Women’s Ben Bar Retreat in March; Legal Aid hosts fundraiser
In Bar Crawl, get more information on the ISBA’s Women’s Bench Bar Retreat upcoming in March and a fundraiser to benefit the Legal Aid Corporation of Tippecanoe County.
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Lawyer couples
While some couples prefer to keep their work and personal lives separate, it’s not unheard of for lawyers to pair up. Four couples shared their stories with Indiana Lawyer.
Distribution of judicial decisions still evolving
Nestled on a top shelf in the Indiana Supreme Court’s law library, the book doesn’t stand out, and one might not look at it any differently than the others nearby.
IU law school program in Egypt halted due to protests
Students started classes in January but there is uncertainty when they will resume because of the unrest in the country.
Emergency transfers by Supreme Court not common
What attorneys might consider an emergency legal issue may not draw the same urgency from the Indiana Supreme Court. In fact, it usually doesn’t.
Marion County prosecutor discusses his first days in office
To lead any large law firm, a managing partner needs a diverse set of skills. He needs to understand budgets, crisis management, personnel issues, and how to interact with the media. It’s essentially the same for the prosecutor of Indiana’s largest county.
Traffic judge’s suspension begins Feb. 22
A 30-day suspension without pay begins next week for Marion Superior Traffic Judge William Young.
Opinions Feb. 14, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
DBL Axel, LLC v. LaSalle Bank National Association, et al.
15A01-1003-PL-205
Civil plenary. Grants rehearing on the issue of whether the trial court’s order directing turnover of funds in favor of LaSalle Bank violated DBL’s due process rights to the extent that it had not been determined whether DBL was still in possession of the funds at the time the trial court issued the order. Holds that, where in question, the court must first make a factual determination as to the whereabouts of the property. Vacates original opinion, reverses, and remands.
Jeremy James Lahr v. State of Indiana (NFP)
02A03-1006-CR-337
Criminal. Affirms convictions of three counts of Class A felony child molesting, two counts of Class C felony child molesting, one count of Class D felony fondling in the presence of a minor, and one count of Class D felony dissemination of matter harmful to minors.
Charles Summers v. State of Indiana (NFP)
49A02-1006-CR-707
Criminal. Affirms conviction of Class D felony strangulation and reverses conviction of Class A misdemeanor battery. Remands for trial court to vacate battery conviction.
Jeruan L. Brown v. State of Indiana (NFP)
02A04-1006-CR-368
Criminal. Affirms conviction of Class B felony dealing in cocaine.
Michael P. Singh v. State of Indiana (NFP)
71A03-1007-CR-532
Criminal. Affirms conviction of Class D felony intimidation.
Sandra McDaniel v. State of Indiana (NFP)
24A01-1005-CR-264
Criminal. Affirms sentence following guilty plea to Class D felony operating a vehicle while under the influence of a controlled substance.
Jerry Williams v. State of Indiana (NFP)
49A02-1006-CR-708
Criminal. Affirms convictions of four counts of Class A felony criminal deviate conduct.
Auditor of Clark Ct., et al. v. JP Morgan Chase Bank N.A. (NFP)
10A05-1007-PL-418
Civil plenary. Reverses grant of summary judgment for JP Morgan Chase on the county’s complaint seeking recovery of penalties that the IRS had assessed against it for Chase’s refusal to honor the electronic funds transfer payment requests. Remands for further proceedings. Judge Baker concurs in result.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted four transfers and denied 34 for the week ending Feb. 11, 2011.
Opinions Feb. 14, 2011
7th Circuit Court of Appeals
Cynthia Kartman, et al. v. State Farm Mutual Automobile Insurance Co., et al.
09-1725
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Reverses District Court ruling that a class claim for injunctive relief could proceed under Federal Rules of Civil Procedure Rule 23(b)(2) and certification of a class to determine whether State Farm should be required to re-inspect policyholders’ roofs pursuant to a uniform and objective standard. There is no contract or tort-based duty requiring the insurer to use a particular standard for assessing hail damage. Also, the requested injunction is neither appropriate nor final.
Court reverses class certification in hail-damage action
The 7th Circuit Court of Appeals has reversed the class certification granted by the District Court in a suit brought by unsatisfied homeowners following a 2006 hailstorm in central Indiana.
Judges reverse denial of motion to suppress
The Indiana Court of Appeals overturned the denial of man’s motion to suppress, finding the traffic stop that resulted in his drunk driving arrest wasn’t supported by reasonable suspicion.
High court takes 4 cases
The Indiana Supreme Court has accepted four cases on transfer, including one in which they released an opinion on the matter the same day they granted transfer.
CLE commission elects 2011 officers
The Commission for Continuing Legal Education has elected four officers to serve during the 2011 calendar year, the Indiana Supreme Court announced Monday.
Supreme Court interactive event rescheduled
The Indiana Supreme Court has rescheduled its interactive drama “Bound for Freedom: The Case of Polly Strong,” which was postponed after a winter storm hit central Indiana earlier this month.
Attorney reprimanded for charging unreasonable fees
The Indiana Supreme Court has publicly reprimanded a Hamilton County attorney for violating Indiana Professional Conduct Rule 1.5(a) by making agreements for and charging unreasonable fees.
Lawyer suspended for 180 days due to conduct during disciplinary process
The Indiana Supreme Court has ordered a six month suspension for an Indiana lawyer who primarily practices in Michigan, not because of the misconduct committed, but more specifically because of the attorney’s bad behavior during the disciplinary process.
