Fewer filings, newer trends
The number of cases filed in the state courts dropped slightly in 2009 from the previous year, but the nearly two million filings still amounted to the second-highest number ever for Indiana.
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Small law firm dissolving as 9 attorneys go to Bose McKinney
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 around in some form since the early 1980s and has included some high-profile attorneys such as Birch and Evan Bayh.
Judge and his wife use son’s death to discuss prescription drug abuse
The scream that pierced the silence one morning almost two years ago is one that haunts Marion Superior Judge Bill Nelson every day, and it likely will for the rest of his life.
Opinions Dec. 6, 2010 ILD
7th Circuit Court of Appeals
Brian D. Grigsby v. Ray LaHood, Secretary of the U.S. Department of Transportation
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms summary judgment for the Department of Transportation in his suit claiming he wasn’t hired because of his Native American heritage. Grigsby was not qualified for any of the positions he applied for.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Charles E. Green v. State of Indiana
49A05-1001-CR-37
Criminal. Affirms felony murder conviction. Based on the evidence, a trier of fact could reasonably infer that Green murdered the victim, or at the very least, he aided, induced or caused James Townsend to murder her. Also, Jury Instruction 21(F) as a whole was not misleading.
Northeast Civic Association, Inc. et al. v. Gloria J. Beard, et al. (NFP)
49A02-1003-PL-470
Civil plenary. Affirms summary judgment in favor of defendants Gloria J. Beard and others in Northeast Civil Association’s verified compliant to quiet title and for damages.
Guillermo Toledo v. State of Indiana (NFP)
02A03-1006-CR-360
Criminal. Affirms sentence following guilty plea to operating a vehicle while intoxicated causing death as a Class B felony, and to being a habitual controlled substance offender.
Quantita L. Jackson v. State of Indiana (NFP)
48A02-1005-CR-581
Criminal. Reverses order Jackson serve an executed sentence following her guilty plea to Class C felony fraud on a financial institution. Remands with instructions.
Ira James Washington, Jr. v. State of Indiana (NFP)
45A03-1003-CR-151
Criminal. Affirms sentence following guilty plea to Class B felony attempted aggravated battery and Class D felony battery.
Patrick T. Tolbert v. State of Indiana (NFP)
49A02-1005-CR-545
Criminal. Affirms convictions of Class B felonies robbery and criminal confinement.
Stephen Ray Jones, Jr. v. State of Indiana (NFP)
48A04-1003-CR-161
Criminal. Affirms revocation of probation.
Barry Wanner v. Jill Hutchcroft (NFP)
79A02-1004-DR-467
Domestic relation. Affirms order Wanner pay Hutchcroft more than $37,000 to compensate her for a tax liability assumed when she liquidated part of his TIAA-CREF retirement account.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court denied seven transfers for the week ending Dec. 3.
Opinions Dec. 6, 2010
7th Circuit Court of Appeals
Brian D. Grigsby v. Ray LaHood, Secretary of the U.S. Department of Transportation
U.S. District Court, Southern District of Indiana, Indianapolis Division, Chief Judge Richard L. Young.
Civil. Affirms summary judgment for the Department of Transportation in his suit claiming he wasn’t hired because of his Native American heritage. Grigsby was not qualified for any of the positions he applied for.
Sale to trust creates first impression
A sale of a home to a trust that included disputed errors in a sales disclosure form presented an issue of first impression for the Indiana Court of Appeals Monday.
Court splits on duty owed by independent contractor
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.
Indianapolis firm dissolving as some attorneys go to Bose McKinney
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.
Firm dissolving as some attorneys go to Bose McKinney & Evans
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.
Bose McKinney cuts lawyers, paralegals
The fifth largest Indianapolis law firm is laying off 10 attorneys, two paralegals, and 13 support staff because of the tumultuous economy.
Opinions, Dec. 3, 2010 ILD
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.
Opinions Dec. 3, 2010
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.
Social-services recipients entitled to injunctive relief
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.
COA: Man’s intoxication doesn’t prevent recovery
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.
Opinions Dec. 2, 2010 ILD
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.
Opinions Dec. 2, 2010
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.
Ice Miller elects new chief managing partner
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.
Court orders attorney’s fees following bad faith appeal
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.
7th Circuit: judge erred when sentencing man
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.
Opinions Dec. 1, 2010 ILD
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.