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Opinions Sept. 28, 2011 ILD

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

Indiana Court of Appeals
M Jewell, LLC v. Max M. Powell and Marion School Employees Federal Credit Union
27A02-1101-MI-47
Miscellaneous. Affirms denial of M Jewell LLC’s petition for an order directing the auditor of Grant County to issue a tax deed. The trial court determined that Max Powell was prejudicially misled by the incomplete information given to him by the treasurer’s office, and that determination supports the piercing of the statutory rules to prevent injustice.

In Re: Larry L. Thompson Revocable Trust; Deanna Thompson Stull v. Larry L. Thompson Revocable Trust, Derek Thompson, and Vicki Thompson Craver
54A01-1011-TR-592
Trust. Affirms judgment in favor of Larry L. Thompson Revocable Trust, Derek Thompson and Vicki Thompson Craver on Deanna Thompson Stull’s motion to correct errors and motion to amend petition in equity to conform to evidence. The trial court did not err by barring Deanna from raising the issues of her equitable claim that were implicitly decided in a prior appeal. Denies the appellees’ request for appellate attorney fees.

Robert Endris v. Review Board of the Indiana Department of Workforce Development and Fellon-McCord Associates (NFP)
9302-1101-EX-48
Agency appeal. Affirms denial of unemployment benefits.

Brett Zagorac v. State of Indiana (NFP)
64A03-1011-CR-589
Criminal. Affirms conviction of Class B misdemeanor battery.

Telisa Arnold v. State of Indiana (NFP)
49A02-1101-CR-20
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Sept. 28, 2011

Indiana Supreme Court
Desmond Turner v. State of Indiana
49S00-0912-CR-565
Criminal. Affirms convictions of murder, criminal confinement, robbery and burglary, and the sentence of life in prison without parole for the murder convictions, plus a term of years for the other convictions. The trial court did not abuse its discretion in permitting firearms and tool mark examiner Michael Putzek’s testimony, and the admission of challenged testimony did not violate Indiana Evidence Rule 404(b). The trial court erred in admitting testimony on a statement made by Turner’s mother, but that does not require reversal.

BLE will strike broad question, revise other

The Indiana Supreme Court’s Board of Law Examiners is cutting one controversial question from its annual bar exam application and will revise another in order to comply with a federal judge’s recent ruling.

Justices to hear 5 cases in next 2 days

The Indiana Supreme Court hears five arguments in the next two days. Two are scheduled for Wednesday, and three will be heard on Thursday.

IBA Frontlines

Read the IBA Frontlines for Sept. 28, 2011.

Hebenstreit: Lawyers and the Election Process

In 2010, 61.2% of Hoosiers were registered to vote which placed us in 43rd place in the United States. We were even worse in voter turnout. Only 39.4% of Indiana residents actually voted in the 2010 elections which placed us in 48th position. The national average was 45.4%—a full six points higher than Indiana was able to muster.

IBA: Size DOES Matter

Who says size doesn’t matter? To the IndyBar, small firms matter a lot!

IBA: Second Annual Mediation Days a Success

While a struggling economy does not slow down the caseload at the Marion County Circuit Court Paternity Division, it does increase the need for pro bono services.

IBA: The Corporate Veil Wears Thin with the IRS

The legal metaphor “corporate veil” is doubly a tantalizing legal term of art and an effective marketing tool to illustrate to potential clients the benefits of corporate formation.

Township board OKs court move

The Center Township Board on Sept. 21 approved a plan to move the township’s small claims court from the downtown Indianapolis City-County Building to the Julia M. Carson Government Center despite a judge’s objection.

Index shows poor voter engagement

On Sept. 14, results of the inaugural Civic Health Index were released to the public. The data shows that while Indiana is on-par with national standards in volunteerism, the state’s voter turnout and registration are among the lowest in the country.

President signs patent reform law

A long-debated patent reform law is now in place, signaling the most significant change to the system in nearly six decades.

Court OKs access to Odyssey data

In an order released Sept. 14, the Indiana Supreme Court detailed the process for obtaining bulk distribution of and remote access to the records of Indiana courts using the Odyssey case management system, which is gradually connecting all of Indiana’s trial courts.

Settlement resolves casino money cases

The six-year casino revenue litigation that sparked multiple lawsuits statewide, went to Indiana’s appellate courts multiple times, and led to legislative initiatives is coming to a close.