance offered on incarcerated parents’ attendance at termination hearings

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

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

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

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

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

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

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

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

IBA: Support Judicial Candidates for 2012

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.

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

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

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

DTCI Kudos

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.