Convictions a likelihood in Fair Finance case
Defense attorneys representing indicted businessman Tim Durham and two other executives tied to bankrupt Fair Finance Co. could have a hard time convincing a jury of their innocence.
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Fund awards victim of disbarred lawyer
The Indiana State Bar Association’s Clients’ Financial Assistance Fund Committee has awarded a woman $14,973 for losses she suffered due to the dishonest acts of disbarred South Bend attorney Rod Sniadecki.
COA accepts appeal on Camm prosecutor
The Indiana Court of Appeals has accepted an interlocutory appeal addressing whether a southern Indiana prosecutor should be able to stay on the third triple-murder trial of former Indiana State Police trooper David Camm
Quality of Life: Techniques to help kick the worry habit
Jonna Kane MacDougall offers advice on banishing the worry from your life.
Girl Scouts learn law, bar offers scholarships
Girl Scouts from Indiana recently learned about the law and legal careers. Also, the Johnson County Bar Association is offering scholarships to local students.
Revising rules on agency lawyers
Attorneys from outside Indiana should know this: The process for practicing before state administrative agencies, even temporarily, is changing and may impact your ability to practice law in this state.
Notario publico issues surface again
Years ago, the Indiana Supreme Court made it clear what non-lawyers could and could not do related to immigration services. Crossing the line might be considered the unauthorized practice of law. Now, two people in Indiana are facing the consequences of doing exactly that.
Protective Order Pro Bono Project offers training
For the last 10 years, volunteer attorneys and students in central Indiana have been helping domestic violence victims obtain protective orders, but before embarking on this process, volunteers must be trained on various matters.
Respected leaders in U.S. Attorney’s Office for Southern District retire
Two longtime leaders in the U.S. Attorney’s Office for the Southern District are retiring this month, taking with them more than a half century of combined legal experience.
Legal analysts use media to educate public about issues
Lawyers and judges who eat, sleep, and breathe the law might find it easy to forget that not everyone understands the finer points of how the justice system works. This is where legal commentators – analysts of the inner workings of the legal system – come into play.
7th Circuit upholds tax, fraud conviction against attorney, wife
The 7th Circuit Court of Appeals has upheld the finding that a Brownsburg attorney and his wife fraudulently withheld their 2001 income from the Internal Revenue Service through an elaborate shell game.
COA: Township not required to pay for private school shuttle
A school township in Marion County isn’t legally required to transport nonpublic school students to their private schools, the Indiana Court of Appeals affirmed.
Opinions March 28, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Sean T. Ryan v. Dee Anna Ryan
71A03-1009-DR-453
Domestic relation. Reverses denial of Sean Ryan’s motion for relief under Indiana Trial Rule 60(B)(8) regarding the prices set for the sale of real estate as listed in the settlement agreement. The trial court abused its discretion in denying his motion for relief from judgment without hearing pertinent evidence. Remands with instructions.
Arnaldo Trabucco v. Pamela Trabucco
03A05-1003-DR-195
Domestic relation. Affirms the trial court’s use of income averaging to compute Arnaldo Trabucco’s child support obligation. The trial court did not err in using an income averaging approach to calculate his weekly gross income for child support and in including funds set aside for their son’s college and other accounts within the marital estate. Remands with instructions to consider whether the Home Federal IRA and IRA #1491 were consolidated into another IRA and therefore should not have been counted separately. Remands to also provide a detail explanation of how the trial court arrived at the specific value assigned to a coin collection.
Capitol Construction Services v. Farah, LLC
49A04-1006-PL-354
Civil plenary. Affirms order denying Capitol Construction Services’ motion to dismiss demand for arbitration in favor of Farah LLC. Farah has not waived its right to arbitrate and equity favors the result reached by the lower court.
Steven A. Wright v. State of Indiana (NFP)
20A03-1004-CR-233
Criminal. Affirms convictions of Class A felony and Class C felony child molesting.
