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COA reverses and remands CHINS finding regarding stepfather

February 15, 2011

After the juvenile court adjudicated two minor children as children in need of services following their mother’s admission to allegations filed by the Indiana Department of Child Services, the majority of a Court of Appeals panel today reversed and remanded that finding in favor of the stepfather, who denied the allegations and asked for a fact-finding hearing. One Court of Appeals judge dissented, writing that she disagreed that the trial court violated the stepfather’s right to due process in this case.

Fair Finance trustee sues Indy attorney for $375,000

February 15, 2011

The bankruptcy trustee for Fair Finance Co. has filed a lawsuit against Indianapolis attorney Stephen Plopper and his wife, saying they defaulted on a 2003 loan from the defunct Tim Durham-owned business and now owe $375,000.

Opinions Feb. 15, 2011 ILD

February 15, 2011

The Indiana Supreme Court posted no opinions before IL deadline.

Indiana Court of Appeals
Deborah J. Wise v. David T. Hays, et al.
76A03-1006-PL-323
Civil. Reverses and remands trial court’s grant of the sellers’ Indiana Trial Rule 12(B)(6) motion to dismiss for failure to state a claim after a buyer filed a complaint against the sellers of real estate for fraud and negligence. Concludes that genuine issues of material fact exist as to whether the sellers made fraudulent misrepresentations on the sales disclosure form required by statute.

In the Matter of the Guardianship of J.Y., an adult; D.R. v. Carey Services, Inc., Guardian of the Person of J.Y.
27A02-1005-GU-744
Guardianship. Affirms trial court’s designation of Carey Services, Inc. as guardian of J.Y.’s person. D.R. raised one issue for review: whether the trial court abused its discretion when it designated Carey as guardian of J.Y.’s person although Carey, a domestic nonprofit corporation, cannot serve as a domiciliary personal representative of a deceased person’s estate under Indiana law.

Aubrey Davis v. State of Indiana (NFP)
49A02-1006-CR-672
Criminal. Affirms conviction, after a bench trial, of battery, as a Class A misdemeanor.

Billy Ard v. State of Indiana (NFP)
37A04-1001-CR-103
Criminal. Reverses and remands trial court’s denial, in part, of Ard’s motion for earned credit time.
 
David A. Allen v. State of Indiana (NFP)
49A02-1007-CR-745
Criminal. Affirms conviction following a bench trial for welfare fraud as a Class C felony.
 
Termination of Parent-Child Relationship of A.L., et al.; E.L. v. Indiana Dept. of Child Services (NFP)
29A04-1008-JT-540
Juvenile. Affirms termination of mother’s parental rights as to her minor children, M.F.L., M.L., H.L., and A.L.
 
Stylian Kaltsas v. Paul Harry Kaltsas (NFP)
49A02-1006-DR-676
Civil. Affirms the trial court’s order granting summary judgment to Paul Harry Kaltsas on Stylian Kaltsas’ motion to set aside the 1996 decree dissolving the parties’ marriage.
 
Tamikka S. Lucius v. State of Indiana (NFP)
45A04-1004-CR-251
Criminal. Affirms convictions of and sentences for causing death while operating a motor vehicle with a blood alcohol concentration of at least 0.15 percent; operating a motor vehicle while intoxicated; and causing serious bodily injury while operating a motor vehicle with a blood alcohol concentration of at least 0.08 percent.
 
The Indiana Tax Court posted no opinions before IL deadline.
 

Opinions Feb. 15, 2011

February 15, 2011

Indiana Court of Appeals
K.D., et al. Alleged to be C.H.I.N.S.; S.S. v. Indiana Dept. of Child Services, et al.
49A02-1004-JC-462
Juvenile. Reverses and remands juvenile court’s adjudication that the appellant-respondent’s stepchildren were children in need of services. Concludes that where, as here, one party admits to CHINS allegations while another denies them, due process entitles the contesting party to a fact-finding hearing and adjudication. The mother admitted to the allegations in the petition, but the stepfather denied the allegations and requested a fact-finding hearing.

Supreme Court suspends judge for 30 days

February 15, 2011

A 30-day unpaid suspension begins next week for Marion Superior Traffic Judge William Young, though the chief justice expects the Indiana Supreme Court would have issued a lengthier sanction if a settlement had not been reached in the misconduct case.

IBA Frontlines

February 15, 2011

Frontlines for Feb. 16, 2011.

IBA: Nod to professionalism

February 15, 2011

R. Anthony Prather

Hebenstreit: Banding Together for the Greater Good

February 15, 2011

Usually, the collective body of a group can accomplish greater good than the individual parts. That is one reason people band together, be it for religious purposes, political ideals, or service to a community. This is certainly true of your IndyBar.

IBA: When Disaster Strikes

February 15, 2011

Icepocalypse 2011 is finally beginning to melt.hankfully, no local practitioners experienced damage to their offices due to collapsed roofs or other storm damage. However, if they had what were the chances they had a disaster plan in place to deal with the aftermath?

IBA: Two Hours Can Change a Life

February 15, 2011

Provide the community with the opportunity to not only gain free legal advice, but to get to know what great community servants lawyers are by volunteering to assist with the Indianapolis Bar Association’s April 12, 2011 Ask a Lawyer program.

IBA: Local Attorneys to Lead Baker & Daniels

February 15, 2011

Baker & Daniels LLP has announced its top leadership positions for 2011, including the election of Indianapolis lawyer David Barrett and re-election of Hud Pfeiffer to three-year terms on the law firm’s strategic and policy board.

IBA: Eliminate Surprises; Use Caution and Care When Changing Fee Agreements

February 15, 2011

It’s a typical case and the potential client and you have agreed to a flat fee of $10,000 for the entire representation. However, as the case trudges through the system, the case requires more work than expected. You should get paid for the extra work, right?

Students help with tax prep; lecture discusses colleges’ decisions

February 15, 2011

Law School Briefs is Indiana Lawyer’s section highlighting news from law schools in Indiana. While IL has always covered law school news and continues to keep up with law school websites and press releases for updates, we gladly accept submissions for this section from law students, professors, alumni, and others who want to share law […]

Letters to a New Lawyer: Building blocks for a successful legal career

February 15, 2011

After practicing law for nearly four decades, it is a joy to share some thoughts with new lawyers who are beginning their practice.

Environmental bills to watch

February 15, 2011

A number of bills with environmental impact have been introduced in both houses of the Indiana Legislature for 2011.

Financing new energy creators

February 15, 2011

When attorney John Kirkwood sees a garbage dump, his mind not only starts wandering toward the renewable energy that could be produced at that site but also an expanding field of law that’s drawing more lawyers into the environmental fold.

Disciplinary Actions – 2/16/11

February 15, 2011

See who was recently suspended.

DTCI: Is the notion of a ‘happy lawyer’ an oxymoron?

February 15, 2011

A “happy lawyer” – do you know any such creature? By coincidence (or maybe not), two recent but random events caused me to consider this question, of all things, in the middle of this long winter season.

Sidebars: Court House Grounds serves up ‘comfort’ food

February 15, 2011

Authors give Danville restaurant three gavels.

Editorial: All who serve as judges should be lawyers

February 15, 2011

Judges Mark Stoner and Terry Shewmaker explain why a proposed bill would protect Hoosiers’ rights by making sure that law-trained judges preside over all cases in Indiana.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrate judges

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • Trump selects Wheeler, Mildred as U.S. Attorney nominees in Indiana, Banks says

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