COA sides with man accused of stealing hotdogs
The Indiana Court of Appeals says a man who was fired for snatching two hotdogs from the company refrigerator is entitled to unemployment benefits.
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COA: Judge can cite statutes and facts not in CHINS petition
The Indiana Court of Appeals has found that a Hendricks Superior judge didn’t step outside his authority when referencing statutes and facts not specifically cited in a Department of Child Services petition alleging two minor boys were Children in Need of Services.
Supreme Court suspends Gary attorney
The Indiana Supreme Court has suspended a Gary attorney who has been the subject of suspension or reprimand three times since 1992.
Opinions July 6, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
James W. Oldham v. State of Indiana (NFP)
49A02-1009-CR-974
Criminal. Affirms convictions of two counts of Class B felony robbery and two counts of Class B felony criminal confinement.
Aaron Aaron v. State of Indiana (NFP)
34A02-1101-CR-187
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.
Nynthia Richardson v. BAC Home Loans Services L.P., et al. (NFP)
27A02-1011-MF-1206
Mortgage foreclosure. Affirms trial court’s denial of motion to set aside a default judgment entered in favor of BAC Home Loans Servicing.
S.R. v. Review Board (NFP)
93A02-1011-EX-1233
Civil. Affirms decision by Indiana Department of Workforce Development’s Review Board that Stephen Riner voluntarily left employment without good cause and is not eligible for unemployment benefits.
Roy L. Harrison v. State of Indiana (NFP)
49A02-1010-CR-1094
Criminal. Reverses trial court’s revocation of probation, holding that a probable cause affidavit was filed improperly and therefore cannot be used to establish an alleged probation violation. Remands for new hearing on probation revocation.
Douglas Mowry v. State of Indiana (NFP)
49A02-1009-CR-1017
Criminal. Affirms conviction of Class A misdemeanor domestic battery.
Patrick W. Scholl v. State of Indiana (NFP)
71A03-1012-CR-663
Criminal. Affirms trial court’s denial of motion to dismiss and affirms court’s authorization of lifetime driver’s license suspension.
Robert Hinton v. State of Indiana (NFP)
49A02-1012-CR-1330
Criminal. Affirms trial court’s denial of Robert Hinton’s motion to withdraw a guilty plea to Class A felony dealing in cocaine.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions July 6, 2011
Indiana Court of Appeals
J.L., Child Alleged to be C.H.I.N.S.; J.L. v. I.D.C.S.
32A01-1010-JC-532
Juvenile CHINS. Affirms trial court’s finding that mother’s two sons are children in need of services, because of the mother’s repeated unsubstantiated claims that the father was abusing the boys.
Court awarding grants for CHINS, parental termination programs
The Indiana Court Improvement Project is giving out up to $350,000 in grants aimed at helping children and families who are navigating through the state’s child welfare system.
Disciplinary Actions
Read about disciplinary action recently handed down by the Indiana Supreme Court.
Justices keep pace with past years’ activity
In the final days before its fiscal calendar year ended, the Indiana Supreme Court kept pace with past years’ activity levels.
Pharmacy group sues over state’s Medicaid fee cut
A non-profit group for local pharmacies statewide is suing the state’s Medicaid office in federal court, attempting to block cuts to the fees given to local pharmacies participating in the Medicaid program.
Indiana securities attorney dies
Prominent Indiana trial attorney Thomas A. Hargett, who obtained a $262 million jury verdict against a securities company nearly a decade ago, died last week after battling cancer.
Editorial: IndyBar – Your Source for Information
Back in the day, even before I joined the IndyBar staff, there was a singular method for communicating with our members. Known as the Bulletin, it was a printed elongated postcard readily identified for its unique size and concise information.
IBA: Indiana Legislature Passes New Guardianship Laws
The Indiana legislature passed several new guardianship laws in the 2011 legislative session which impact guardianships of minor children and incapacitated adults.
Opinions July 5, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Larry E. Snell v. K-Industrial, LLC (NFP)
02A03-1010-CC-523
Collections. Affirms trial court’s judgment in favor of K-Industrial and trial court’s partial summary judgment in favor of Larry Snell. Reverses award of attorney fees to Snell, holding that Snell’s complaint did not arise from his agreement with K-Industrial.
Jasper L. Chastain v. State of Indiana (NFP)
47A01-1009-CR-543
Criminal. Affirms sentence for Class B felony dealing in methamphetamine.
John Battles v. State of Indiana (NFP)
49A02-1012-CR-1279
Criminal. Affirms conviction of Class D felony auto theft.
Duron Reese Smith v. State of Indiana (NFP)
71A03-1012-CR-679
Criminal. Affirms convictions of Class C felony battery.
Michael D. Webb v. State of Indiana (NFP)
82A03-1011-CR-599
Criminal. Affirms consecutive sentences for two counts of resisting law enforcement.
Christopher C. Craft v. State of Indiana (NFP)
84A01-1010-CR-530
Criminal. Affirms sentence for Class A felony burglary.
Claude R. Fisher v. State of Indiana (NFP)
45A03-1010-CR-530
Criminal. Affirms sentence for Class C felony battery.
Kathy Atkinson v. Indiana Family and Social Services Administration (NFP)
49A02-1101-PL-28
Civil plenary. Affirms trial court’s decision on judicial review affirming the State of Indiana Family and Social Services Administration’s finding that Kathy Atkinson owed $4,956 due to overpayment of food stamp benefits.
Indiana Tax Court had posted no opinions at IL deadline.
IBA: Lawyer Advertising: The Truth May Not Set You Free
Indiana’s new advertising rules apply to more than just billboards and Yellow Page ads. Rule 7.2(a) of the Rules of Professional Conduct defines “advertising” as “any manner of communication partly or entirely intended or expected to promote the purchase or use of professional services.” That means that the advertising rules may cover communications on your website, your blog and even on your Facebook page.
Opinions July 5, 2011
Indiana Court of Appeals
Larry E. Snell v. K-Industrial, LLC (NFP)
02A03-1010-CC-523
Collections. Affirms trial court’s judgment in favor of K-Industrial and trial court’s partial summary judgment in favor of Larry Snell. Reverses award of attorney fees to Snell, holding that Snell’s complaint did not arise from his agreement with K-Industrial.
Hammond traffic judge faces misconduct charges
Hammond City Judge Jeffrey A. Harkin faces three misconduct charges for operating an illegal traffic school deferral program and dismissing cases without collecting required fees, as well as dissuading one litigant from contesting a seatbelt violation in court.
The law of art
Katie Zarich, deputy director of public affairs for the Indianapolis Museum of Art, had worked for the IMA for a year when she decided to go to law school. She applied only to Indiana University School of Law-Indianapolis, knowing that she wanted to continue working for the museum as she attended class at night.
DTCI: Summer associates: Find your ‘Bill Wooden’ mentor
DTCI member Misha Rabinowitch reflects on his mentor, Bill Wooden.