Justices uphold murderer’s convictions
The Indiana Supreme Court has affirmed that a man will serve life in prison without parole for his role in the murders of seven people in Indianapolis in 2006.
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Appeals court reverses judge on visitation ruling
The state’s intermediate appellate court has reversed a southern Indiana judge’s ruling that a boyfriend should retain visitation rights over an ex-girlfriend’s child. It ruled that the finding is contrary to law because lawmakers didn’t allow for that type of circumstance to warrant visitation.
Federal judge finds U.S. law preempts state ‘robo-call’ statute
The state is not able to prevent out-of-state entities from placing political calls to residents within Indiana because of an existing federal law, according to a federal judge’s ruling on Indiana’s auto-dialer statute.
Indiana asks U.S. Supreme Court to take health care law challenge
Indiana and 25 other states have filed a petition for writ of certiorari with the Supreme Court of the United States asking the nation’s highest court to rule on a lawsuit involving the Affordable Care Act.
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.
Opinions Sept. 27, 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
Term. of Parent-Child Rel. of A.B.; E.B. v. IDCS (NFP)
79A05-1102-JT-102
Juvenile. Affirms termination of father’s parental rights.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 27, 2011
Indiana Court of Appeals
Term. of Parent-Child Rel. of A.B.; E.B. v. IDCS (NFP)
79A05-1102-JT-102
Juvenile. Affirms termination of father’s parental rights.
Fair Labor Association presents talk at Notre Dame law school
On Oct. 3, the University of Notre Dame Law School will host presenters from the Fair Labor Association and civil rights and apparel industry experts to discuss “Migration and Modern-Day Slavery in Supply Chains.”
IBA: Evening Under The Stars
The Indianapolis Bar Foundation Evening Under the Stars dinner was held Sept. 9.
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: 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.
Unique court marks 10th anniversary
The state’s only community court marks its 10th anniversary this year with a celebration planned for Sept. 29.