Northern District seeks comment on local rules
The U.S. District Court for the Northern District of Indiana and the Bankruptcy Court in the Northern District are seeking public comment on several proposed local rule changes.
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Law school needs judges for moot court competition
Indiana University School of Law – Indianapolis needs judges for its annual Honorable Robert H. Staton Intramural Moot Court Competition.
Opinions Sept. 17, 2010 ILD
Indiana Supreme Court
In the Matter of Kenneth E. Lauter
55S00-0906-DI-267
Discipline. A per curiam decision publicly reprimands attorney Kenneth E. Lauter of Morgan County because he didn’t indicate to the client what the additional retainer should be or how it would be determined, thus violating Indiana Professional Conduct Rules 1.5 (b) and (c).
Justices Brent Dickson and Robert Rucker dissented, believing that the Indiana Supreme Court Disciplinary Commission did not prove a charged violation by clear and convincing evidence and that the hearing officer correctly found no violation and recommended a finding in favor of Lauter.
Indiana Court of Appeals
Termination of Parent-Child Relationship of D.B. and A.B.; R.B. v. Indiana Dept. of Child Services (NFP)
87A01-1001-JT-107
Juvenile. Affirms involuntary termination of parental rights.
Gordon Northrup, Jr. v. State of Indiana (NFP)
79A04-1003-CR-192
Criminal. Affirms trial court properly denied motion for sentence modification.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 17, 2010
Indiana Supreme Court
In the Matter of Kenneth E. Lauter
55S00-0906-DI-267
Discipline. A per curiam decision publicly reprimands attorney Kenneth E. Lauter of Morgan County because he didn’t indicate to the client what the additional retainer should be or how it would be determined, thus violating Indiana Professional Conduct Rules 1.5 (b) and (c).
Justices Brent Dickson and Robert Rucker dissented, believing that the Indiana Supreme Court Disciplinary Commission did not prove a charged violation by clear and convincing evidence and that the hearing officer correctly found no violation and recommended a finding in favor of Lauter.
Wrongful death statute allows for attorney fees, other costs
Compensation for attorney fees and other costs can be awarded under the Adult Wrongful Death Statute, ruled a Court of Appeals panel today.
Governor names Boone Circuit judge to Indiana Supreme Court
Gov. Mitch Daniels announced this morning his pick for the state’s highest appellate court, choosing Boone Circuit Judge Steven H. David to replace retiring Justice Theodore R. Boehm once he steps down Sept. 30.
Governor chooses Judge Steven David as next Supreme Court justice
Boone Circuit Judge Steven David will become the next Indiana Supreme Court justice, meaning the state’s highest court will remain without a woman.
Justices remind parties about decision certification
The Indiana Supreme Court has granted a rehearing on the appeal involving East Chicago casino money, using the chance to warn parties to not jump the gun in how it responds once an appellate ruling is initially issued.
ISBA poll on judicial retention to be e-mailed
A third of the Indiana Court of Appeals judges face retention this year, but before voters mark their ballots the state’s attorneys have a chance to say what they think about the five appellate judges who want to remain on the bench.
Opinions Sept. 16, 2010 ILD
Indiana Supreme Court
Foundations of East Chicago, Inc., Successor by Merger to East Chicago Community Development Foundation, Inc. and Twin City Education Foundation, Inc. v. City of East Chicago
No. 49S02-0908-CV-00383
Civil. Justices granted a rehearing petition, holding that the city didn’t follow Indiana Appellate Rule 65(E) and was premature in filing a motion at the trial court level before a previous appellate ruling was certified. Justices found the trial court correctly denied the city’s request, and it kept intact its original opinion from May.
Indiana Court of Appeals
Adoption of N.W., M.W. v A.W.
71A04-1002-AD-127
Adoption. Reverses grant of adoption of N.W. by stepmother A.W. The stepmother failed to prove by clear and convincing evidence that the mother’s consent to the adoption was not required. The adoption is also not in the best interest of the child.
Matthew B. Ashworth v. Kathryn Ehrgott (Ashworth)
49A05-0912-CV-727
Civil. Finds the trial court failed to deduct Ashworth’s $1,500 monthly alimony payment from his weekly gross income because it is a maintenance payment to mother, failed to credit Ashworth for the children’s health insurance premium, improperly included his daughter’s full-time preschool expenses as a work-related child care expense for Ehrgott even though she was not working, and that the record does not support the trial court’s order that Ashworth pay for his son’s private school tuition as added child support. Remands for further proceedings. Affirms on all other issues.
