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DTCI: Defensive litigation and essential steps to corporate protection
When asked about the areas of law in which I practice, I say, among others, business law and litigation. Inevitably I am greeted with a curious look and a cocked head similar to a dog that has just heard a strange noise.
Court rules on genetic patents
The U.S. Court of Appeals for the Federal Circuit issued a ruling July 29 in a case that raised fundamental questions about the patentability of human genes.
Casino winnings pay child support
Indiana’s casinos have blocked payouts to hundreds of state gamblers who are behind on their child support payments during the past year.
On the Move – 8/17/11
See who has joined Indiana firms, who has been honored, and who has opened new locations.
Determining dependency in child support
A new law merges what guidelines had previously only recommended.
Formalizing relationships between unmarried couples
As the number of domestic partnerships increases, more couples are seeking legal agreements.
Beyers: Law makes dishonesty legal on applications
Attorney Bill Beyers writes about a new law enacted by the Legislature that has made it easier for people with a criminal history to obtain employment.
Lawyer pays his ‘civic rent’ through donation
An Indianapolis attorney hopes he can help spread the word in the legal community about the need for potential blood and bone marrow donors.
Cooler heads prevail in ABA-NALP rift
Reporter Jenny Montgomery writes about the conflict between the American Bar Association and NALP regarding collecting data from law schools.
Rising CHINS cases cause concern
Southern Indiana counties struggle with increase in child abuse cases.
Indiana courts contemplate response to potential juror apathy
Kelly Scanlan can’t understand why people don’t want to serve on juries or why some don’t even respond to questionnaires and show up when called.
Appeals court: Federal judge should decide on state law claims
The 7th Circuit Court of Appeals has sent a case back to an Indianapolis judge, saying she didn’t properly weigh whether the case should be prolonged on remand to Hamilton Superior Court instead of her deciding on the issues that have already been fleshed out in federal court during the past year and a half.
Opinions Aug. 15, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
T.W. v. State of Indiana
54A01-1103-JV-125
Juvenile. Affirms order that T.W. must register as a sex offender for 10 years. In the absence of any constitutional constraints, it was entirely the General Assembly’s prerogative to grant Indiana courts the subject matter jurisdiction to enter orders requiring certain juveniles to register as sex offenders. The trial court did not abuse its discretion in overruling T.W.’s objections to the testimony of two court-appointed psychologists.
Jimmy Robinson v. State of Indiana (NFP)
20A03-1101-CR-57
Criminal. Affirms convictions of two counts of Class A misdemeanor invasion of privacy.
J.B. Whitelow v. State of Indiana (NFP)
45A05-1009-CR-586
Criminal. Affirms convictions of felony murder, Class C felony attempted battery, and adjudication as an habitual offender.
The Education Resources Institute v. Douglas L. Krasnoff (NFP)
49A02-1007-CC-899
Civil collections. Reverses dismissal of The Educational Resources Institute’s suit against Krasnoff. Remands for a new trial.
Lee Tibbetts v. State of Indiana (NFP)
49A05-1010-CR-609
Criminal. Affirms convictions of and sentence for four counts of Class A felony child molesting, two counts of Class C felony child molesting, and one count of Class D felony vicarious sexual gratification.
Cesar Sanchez v. State of Indiana (NFP)
06A01-1103-CR-111
Criminal. Reverses sentence for Class C felony operating a vehicle after forfeiture of license for life and Class D felony operating a vehicle while intoxicated. Remands with instructions to issue a revised sentence as detailed in the opinion. Judge Bradford dissents.
Leonard E. Luna v. State of Indiana (NFP)
57A03-1103-CR-114
Criminal. Affirms conviction of Class D felony intimidation.
J.F. v. State of Indiana (NFP)
92A04-1103-JV-149
Juvenile. Affirms adjudication as a juvenile delinquent for committing what would be criminal recklessness if committed by an adult.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court did not grant or deny transfer to any cases for the week ending Aug. 12.
Opinions Aug. 15, 2011
Indiana Court of Appeals
T.W. v. State of Indiana
54A01-1103-JV-125
Juvenile. Affirms order that T.W. must register as a sex offender for 10 years. In the absence of any constitutional constraints, it was entirely the General Assembly’s prerogative to grant Indiana courts the subject matter jurisdiction to enter orders requiring certain juveniles to register as sex offenders. The trial court did not abuse its discretion in overruling T.W.’s objections to the testimony of two court-appointed psychologists.
Court could find juvenile must register as sex offender
A Montgomery Circuit Court had subject matter jurisdiction to order a juvenile to register as a sex offender for 10 years, the Indiana Court of Appeals held Monday.
Judge reduces death sentences to life without parole
If he’d had the ability more than three years ago to factor in a jury’s deadlocked view on the death penalty, a southern Indiana judge says he would have imposed life without parole rather than the death penalty for a man convicted of triple murder.
11th Circuit strikes portion of health-care reform law
The 11th Circuit Court of Appeals in Atlanta ruled on a challenge to the federal health-care law filed by numerous states, including Indiana, and found the federal mandate that individuals have to purchase health insurance or face a penalty to be unconstitutional.