G.F. v. R.F. (NFP)
26A01-1008-DR-395
Domestic relation. Affirms denial of father’s petition for modification of child custody.
Cynthia Taylor v. Community Hospitals of Indiana, Inc. (NFP)
49A04-1008-PL-499
Civil plenary. Affirms summary judgment in favor of Community Hospitals of Indiana after Taylor fell and was injured in the hospital.
Ashley Straub v. State of Indiana (NFP)
92A05-1007-CR-458
Criminal. Affirms convictions of two counts of dealing in a schedule I controlled substance as Class B felonies, and one count of Class D felony possession of a schedule I controlled substance.
Alois Cronauer v. Starke Co. Jail, et al. (NFP)
75A03-1009-PL-496
Civil plenary. Affirms denial of motion for relief under Indiana Trial Rule 60(B).
Kristin M. Escamilla v. State of Indiana (NFP)
45A04-1009-CR-570
Criminal. Affirms sentence following guilty plea to Class B felony dealing in narcotics.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court dismissed one appeal for the week ending March 25.
Opinions March 28, 2011
7th Circuit Court of Appeals
Scott C. Cole and Jennifer A. Cole v. Commissioner of Internal Revenue
10-2194
U.S. Tax Court, Judge Diane L. Kroupa.
Tax. Affirms finding that the Coles omitted more than $1.2 million of income and more than $1.3 million of self-employment income from their 2001 joint tax return and that they fraudulently avoided tax liability. The Coles did not show clear error in the Tax Court’s finding that because they did not produce credible documentary or other evidence showing otherwise, that the commissioner’s reconstruction of their income was “reasonable and substantially accurate.”
Law school to host symposium on Defense of Marriage Act
Indiana University Maurer School of Law will host a mini-symposium on same-sex marriage and the Defense of Marriage Act to discuss lawsuits and controversies surrounding the issue.
AG files criminal UPL, tax evasion charges against ‘notario publico’
Adding to what it has already done in targeting two “notario publicos” for illegally offering immigration services, the Indiana Attorney General’s Office has now filed a criminal Unauthorized Practice of Law charge and several tax evasion counts against one of those non-lawyers who was operating in Indianapolis.
COA cites double jeopardy clause in reversal of conviction
The Indiana Court of Appeals has ruled that a truck driver who caused an accident that killed a highway worker should not have been convicted of two Class C felonies, citing double jeopardy standards.
Opinions March 25, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Brian Calaway v. State of Indiana (NFP)
49A02-1008-CR-953
Criminal. Affirms conviction of Class D felony theft and Class A misdemeanor battery.
Term. of Parent-Child Rel. of J.M.; B.M. v. IDCS (NFP)
32A01-1008-JT-455
Juvenile termination of parental rights. Affirms order terminating father’s parental rights.
Douglas (Sommers) Summers v. State of Indiana (NFP)
34A02-1007-CR-876
Criminal. Affirms sentence for Class D felony sexual battery.
Term. of Parent-Child Rel. of S.W.; C.W. v. IDCS (NFP)
49A02-1007-JT-913
Juvenile termination of parental rights. Affirms juvenile court’s order terminating mother’s parental rights.
Bronco L. Morgan v. State of Indiana (NFP)
20A04-1008-CR-577
Criminal. Affirms conviction of and sentence for Class A felony attempted murder.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions March 25, 2011
Indiana Court of Appeals
William Hurt v. State of Indiana
82A04-1006-CR-414
Criminal. Affirms Hurt’s conviction of Class C felony reckless disregard of a traffic control device in a highway workzone resulting in death, ruling that Hurt had seen the traffic controls repeatedly on his several trips through the workzone, prior to the fatal crash. Reverses Hurt’s conviction for Class C felony reckless operation of a vehicle in a highway workzone resulting in death, on double jeopardy grounds.
Judges split on child support modification
An Indiana Court of Appeals judge dissented from his colleagues, finding their decision regarding child support promotes “formalism over fairness and legalism over common sense.”