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An Indiana Court of Appeals judge dissented from his colleagues because he believed the majority’s ruling placed an “impossible burden” on contractors regarding whether a homebuyer was rightfully on the premises the day she was injured.
Most of the lawyers at a civil litigation firm in Indianapolis are departing for one of the city's largest law firms at the end of the year, dissolving a firm with a rich history that's been evolving since the early 1980s and has included some high-profile attorneys such as Birch and Evan Bayh.
A mid-sized Indianapolis law firm more than two decades old is dissolving as most of the lawyers are leaving for one of the city’s largest firms at the end of the year.
The fifth largest Indianapolis law firm is laying off 10 attorneys, two paralegals, and 13 support staff because of the tumultuous economy.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Marion County Auditor & McCord Investments v. Sawmill Creek
49A02-0912-CV-1192
Civil. Affirms order granting motion filed by Sawmill Creek to set aside a tax deed the auditor issued to McCord investments. Follows the holding of the U.S. Supreme Court in Jones to agree with the trial court that the owner of the lot, Sawmill Creek, wasn’t provided constitutionally adequate notice of the tax sale.
Carlton J. Harwood v. State of Indiana (NFP)
57A03-1005-CR-263
Criminal. Affirms conviction of Class A felony dealing in methamphetamine.
T.P. v. Review Board of the Ind. Dept. of Workforce Development and Central Indiana Cooling & Heating (NFP)
93A02-1003-EX-297
Civil. Affirms that T.P. was ineligible for unemployment benefits because he was discharged for just cause.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Marion County Auditor & McCord Investments v. Sawmill Creek
49A02-0912-CV-1192
Civil. Affirms order granting motion filed by Sawmill Creek to set aside a tax deed the auditor issued to McCord Investments. Follows the holding of the U.S. Supreme Court in Jones to agree with the trial court that the owner of the lot, Sawmill Creek, wasn’t provided constitutionally adequate notice of the tax sale.
The Family and Social Services Administration’s adverse action notices pertaining to public benefits programs that don’t name specific missing eligibility documents don’t comport with the requirement of procedural due process, the Indiana Court of Appeals ruled Friday.
The Indiana Court of Appeals reversed summary judgment in favor of a bar because the trial court was incorrect in ruling that an injured man’s voluntary intoxication precluded any recovery under the Dram Shop Act.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Paul J. Kocielko v. State of Indiana
20A03-1002-CR-218
Criminal. Affirms conviction of Class B felony sexual misconduct with a minor and habitual offender adjudication. Remands with instructions to set aside Class C felony conviction of and sentence for sexual misconduct with a minor because Kocielko committed acts against a single victim in one confrontation, so double jeopardy prohibitions prevented his being convicted of and sentenced for the Class C felony charge. Affirms in all other respects.
Kenneth Pope and Judie Pope v. Hancock County Rural Electric d/b/a Central Indiana Power
30A05-1001-CT-3
Civil tort. Affirms order granting Central Indiana Power’s motion for judgment on the evidence in the Popes’ suit alleging the company was negligent because its failure to timely restore power to their home caused Kenneth to injure himself in the dark. The Popes didn’t establish that a standard of care existed by which CIP should have worked to restore power to its customers after the storm and that there was a breach of that standard of care. CIP’s actions were not the proximate cause of Kenneth’s injuries.
Indiana Tax Court had posted no opinions at IL deadline.
7th Circuit Court of Appeals
United States of America v. Juan A. Corona-Gonzalez a/k/a Juan R. Ramirez
09-3993
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David F. Hamilton.
Criminal. Reverses sentence for drug convictions and possession of a firearm in furtherance of a drug trafficking crime. There is a substantial chance that the District Court’s misapprehension of whether Corona-Gonzalez was deported and returned to the country illegally played a significant role in the adjudication of his sentence. Remands to allow the District Court to reassess the sentence free of the factual misapprehension.
Phillip L. Bayt has been chosen as the new leader for Indianapolis-based law firm Ice Miller. Bayt will take over chief managing partner duties Jan. 1 from Byron Myers, whose term expires at the end of the year.
The Indiana Court of Appeals found a Colorado attorney and his brother engaged in procedural bad faith in appealing the third amended final accounting of their deceased mother’s estate and ordered them to pay appellate attorney’s fees to the estate.
The 7th Circuit Court of Appeals ordered an Indiana District Court to take another look at a man’s sentence because the judge cited incorrect information during sentencing.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
David E. Stutsman v. State of Indiana (NFP)
87A01-1003-CR-187
Criminal. Affirms convictions of Class B felony dealing in methamphetamine, Class D felony possession of two or more chemical reagents or precursors with intent to manufacture a controlled substance, Class D felony possession of methamphetamine, Class D felony maintaining a common nuisance, and Class A misdemeanor possession of paraphernalia.
Elizabeth Littlefield v. State of Indiana (NFP)
49A02-1003-CR-266
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.
Demond Withers v. State of Indiana (NFP)
49A04-1003-CR-182
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.
Michael Calhoun v. State of Indiana (NFP)
25A05-1003-CR-227
Criminal. Affirms partial denial of motion to correct erroneous sentence and denial of motion to correct error.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
William R.D. Britt v. State of Indiana
02A03-1004-CR-253
Criminal. Affirms convictions of Class B felony robbery, Class D felony criminal recklessness, and Class A misdemeanor carrying a handgun without a license. The trial court didn’t abuse its discretion in refusing to allow Britt’s counsel to introduce evidence of his brother Brandon’s prior robbery conviction.
To celebrate the anniversary of the United Nations’ adoption and proclamation of the Universal Declaration of Human Rights, various human rights organizations based in Central Indiana will host the program, “Human Rights Defenders: Voices from the Community,” at Indiana University School of Law – Indianapolis.
Because a man’s detention following a traffic stop wasn’t supported by reasonable suspicion, the Indiana Court of Appeals reversed his drug conviction today.
The Indiana Court of Appeals found a trial court didn’t err by not letting a defendant introduce evidence of his brother’s prior robbery because the defendant wasn’t attacking the brother’s credibility.
The Indiana Court of Appeals affirmed a Marion Superior judge’s decision to enforce a disputed settlement agreement, finding the parties agreed to the essential terms resolving the issues between them.
A lawsuit brought by parents and three school corporations regarding the state’s school-funding formula has been allowed to proceed, a Hamilton Superior judge ruled.