Justices rule on lawyer liablity coverage case
Questions exist as to whether the professional liability coverage carrier for a disbarred attorney misled two former clients about helping them collect on legal malpractice claims.
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Opinions June 21, 2011 ILD
7th Circuit Court of Appeals
United States of American v. Donella Locke
10-1351.
Criminal. Affirms convictions on five counts of wire fraud. Vacates Donella Locke’s 71-month sentence and restitution order and remands for resentencing proceedings, holding that the length of the sentence and amount of restitution were based in part on conduct not necessarily encompassed in the charges of conviction. Also holds that the court erred in ordering Locke to pay restitution to victims not clearly harmed by the conduct in Locke’s counts of conviction.
Indiana Court of Appeals
Darrell Farmer v. State of Indiana (NFP)
49A02-1007-CR-772
Criminal. Affirms trial court’s denial of motion for a mistrial, holding that Darrell Farmer failed to establish bias or prejudice.
Donnett Phillips v. State of Indiana (NFP)
49A02-1011-CR-1244
Criminal. Affirms convictions of battery and public intoxication, both Class B misdemeanors.
Andre White v. State of Indiana (NFP)
49A04-1009-PC-616
Post-conviction relief petition. Affirms court’s denial of post-conviction relief petition.
Raymond Cain v. State of Indiana (NFP)
22A01-1011-CR-605
Criminal. Affirms six-year sentence with two years suspended to probation for Class C felony child exploitation.
Latoya Duncan v. State of Indiana (NFP)
22A01-1007-CR-365
Criminal. Reverses sentence of eight years with two years suspended to probation, following guilty plea to Class B felony dealing in cocaine, holding that Latoya Duncan’s lack of criminal background and character make her a good candidate for probation. Remands with instructions to vacate sentence and resentence consistent with appeals court’s opinion.
Demarcus Verse v. State of Indiana (NFP)
71A03-1012-CR-628
Criminal. Affirms convictions of Class D felony strangulation and related charges.
Term. of Parent-Child Rel. of D.M.; E.M. v. I.D.C.S. (NFP)
46A03-1012-JT-676
Juvenile. Affirms involuntary termination of father’s parental rights.
James C. Ritenour, Jr. v. State of Indiana (NFP)
75A03-1009-CR-512
Criminal. Affirms conviction of and sentence for Class C felony attempted battery.
Eric M. Schuler v. State of Indiana (NFP)
48A02-1009-CR-1063
Criminal. Affirms court’s order revoking probation and imposing four years of previously suspended sentence.
Steven Connors v. State of Indiana (NFP)
71A05-1011-CR-776
Criminal. Affirms conviction of Class B felony arson.
Tommie Rivers v. State of Indiana (NFP)
49A05-1011-CR-763
Criminal. Affirms convictions of Class A misdemeanor possession of marijuana, and Class A misdemeanor driving while suspended.
Phillip D. Laster v. State of Indiana (NFP)
02A05-1011-CR-727
Criminal. Affirms conviction of Class D felony domestic battery and remands with instructions to vacate “consecutive” sentence for habitual offender adjudication and to attach the enhanced sentence to the domestic battery sentence.
Indiana Tax Court had posted no opinions as of IL deadline.
Opinions June 21, 2011
7th Circuit Court of Appeals
United States of American v. Donella Locke
10-1351.
Criminal. Affirms convictions on five counts of wire fraud. Vacates Donella Locke’s 71-month sentence and restitution order and remands for resentencing proceedings, holding that the length of the sentence and amount of restitution were based in part on conduct not necessarily encompassed in the charges of conviction. Also holds that the court erred in ordering Locke to pay restitution to victims not clearly harmed by the conduct in Locke’s counts of conviction.
Supreme Court aligns with trial court in dog-attack case
The Indiana Supreme Court has affirmed a trial court judge’s finding that the city of Evansville and its animal control division are not liable in a dog attack that seriously injured a boy.
Students receive diverted sentences following protest in governor’s office
On June 14, five undocumented immigrant students received diverted sentences for criminal trespass charges stemming from an incident in May.
Hebenstreit: My, it goes by so quickly!
Michael Hebenstreit writes about Julie Armstrong’s 20th anniversary with the IBA.
IBA: Helping Clients Give Children a Home
Staff attorney Laurie Goggins at Indianapolis Legal Aid Society Inc. writes about helping clients become guardians.
IBA: Nod to professionalism
Chris Scanlon has earned the reputation as an adept litigator of complex cases.
IBA: McGoff Named Chair of Nominating Committee
The nomination period has begun for the 2012 Board of Directors of the Indianapolis Bar Association, and Kevin McGoff of Bingham McHale has been appointed to chair the effort.
Justices asked to rehear Barnes
The Indiana Supreme Court is being asked to revisit a ruling on a person’s right to resist illegal law enforcement entry into one’s home, and 71 state legislators have signed an amicus curiae brief asking the justices to narrow their decision.
DTCI: A refresher in insurance defense client and company reporting
Communication is vital to maintaining ethical obligation, professionalism, and civility in client representation.
A century of Indiana lawyers
Patrick Myers Sullivan became one of the state’s newest attorneys this spring, and in doing so a fourth consecutive generation in his family entered the legal profession.
Sidebars: ‘A Taste of Europe’ found in Indianapolis
Attorneys Jennifer Lukemeyer and Frederick Vaiana give the grocer three gavels.
Barnes used as excuse to challenge merit selection
We surmised it would only be a matter of time before the clamor began, but we were a little taken aback at how few days passed after the Indiana Supreme Court decision in Barnes v. State was issued before a legislator told us he would put together a proposal to change the merit selection process that’s been in place for our appellate courts for nearly 40 years.
Indiana Legal Services weathers budget cuts
The ILS board has taken cost-cutting steps, which include not renewing staff contracts.
Justices rule vehicular flight from police is ‘violent’ felony
The nation’s highest court affirmed an Indianapolis federal judge’s ruling, finding that someone who flees from police in a vehicle is committing a “crime of violence” that justifies a longer sentence.
Annual solo and small firms conference reaches out to law students
This year, nearly 30 students from Indiana law schools attended the Indiana State Bar Association’s 10th Solo & Small Firm Conference.
Annual Supreme Court review shows more agreement, shifts in alignment
Welcoming a new justice was undeniably the most notable moment for the Indiana Supreme Court in 2010. That lineup change captured the headlines, but it’s not the only item of interest for Indiana court-watchers.
