Judges to hear sex-offender registration appeal in Franklin
A panel of judges from the Indiana Court of Appeals travels to Franklin Friday to hear arguments in the interlocutory appeal of a man who’s charged with not registering as a sex offender.
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Judges disagree on whether landowners are ‘aggrieved’
Jurists on the Indiana Court of Appeals disagreed on an issue of first impression about what an “aggrieved” party is when it comes to filing a mandate or injunction against a water conservancy district under state statute.
Court addresses forgery statute on electronic credit card purchases
Using someone else’s credit card and electronically signing that person’s name is considered “uttering” a written instrument under Indiana’s forgery statute, the state’s appellate court has ruled.
Group to assess Indiana’s civic engagement
Indiana Supreme Court Chief Justice Randall T. Shepard and former Congressman Lee Hamilton are teaming up with the Indiana Bar Foundation and the National Conference on Citizenship to commission the analysis of civic engagement in Indiana.
Kimbrough Bar Association to honor state’s African-American judges
The James C. Kimbrough Bar Association will salute Indiana’s African-American members of the judiciary on April 21.
Opinions April 12, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Cassandra Johnson and Jarrett Buse v. Anya E. Wait, et al.
82A01-0910-CV-498
Civil. Affirms the jury instruction on contributory negligence, finding sufficient evidence to support giving it. The trial court didn’t err by refusing to give the tendered instruction on the doctrine of res ipsa loquitur offered by Johnson and Buse because there is a dearth of evidence as to exactly how and when Johnson’s shoulder injuries occurred. Affirms trial court allowance of a defense orthopedic expert witness to testify as to his opinions on causation.
Lamar M. Crawford v. State of Indiana
49A05-1006-CR-377
Criminal. Affirms murder conviction. The trial court did not abuse its discretion when it quashed part of Crawford’s request for production of documents to a nonparty television production company, and the state produced sufficient evidence to prove beyond a reasonable doubt that Crawford committed murder.
John Grimes v. Tamara Grimes (NFP)
48A02-1007-DR-825
Domestic relation. Affirms trial court’s decision to deny John Grimes’ motion to correct error in a post-dissolution proceeding.
Sherrill Essett v. State of Indiana (NFP)
49A02-1005-CR-481
Criminal. Reverses jury trial’s conviction of Sherrill Essett for Class D felony theft, stating evidence was not sufficient to support conviction.
Charlotte A. Hunt v. State of Indiana (NFP)
49A04-1010-CR-628
Criminal. Affirms conviction of Class A misdemeanor possession of paraphernalia.
John Mark Harris v. State of Indiana (NFP)
85A04-1006-CR-390
Criminal. Affirms convictions of Class D felony receiving stolen property and Class B felony conspiracy to commit burglary. Affirms court’s determination that John Mark Harris is a habitual offender and affirms sentences.
Adoption of J.H.; I.H. v. J.R. & W.R. (NFP)
29A02-1009-AD-1091
Adoption. Affirms trial court’s ruling that father’s consent to adoption was not required.
Bryant Carr v. State of Indiana (NFP)
49A02-1009-CR-962
Criminal. Affirms convictions of Class D felony strangulation and Class A misdemeanor battery.
Martha J. Tichenor v. Daniel Dodson (NFP)
07A01-1006-PO-285
Order of protection. Reverses protection order in favor of Daniel Dodson, et al., stating that repeated e-mails do not fall under protection statute.
Brice Webb v. State of Indiana (NFP)
71A05-1007-CR-517
Criminal. Affirms murder conviction.
Sieb Corp., Inc., Kurt Siebert, et al. v. Laidig Systems, Inc., Mishawaka Leasing Corp., et al. (NFP)
71A03-1010-CT-531
Civil tort. Affirms trial court’s summary judgment in favor of DJ Construction, Progressive, and Clarkco. Reverses trial court’s grant of summary judgment in favor of Laidig Systems, Wyn, and Mishawaka Leasing Corp., and remands for further proceedings.
Term. of Parent-Child Rel. of E.C. & J.V.; J.V. v. IDCS (NFP)
71A04-1010-JT-630
Juvenile termination of parental rights. Affirms trial court’s termination of father’s parental rights.
Term. of Parent-Child Rel. of A.G., J.S., & K.S.; G.S. v. IDCS (NFP)
02A03-1009-JT-489
Juvenile termination of parental rights. Affirms trial court’s termination of father’s parental rights.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions April 12, 2011
Indiana Court of Appeals
Cassandra Johnson and Jarrett Buse v. Anya E. Wait, et al.
82A01-0910-CV-498
Civil. Affirms the jury instruction on contributory negligence, finding sufficient evidence to support giving it. The trial court didn’t err by refusing to give the tendered instruction on the doctrine of res ipsa loquitur offered by Johnson and Buse because there is a dearth of evidence as to exactly how and when Johnson’s shoulder injuries occurred. Affirms trial court allowance of a defense orthopedic expert witness to testify as to his opinions on causation.
Wishard/Baker & Daniels Receives National Pro Bono Health Award
Baker & Daniels LLP has received national recognition for its efforts working with Wishard Health Services to improve health care disparities by pooling resources provided by doctors, lawyers, social workers and educators.
IBA: Nod to professionalism
The Professionalism Committee of the Indianapolis Bar Association extends a Nod to Professionalism to Assistant United States Attorney Bradley A. Blackington.
Hebenstreit: Another Reason to be Proud of Indy
In mid April, the IndyBar is co-hosting a great racing event.
IBA: Planning Ahead for Solo or Small Firm Lawyers
Have you ever thought about what would happen if you were suddenly involved in an accident, or had an unexpected illness, or an untimely death? In such situations, how would your clients fare? Who would cover upcoming court dates?
IBA: Join the IndyBar at Komen Race for the Cure
The Indianapolis Bar Association has formed a team for the upcoming Susan G. Komen Race for the Cure to be held on Saturday, April 16.
Teamwork at IHSAA
The general counsel for state athletic association enjoys the challenges of the job.
Bar Crawl – 4/13/11
Read about an event to help Legal Aid District 11 and more happenings around Indiana bar associations.
Law school briefs – 4/13/11
Learn more about a lecture by a freed death row inmate, Valparaiso University School of Law’s newly reconstructed Heritage Hall, and more.
Federal Bar Update: Confidentiality not always enforceable
As federal practitioners know, the 7th Circuit is particularly strict about protecting public access to federal court filings.
Valpo law students help New Orleans defenders
Students from Valparaiso University School of Law worked with public defenders in New Orleans during their spring break.
DTCI: Technology in the practice
Defense Trial Counsel of Indiana’s Dave DeMoss discusses the impact of technology and how it has created opportunities for attorneys.