Brownsburg Municipal Building Corp. v. R.L. Turner Corp., et al.
32A01-1002-PL-37
Civil plenary. Affirms denial of Brownsburg’s motion for partial summary judgment in a suit filed by R.L. Turner and St. Paul Fire in Turner’s suit for damages from breach of contract and under the theory of quantum meruit. There is a genuine issue of material fact as to whether Turner and/or the architect timely complied with the provisions of the contract.
Calvin Sanders v. State of Indiana (NFP)
49A04-0912-CR-714
Criminal. Affirms conviction of Class A felony attempted murder.
T.S. v. State of Indiana (NFP)
71A04-1002-JV-91
Juvenile. Affirms commitment of the Department of Correction.
William C. Davis v. State of Indiana (NFP)
82A01-0909-PC-460
Post conviction. Affirms denial of petition for post-conviction relief.
James Griffith v. State of Indiana (NFP)
35A02-1003-PC-394
Post conviction. Affirms denial of petition for post-conviction relief.
Jason Barrett v. Scores, Inc. and Jason English (NFP)
82A01-1003-PL-177
Civil plenary. Affirms summary judgment to Scores Inc. and English on Barrett’s claims that English breached his fiduciary duty to Barrett and that both Scores and English committed conversion of Barrett’s property.
Timothy Manges v. State of Indiana (NFP)
20A05-1003-PC-186
Post conviction. Affirms denial of petition for post-conviction relief.
A.E., et al., Alleged to be CHINS; T.E. v. Marion County DCS and Child Advocates (NFP)
49A02-1002-JC-203
Juvenile. Reverses determination that the three children are children in need of services. Remands for a new dispositional decree that includes written findings and conclusions concerning elements listed in Indiana Code Section 31-34-19-10.
Aaron Spears v. State of Indiana (NFP)
49A02-1001-CR-70
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.
C.T. v. State of Indiana (NFP)
49A02-1002-JV-344
Juvenile. Affirms finding C.T. committed what would be Class B misdemeanor public nudity if committed by an adult.
Arron L. Declue v. State of Indiana (NFP)
44A03-1001-CR-79
Criminal. Affirms 20-year sentence with five years suspended for aggravated battery and criminal confinement, both as Class B felonies.
Richard Wion d/b/a Lothlorien Farms v. Town of North Manchester (NFP)
85A05-1004-PL-307
Civil plenary. Affirms summary judgment for the town in its complaint to enforce an order for the owner of a building to vacate and demolish the building, which was deemed unsafe.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 16, 2010
Indiana Supreme Court
Foundations of East Chicago, Inc., Successor by Merger to East Chicago Community Development Foundation, Inc. and Twin City Education Foundation, Inc. v. City of East Chicago
No. 49S02-0908-CV-00383
Civil. Justices granted a rehearing petition, holding that the city didn’t follow Indiana Appellate Rule 65(E) and was premature in filing a motion at the trial court level before a previous appellate ruling was certified. Justices found the trial court correctly denied the city’s request, and it kept intact its original opinion from May.
Lawyers support motorcycle ride for charity
Indianapolis attorneys and a law firm are among the sponsors and participants in a scenic motorcycle ride Saturday to benefit the children of Christel House, based in Indianapolis with locations around the world.
Senate panel OKs Indy attorney for U.S. Attorney
An Indianapolis attorney has gotten the approval of a key congressional judiciary panel to become the new U.S. Attorney for the Southern District of Indiana.
Attorney found guilty but mentally ill in attack
A Hamilton County jury found an attorney guilty but mentally ill on the five counts he faced following his attack on a state representative nearly a year ago.
Opinions Sept. 15, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Alexander Gatzimos, M.D. v. Boone County and State of Indiana
06A05-0911-CV-664
Civil. Grants the state’s motion to dismiss Dr. Gatzimos’ appeal of the trial court order denying his petition for expungement. Remands to the trial court to allow Gatzimos the opportunity to present admissible evidence as to whether his charges were dismissed because of mistaken identity; no offense was actually committed; or there was an absence of probable cause.
William Nolan v. City of Indianapolis
49A02-1002-CT-192
Civil tort. Affirms summary judgment for the City of Indianapolis. The COA holding in Nolan’s criminal appeal that his arrest was lawful precludes him from re-litigating that issue in a civil case brought by him for false arrest and false imprisonment.
