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As season ends, lawyers look to revive interest in softball league
Eight teams participated in the annual softball league this year, but diehard players say that they’d like to see more teams next season.
Rule revision aims to broaden use of limited scope representation
The Indiana Supreme Court revised the Indiana Rules of Trial Procedure to allow pro se litigants and other potential clients to use limited scope representation more often and without some of the restraint they’ve had in the past.
Indiana State Fair tragedy renews cap debate
Indiana attorneys and legislators are embarking on a broader discussion about the state’s current tort claim cap and whether that decades-old limit is adequate to address the scope of this situation.
Legislative study committee to discuss UPL
The Indiana Probate Code Study Commission, which meets for the first time this year on Wednesday, will focus on three items at its meeting, including the unauthorized practice of law.
Opinions Oct. 10, 2011 ILD
The state and federal appellate courts are closed Monday in observance of Columbus Day.
Opinions Oct. 10, 2011
The state and federal appellate courts are closed Monday in observance of Columbus Day.
Securities law conference Oct. 18
The Indiana Continuing Legal Education Forum will host a conference on securities law from 8:30 a.m. to 4:30 p.m. Oct. 18 at the ICLEF Conference Facility, 230 E. Ohio St., 5th floor, Indianapolis.
Deadline approaching for criminal justice grant
On Sept. 30, the Bureau of Justice Assistance announced an award of $4,423,859 for the Indiana Criminal Justice Institute Edward Byrne Memorial Justice Assistance Grant (JAG). The deadline to apply for JAG funds is Oct. 31.
COA affirms jury’s rejection of insanity defense
The Indiana Court of Appeals has sided with a jury in rejecting a man’s insanity plea, holding that even when crimes seem horrific and senseless, that does not mean the perpetrator is legally insane.
Opinions Oct. 7, 2011ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Joseph A. Taylor v. Alan P. Finnan
48A02-1105-MI-547
Miscellaneous. Reverses trial court’s dismissal of Taylor’s writ of habeas corpus. Affirms trial court’s finding that Taylor’s claim should have proceeded as a petition for post-conviction relief, but that the court should have transferred the case to Floyd County – where Taylor had been convicted and sentenced – rather than dismiss it. Remands to transfer the case to Floyd County.
Lisa A. Davis v. Review Board of the Indiana Department of Workforce Development and VOCA of Indiana LLC
93A02-1101-EX-14
Agency appeal. Affirms decision of the Indiana Department of Workforce Development Review Board, which affirmed a decision by an administrative law judge determining Davis had been terminated for cause and therefore was ineligible for unemployment benefits. Holds that Davis had failed to provide good cause for missing a hearing and that her employer provided substantial evidence that Davis was terminated for just cause, including theft.
Kelley Seibert d/b/a Seibert's Kennel v. Rick Bryant (NFP)
48A04-1011-SC-750
Small claim. Reverses small claims court’s judgment in favor of Bryant, holding that the trial court erred in ignoring a provision in the contract between Bryant and Seibert. Remands with orders to enter judgment in favor of Seibert.
Jerramy Moore v. State of Indiana (NFP)
49A02-1104-CR-294
Criminal. Affirms conviction of Class D felony possession of marijuana.
Bane Elliott v. State of Indiana (NFP)
79A05-1008-CR-566
Criminal. Affirms convictions of four counts of child molesting, but remands to the court to revise Elliott’s 40-year sentence to 35 years, holding that Elliott had met his burden of establishing that his sentence was inappropriate.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Oct. 7, 2011
Indiana Court of Appeals
James Fernbach v. State of Indiana
69A01-1103-CR-151
Criminal. Affirms 60-year sentence for two counts of Class A felony attempted murder, holding that the jury’s rejection of Fernbach’s insanity defense was not erroneous.
‘Best Practices’ will not advance to rulemaking stage
Indiana Supreme Court Chief Justice Randall T. Shepard signed an order Oct. 7 stating that rather than advance the Mortgage Foreclosure Best Practices to the rulemaking stage, the court will oversee the guidelines, updating them as needed.
Attorney must register as a sex offender
An attorney and former Democratic candidate for Gibson County prosecutor indicted on charges including possession of child pornography and false informing, entered into a plea agreement Tuesday that wouldn’t have required he register as a sex offender. After further review, the trial judge realized Indiana law requires him to do so.
New bankruptcy rules effective Oct. 11
The United States Bankruptcy Court, Southern District of Indiana, issued an order Oct. 5 amending local bankruptcy rules.
COA: Remonstrators didn’t request timely stay of annexation
The Indiana Court of Appeals upheld the dismissal of remonstrators’ challenge to annexation of land by the city of Evansville, finding the issue to be moot because the annexation has already been completed.
Deputy owed no duty to warn of icy road
A county sheriff’s department that doesn’t own, maintain or control a county road does not owe a common law duty to warn the public of known hazardous conditions upon the roadway, the Indiana Supreme Court ruled Thursday.
New fee allows for online payment of traffic tickets
The Indiana Supreme Court Division of State Court Administration has created an electronic system fee to allow people the ability to pay online for a traffic ticket in courts that use Odyssey.