Valparaiso University to dedicate Heritage Hall
Following a two-year reconstruction, Valparaiso University School of Law’s oldest building – Heritage Hall – has become the newest learning space for law students.
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Opinions March 29, 2011 ILD
Indiana Court of Appeals
Mike Hawa v. Gerald R. Moore
87A01-1007-SC-344
Small claim. Affirms small claims court ruling in favor of a countersuit against property owner Mike Hawa, stating Hawa failed to provide contractor Gerald Moore with adequate assurance that Hawa would pay him for his services. States that small claims court erred by awarding Moore the cost of transporting materials after the lawsuit was filed, saying Moore should have used reasonable diligence to mitigate. Reverses with instructions to reduce Moore’s damage award amount.
Ricky D. Whitaker v. Travis M. Becker, et al.
02A03-1006-CT-303
Civil tort. Reverses trial court’s decision to deny Ricky Whitaker’s motion to correct error, stating the court’s decision was an abuse of discretion. Reverses trial court’s decision dismissing the case and awarding $3,700 to Becker’s counsel as reasonable attorney fees for unacceptable conduct. Orders sanction of Whitaker’s counsel with orders to pay $625 in reasonable attorney fees to Becker’s counsel, and remands for further consideration.
Francisco Ponce v. State of Indiana (NFP)
49A05-1008-CR-492
Criminal. Affirms trial court’s sentencing of Francisco Ponce on convictions of two counts of Class B felony aggravated battery, Class C felony battery, Class A misdemeanor resisting law enforcement, and Class C felony carrying a handgun without a license.
Eddie J. Williams, Jr. v. State Employees' Appeals Commission (NFP)
49A02-1011-MI-1269
Miscellaneous. Affirms trial court’s dismissal of appellant’s petition for judicial review of a decision by the State Employees’ Appeals Commission.
The Indiana Tax Court had posted no opinions at IL deadline.
Opinions March 29, 2011
Indiana Supreme Court
Edward Dawson v. State of Indiana
49S02-1103-CR-176
Criminal. Rules that the Indiana Court of Appeals was correct in declining Edward Dawson’s belated appeal of the trial court’s decision to revoke Dawson’s probation and impose a six-year sentence. States that the COA correctly decided that belated appeals from orders revoking probation are not presently available pursuant to Post-Conviction Rule 2, as the sanction imposed when probation is revoked does not qualify as a “sentence” under the rule.
Appellate court affirms arbitration on claims against college
With one judge frustrated that Indiana residents and students may have been “hornswoggled” by a college’s advertisements about being accredited, the Indiana Court of Appeals has upheld an order compelling arbitration on a claim that three students were fraudulently induced to enroll because of misrepresentation about that accreditation.
4 Indiana justices testify on state budget
Four of the Indiana Supreme Court justices testified before the Senate Appropriations Committee Monday night, talking to lawmakers specifically about the need for an appellate case management system, more funding for public defense, and continued fairness in how judicial officers and prosecutors are paid throughout the state.
Justices: Belated appeals rule doesn’t apply to probation revocations
The Indiana Supreme Court has put its stamp of approval on an intermediate appellate panel’s ruling last year, finding that the state’s existing Post-Conviction Rule 2 that allows for belated appeals on certain criminal cases doesn’t apply to probation revocations.
IBA: Networking Today for Opportunities Tomorrow
Never before has networking been more important to professional growth.
IBA: Where are the Great Paralegals?
Do you know an outstanding paralegal that should be recognized for his or her work? Then nominate that individual for the 2011 Paralegal of the Year Award.
IBA: Meet the Prosecutor Happy Hour
Marion County Prosecutor Terry Curry at “Meet the Prosecutor Happy Hour.”
IBA: What You Need to Know About Student Loans
Graduating from law school today without student loan debt is a rarity.
IBA: Expert Witnesses Merit Special Consideration
Fifth in a series of articles on Witness Control and Cross Examination
Law School Briefs – 3/30/11
Two Indiana law schools ranked in the top 20 of U.S. News & World Report’s annual list of top graduate schools. The American Bar Association has recognized Valparaiso University School of Law.
Maurer: Is this the Indiana we’ve always wanted?
My fellow Tea Party Republicans, I have an idea. Let’s enact legislation requiring immigrants and homosexuals to wear purple hats.
Disciplinary Actions – 3/30/11
See who’s been suspended or received a public reprimand from the Indiana Supreme Court.
Editorial: In this war of words, will anyone win?
At more than 30 days and counting, at least at Indiana Lawyer deadline, we’re not sure what will cause the Democrats elected to the Indiana House of Representatives to return to their posts at the Statehouse.
OSHA withdraws workplace noise rule interpretation after opposition
When it comes to workplace injury, one often overlooked and potentially devastating injury is hearing loss resulting from high noise levels in a workplace.