Phyllis Woodsmall, et al. v. Lost Creek Township Conservation Club, Inc.
84A01-1001-PL-33
Civil plenary. Affirms judgment denying homeowners injunctive relief on Woodsmall and the other’s nuisance claim. The evidence doesn’t lead solely to the conclusion that Lost Creek used its property to the detriment of the homeowners.
Joshua H. Field v. State of Indiana (NFP)
67A05-1003-CR-262
Criminal. Reverses conviction of Class A misdemeanor intimidation and remands with instructions to vacate this conviction and sentence.
N.L., Alleged to be CHINS; B.L. v. Marion County DCS and Child Advocates (NFP)
49A02-1002-JC-140
Juvenile. Affirms determination that N.L. is a child in need of services.
Kyle Kiplinger v. State of Indiana (NFP)
62A01-1004-CR-195
Criminal. Affirms 65-year sentence for murder imposed during a re-sentencing hearing.
Michael Hay v. State of Indiana (NFP)
49A04-1002-CR-90
Criminal. Affirms sentence following guilty plea to Class D felony theft.
Dennis Roberson v. State of Indiana (NFP)
27A04-1001-PC-102
Post conviction. Affirms denial of petition for post-conviction relief.
Quentin A. Spencer v. State of Indiana (NFP)
20A04-1002-CR-62
Criminal. Affirms convictions of Class D felonies fraud and theft.
Neil A. Short v. State of Indiana (NFP)
32A01-1002-CR-54
Criminal. Affirms conviction of sexual misconduct with a minor as a Class C felony.
George D. Harding, II v. State of Indiana (NFP)
18A05-1003-CR-202
Criminal. Affirms convictions of two counts of sexual misconduct with a minor as Class C felonies.
Lusako G. Musopole v. State of Indiana (NFP)
71A03-1002-CR-71
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.
Maurits Wiersema v. Lisa (Wiersema) Bauman (NFP)
02A03-0912-CV-571
Civil. Affirms valuation of Wiersema’s IMAGI holdings at the time of final separation at $1,000,000.00, including 2007 tax refunds in the marital estate, assigning half of the Sycamore Hills membership to Bauman, assigning the Bauman Investment to Bauman, and assessing GAL fees. Reverses decision to include unvested portions of Wiersema’s IMA 401(k) in the marital estate and failure to assign liability for half of certain property taxes paid post-filing by Wiersema to Bauman. Remands to revise the final dissolution order so as not to include the unvested portions of Wiersema’s 401(k) in the marital estate, assign half of the property tax liability to Bauman, and recalculate the distribution of the marital estate as appropriate.
Robert Coslet v. State of Indiana (NFP)
45A03-1003-CR-147
Criminal. Affirms sentence imposed after revocation of probation.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 15, 2010
Indiana Court of Appeals
Alexander Gatzimos, M.D. v. Boone County and State of Indiana
06A05-0911-CV-664
Civil. Grants the state’s motion to dismiss Dr. Gatzimos’ appeal of the trial court order denying his petition for expungement. Remands to the trial court to allow Gatzimos the opportunity to present admissible evidence as to whether his charges were dismissed because of mistaken identity; no offense was actually committed; or there was an absence of probable cause.
Indiana gets new federal magistrate
For the first time since the early 1980s, the Southern District of Indiana has gotten approval to hire a new full-time federal magistrate. The U.S. Judicial Conference, which is the policy-making arm of the federal court system, approved during its annual fall meeting on Tuesday the Indianapolis-based magistrate spot along with three others throughout the country.
IBF announces pro bono award winners
Ralph Adams, the former staff attorney and director of Legal Services of Maumee Valley, will receive this year’s Randall T. Shepard Award for excellence in pro bono service. He, along with other recipients of pro bono awards, will be honored at the Shepard Award Dinner in October.
Tippecanoe County judge recognized for access to justice work
Tippecanoe Superior Judge Gregory J. Donat is the 2010 recipient of the American Judicature Society’s Kathleen M. Sampson Access to Justice Award. Judge Donat has worked to improve access to justice for everyone.
Senate panel to consider Indy lawyer for U.S. Attorney
A key Congressional judiciary panel is scheduled to decide this week whether the nomination of an Indianapolis attorney for U.S. Attorney for the Southern District of Indiana should proceed to the full Senate for a vote.