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Opinions Oct. 27, 2010

7th Circuit Court of Appeals
James L. Parkey v. Jason E. Sample
09-3966
U.S. District Court, Northern District of Indiana, South Bend Division, Judge William C. Lee
Civil. Affirms District Court’s grant of Indiana State Trooper Jason Sample’s motion for summary judgment, which found James Parkey, who sued under 42 U.S.C. § 1983, had not brought forth any evidence to demonstrate a lack of probable cause. Parkey claimed Sample had violated his rights under the Fourth Amendment by searching his home and seizing his property without probable cause. Suspecting Parkey had a marijuana grow operation, Sample did two trash pulls near Parkey’s residence where Sample found marijuana cigarettes and stems from marijuana plants, evidence he presented to a Lake County Superior magistrate, who issued a search warrant for Parkey’s home.

Opinions Oct. 26, 2010 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals

Nathan Brock v. State of Indiana
38A02-1003-CR-272
Criminal. Affirms Nathan Brock’s conviction of operating a motor vehicle after forfeiture of license for life, a Class C felony. Brock argued his convictions violated double jeopardy because the trial court granted the state’s request for a mistrial at the close of the first trial in the absence of a manifest necessity to do so, and then permitted the state to retry Brock, resulting in his conviction. Indiana Court of Appeals found the mistrial and subsequent retrial did not violate double jeopardy.

Troy Burge v. State of Indiana (NFP)
56A03-1006-CR-331
Criminal. Affirms trial court’s denial of motion for credit time and time served.

Russell Timmons v. State of Indiana (NFP)
79A05-0910-CR-567
Criminal. Affirms conviction of confinement, a Class C felony.

Termination of Parent-Child Relationship of C.O.V.; C.L.V. and T.G. v. Indiana Department of Child Services (NFP)
79A02-1003-JT-445
Juvenile. Affirms termination of parental rights.

O.P. v. Review Board of the Indiana Dept. of Workforce Development (NFP)
93A02-1003-EX-408
Civil. Affirms Review Board of the Indiana Department of Workforce Development’s denial of request for unemployment benefits.

The Law Offices of Wayne Greeson, PC, and Shammah Investments, LLC v. Steuben County Auditor (NFP)
76A03-1003-MI-122
Civil. Affirms trial court’s judgment in favor of Steuben County Auditor regarding attorney fees in tax sales.

Indiana Tax Court had posted no opinions at IL deadline.

COA reverses motion allowing for release of documents

The Indiana Court of Appeals today reversed an order from Lake Superior Court that granted a motion to compel the production of documents from the appellant-defendant Allstate Insurance Company.

IBA: Double-digit growth for lawyers’ use of Web 2.0 technologies, among ABA findings

Lawyers’ use of smart phones and social networking technologies grew by double-digit percentages last year, indicating lawyers’ increasing “24/7” connectivity to their offices and clients, according to the recently released 2010 American Bar Association Legal Technology Survey Report, an annual survey of technology use within the legal profession.

IBA Frontlines

IBA Frontlines for Oct. 27-Nov. 9, 2010

IBA: Magistrate/Commissioner Survey Complete

The Indianapolis Bar Association has delivered the results of a recent survey regarding the performance of all current Magistrates and Commissioners now serving those courts to the Marion Circuit and Superior Courts.

ISBA seeks mentors

New program offers 6 CLE credits for yearlong commitment.

Madison County Bar supports community

The Madison County Bar Association’s Community Service Award was given to retired Anderson University administrator Duane Hoak on Oct. 19.

Take time to smell flowers along the way

Once in a while you meet someone who makes a lasting impression on you. It’s very trendy today to speak of these people as mentors or role models. When the name Rabb Emison comes to my mind, I immediately think of the word “great.” Rabb Emison was a great person, a great resource, and a […]

Editorial: Ted Boehm not headed toward retirement

This was one retirement ceremony we were not looking forward to attending, fearing that the gentleman stepping away from the bench would slip away from public life and live quietly with his family, indulging his interests outside the law, while working as a mediator at Van Winkle Baten Rimstidt and senior judging for the Indiana Court of Appeals.