ISBA Women’s Bench Bar Retreat March 4
The 10th Annual Women’s Bench Bar Retreat, hosted by the Indiana State Bar Association’s Women in the Law Committee, will take place March 4 to 6 at Culver Cove Resort in Culver.
Court rules on child support nonpayment case
Just because someone doesn’t pay child support for more than one son or daughter doesn’t mean the person can be charged more than once for that criminal nonpayment if there’s only one support order issued.
Opinions Feb. 11, 2011 ILD
7th Circuit Court of Appeals
Mouhamadou M. Sow v. Fortville Police Department, et al.
10-2188
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young
Civil. Affirms District Court’s grant of summary judgment to the Fortville Police Department, Officer Michael Fuller of the Fortville Police Department, and the McCordsville Police Department. Sow’s action was brought under 42 U.S.C. sections 1983, 1985, and 1986 after he was arrest for forgery but the charges were later dropped. Sow also alleged numerous state law claims, asserting that the District Court had supplemental jurisdiction over those claims.
Indiana Court of Appeals
Alexander R. Pala v. Annare L. Pala Loubser
91A05-1004-DR-271
Civil. Affirms trial court’s grant of Loubser’s motion to terminate maintenance award. Based upon review of the record, the appellate court can’t say that the evidence leaves them with the firm conviction that a mistake was made or that the trial court’s decision is clearly against the logic and effect of the facts and circumstances before it.
T.L. v. Review Board of the Indiana Dept. of Workforce Development
93A02-1007-EX-773
Civil. Reverses and remands denial of T.L.’s motion to reinstate his appeal from an adverse determination of his claim for unemployment benefits. The following issue was presented for review: whether the board abused its discretion by adopting the findings and conclusions of the director, thereby affirming the denial of the request to reinstate T.L.’s appeal.
P.K.E. v. Review Board of the Indiana Dept. of Workforce Development and D.Z.
93A02-1007-EX-799
Civil. Affirms administrative law judge’s decision that P.K.E. had not discharged D.Z. for just cause and D.Z. was therefore entitled to unemployment benefits. The review board affirmed the ALJ’s decision and P.K.E. appealed.
David Martinez Zarate v. State of Indiana (NFP)
54A01-1007-CR-356
Criminal. Affirms sentence for conviction of dealing in cocaine, a Class B felony.
Juan Salazar-Arvisu v. State of Indiana (NFP)
20A03-0908-PC-379
Post-conviction. Affirms denial of petition for post-conviction relief.
Anthony A. Coffey v. State of Indiana (NFP)
27A02-1006-CR-753
Criminal. Affirms revocation of probation.
William T. Sexton v. State of Indiana (NFP)
71A05-1005-CR-352
Criminal. Affirms convictions of Class B misdemeanor false informing and Class D felony attempting to acquire a legend drug by fraud, deceit, misrepresentation, or subterfuge.
Robert W. Gard v. State of Indiana (NFP)
20A03-1004-CR-249
Criminal. Reverses trial court’s grant of the state’s motion for relief from order, which set aside its previous order granting Gard’s motion to suppress.
Michael J. Huffman v. State of Indiana (NFP)
48A02-1003-PC-421
Post-conviction. Affirms denial of petition for post-conviction relief.
Paternity of C.F.; Rita K. Manns v. Richard A. Faler (NFP)
37A04-1009-JP-573
Juvenile. Reverses and remands order of the trial court emancipating Manns’ son and terminating the support obligation of Faler.
William E. Cathey v. State of Indiana (NFP)
82A01-1006-CR-314
Criminal. Affirms sentence following convictions of two counts of Class D felony theft.
Candace Brewer v. State of Indiana (NFP)
29A02-1008-CR-1024
Criminal. Affirms conviction of Class D felony possession of a controlled substance.
Donald R. Tweedy v. State of Indiana (NFP)
55A01-1007-CR-327
Criminal. Affirms convictions of maintaining a common nuisance as a Class D felony, and driving while suspended as a Class A misdemeanor.
David Alan Davis Sr. v. State of Indiana (NFP)
48A02-1005-CR-648
Criminal. Reverses termination from the Madison County Drug Court Program and remands with instructions.
Michael Todd Hughes v. State of Indiana (NFP)
34A02-1008-CR-891
Criminal. Affirms denial of Hughes’ motion to withdraw his guilty plea.
James E. McGee v. State of Indiana (NFP)
45A04-1007-CR-413
Criminal. Affirms conviction of two counts of child molesting as Class A felonies.
Kenneth L. Duckworth Jr. v. State of Indiana (NFP)
35A04-1009-CR-543
Criminal. Affirms trial court’s finding Duckworth is a habitual offender following his three convictions for dealing in a controlled substance, one as a Class A felony and the other two as Class B felonies.
The Indiana Tax Court posted no opinions before IL deadline.
Opinions Feb. 11, 2011
7th Circuit Court of Appeals
Mouhamadou M. Sow v. Fortville Police Department, et al.
10-2188
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young
Civil. Affirms District Court’s grant of summary judgment to the Fortville Police Department, Officer Michael Fuller of the Fortville Police Department, and the McCordsville Police Department. Sow’s action was brought under 42 U.S.C. sections 1983, 1985, and 1986 after he was arrest for forgery but the charges were later dropped. Sow also alleged numerous state law claims, asserting that the District Court had supplemental jurisdiction over those claims.