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Opinions Dec. 20, 2011

Indiana Court of Appeals
Christopher A. Bryant v. State of Indiana
45A03-1101-CR-11
Criminal. Affirms convictions of and sentences for two counts of Class A felony dealing in a narcotic drug, Class A misdemeanor resisting law enforcement, Class A misdemeanor marijuana possession and Bryant’s admission that he is a habitual substance offender, holding that his extensive arrest record renders harmless any error the trial court may have made.

Traffic judge’s 60-day suspension begins next week

Hammond City Court Judge Jeffrey A. Harkin will begin serving his 60-day unpaid suspension on Dec. 27 as a result of an agreement he reached with the Indiana Commission on Judicial Qualifications and approved by the state’s highest court.

Federal incarceration doesn’t count toward speedy trial clock

The Indiana Court of Appeals has upheld a Marion Superior judge’s decision not to dismiss charges against a man who alleged his constitutional right to a speedy trial was violated because the state didn’t bring his case to trial within a year, as required by Rule 4(C) of the Indiana Rules of Criminal Procedure.

64 claimants accepted settlement offers stemming from stage collapse

Indiana Attorney General Greg Zoeller announced Monday that 64 of 65 claimants offered settlements in the Indiana State Fair stage collapse have accepted the offers. Checks will be issued by year-end, the AG’s office said, paying out the entire $5 million in tort claim funds the state has available by law.

Judge upholds New Castle mayor’s election

A special judge in Henry County has dismissed a challenge to the New Castle mayor’s election, finding that mayor-elect Greg York is able to become the city’s top executive because he didn’t violate the state’s residency requirement by keeping two homes and splitting where he spent his time.

In issue of first impression, COA reverses union decision

Following denials from a union officer, three union panels and a trial court, three former union employees successfully convinced the Indiana Court of Appeals that they are entitled to payment for their accrued vacation time. But the COA opinion was not unanimous.

Judges uphold man’s convictions, enhanced sentence

The Indiana Court of Appeals affirmed the convictions of and sentence for a man on multiple drug charges, finding that the Lake Superior judge didn’t err by enhancing the man’s sentence because he is a habitual offender.

Hebenstreit: FIGHT ON!

Less than 24 hours ago, I knew exactly what my topic for this column was going to be.

IBA: One Last Gift to Make Before the Holidays End

Pro bono for families and children, leadership training for young lawyers, and legal education are all community services enriched by the charitable dollars gifted to the Indianapolis Bar Foundation.

IBA: Bar Announces Plans for Judicial Evaluation

The Judicial Excellence Political Action Committee (“JEPAC”) of the Indianapolis Bar Association will begin conducting its evaluation of 2012 candidates for Marion Superior Court at midnight Monday, January 9.

Judge in high-stakes suit praises lawyers

Indianapolis class-action attorney Irwin Levin just helped lead a legal team that is going to collect more than $6.7 million in fees in a high-profile Iowa lawsuit involving price fixing in the concrete industry.

Opinions divided on need for phosphorus regulation

Fishing, boating and swimming are popular summer pastimes in Indiana, but increasingly, Hoosiers looking for a relaxing weekend at the lake are being warned to avoid the water altogether due to pollution.