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IBA: Ask a Lawyer

Photos from the Ask a Lawyer event in October 2011.

Mediation could benefit familes with aging parents

When siblings can’t see eye-to-eye about how to care for their aging parents, families sometimes end up settling disputes in courtrooms. But elder care mediation can help families resolve conflicts before they become matters for litigation, if only more people knew about and used this option.

IBA: Tax Liens Live After Debts, Clients Die

In Shakespeare’s The Tempest, the drunken butler, Stephano, quips, “He that dies pays all his debts.” Obviously, the Bard’s fool had no experience with tax liens, which may cause as many problems for clients during and after life as the underlying debt itself.

IBA: Nominations open for education, pro bono awards

Help the Indianapolis Bar recognize the many ways lawyers and legal professionals inspire us and help our community. Nominate your peers for IndyBar awards — to be presented at the Recognition Luncheon on November 29, 2011.

Bar Crawl – 10/26/11

Volunteers are needed to make financial education presentations at high schools.

DTCI: Recovery of workers’ comp in third-party action

An overview of the statutory rights of an employer/carrier to recover on such liens is often a good refresher as many attorneys tend to overlook this important aspect when seeking to settle their liability case.

Law School Briefs – 10/26/11

A lecture on constitutional liability at Indiana University School of Law – Indianapolis; The Indiana Supreme Court will visit the University of Notre Dame Law School.

Finding the right forum

Marion County’s small claims courts are unifying practices and ensuring litigants know their rights.

Opinions Oct. 24, 2011 ILD

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
Gerald Broude v. State of Indiana
75A03-1101-CR-37
Criminal. Affirms convictions of one count of Class A and one count of Class C felony child molesting, holding sufficient evidence exists to support the convictions and that Broude had adequate time to prepare for victim’s closed-circuit testimony. Reverses one count of Class A felony child molesting, holding that a material variance existed between the charging information and evidence presented at trial. Remands to the trial court to vacate that conviction.

Steven Nowling v. State of Indiana
31A01-1010-CR-552
Criminal. Affirms conviction of Class D felony possession of methamphetamine, holding that while a third party did not expressly consent to a search of Nowling’s room, the evidence found in that search was harmless, as it was Nowling’s testimony under oath that affirmed his possession of methamphetamine.

Isaiah Wheeler v. State of Indiana (NFP)
71A03-1103-CR-109
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

In Re: The Matter of A.G. and A.M.; A.M. v. Allen County Dept. of Child Services (NFP)
02A04-1104-JC-180
Juvenile. Affirms judgment of trial court that son was a Child in Need of Services.

Mark Williams v. State of Indiana (NFP)
49A02-1101-CR-50
Criminal. Reverses trial court’s revocation of probation.

Melvin Hall v. State of Indiana (NFP)
49A05-1104-CR-190
Criminal. Affirms convictions of Class B felony robbery and Class A misdemeanor carrying a handgun without a license.

John Shelton v. Daniel Keith Hoffman, Guardian of the Estate of Molly Dattilo (NFP)
49A05-1009-CT-606
Civil tort. Affirms trial court’s default judgment against Shelton.

Term. of Parent-Child Rel. of A.W.; T.H. and D.W. v. Indiana Dept. of Child Services (NFP)
18A02-1102-JT-161
Juvenile. Affirms termination of parental rights of mother and father.

Cecil Dowell Freeman v. State of Indiana (NFP)
42A01-1102-CR-102
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle with an alcohol concentration of at least 0.15 gram of alcohol.

Ryan Grosswiler v. State of Indiana (NFP)
27A02-1103-CR-228
Criminal. Affirms convictions of three counts of Class C felony child molesting and one count of Class A misdemeanor invasion of privacy.

Jason Hough v. State of Indiana (NFP)
38A04-1102-CR-110
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.

Sajjad Quayim Rasheed v. State of Indiana (NFP)
45A03-1103-PC-131
Post conviction. Affirms denial of petition for post-conviction relief.

Zane Padgett v. State of Indiana (NFP)
49A04-1104-PC-170
Post conviction. Affirms denial of petition for post-conviction relief.

Cynthia L. Ragsdale v. State of Indiana (NFP)
10A01-1012-CR-637
Criminal. Affirms sentence for Class D felony possession of cocaine.

Jack M. Estes II v. State of Indiana (NFP)
32A01-1010-CR-576
Criminal. Dismisses appeal, holding that according to the Indiana Supreme Court, a sanction imposed when probation is revoked does not qualify as a sentence, and that accordingly, Estes cannot appeal his sanction.

Shammy Wingo v. State of Indiana (NFP)
27A02-1103-CR-226
Criminal. Affirms jury’s determination that Wingo committed Class A misdemeanor driving while suspended, Class A misdemeanor resisting law enforcement and associated infractions.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Oct. 24, 2011

Indiana Court of Appeals
Christopher Allen Buchanan v. State of Indiana
82A01-1103-CR-139
Criminal. Affirms sentence for Class B felony child molesting, holding that trial court did not err in calculating the amount of credit time to which Buchanan was entitled and did not err in finding the age of the victim as an aggravator.

Judges interpret left turn traffic statute

Turning left from an intersection doesn’t mean you must drive into the lane closest to the center line, the Indiana Court of Appeals ruled Monday.