New federal judge sworn in, robed
U.S. Judge Jon DeGuilio took his oath and was officially sworn in Oct. 29 as the newest member of the U.S. District Court, Northern District of Indiana, where he’ll preside in the South Bend division.
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Brizzi disciplinary case delayed again
By the time Marion County Prosecutor Carl Brizzi faces a disciplinary hearing on alleged misconduct about how he publicly discussed pending cases, he’ll have finished his term and will no longer be prosecutor in the state’s largest county.
Second Century suit can proceed
A Marion Superior judge has lifted a stay on the litigation involving East Chicago’s accounting and use of casino revenue, allowing the state to proceed with discovery and ask the court to require a for-profit organization to turn over documents relating to millions in casino revenue.
Agency wants one-year suspension
The Indiana Supreme Court’s Disciplinary Commission argues that a hearing officer’s recommendation of a public reprimand against Delaware County Prosecutor Mark McKinney is inadequate and the elected official should receive a one-year suspension.
Lawyer sentenced on child porn case
Anderson attorney Samuel Hasler, who pled guilty to a pair of child pornography charges, has received a 151-month sentence, meaning he’ll spend more than 12 years behind bars and then face a lifetime of supervised release.
Pipeline programs to improve diversity
When high school students don’t know attorneys or judges, it’s less likely they’ll know how to become attorneys or judges. This is particularly true in urban neighborhoods. To counter that, diversity pipeline programs are being created to encourage more ethnic and racial diversity in the legal profession.
Giving a gift of life
For some, when a family member needs something, there’s no doubt that the right thing to do is step up and give. That was the case with two members of the legal community.
Commission sends 3 names as finalists for Tax Court opening
Within two months, Indiana will have a new state tax judge for only the second time ever.
Human trafficking cases on the rise in Indiana
While it may still be an issue under the radar of many Hoosiers, human trafficking seems to be thriving in Indiana.
New advertising rule on law firm monikers sparks concern
New attorney advertising rules adopted recently by the Indiana Supreme Court have some lawyers throughout the state worried that they’re being forced to change their law firm names from what’s historically been allowed.
Commission sends Tax Court finalists’ names on to governor
The Indiana Judicial Nominating Commission submitted the names of the three finalists for the Indiana Tax Court to Gov. Mitch Daniels Friday.
SCOTUS reverses 7th Circuit a second time on capital case
An Indiana case has prompted the nation’s highest court to reiterate that federal courts can’t issue any writ of habeas corpus to state prisoners whose confinements do not violate U.S. law.
Opinions Nov. 8, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Branton Homsher v. State of Indiana (NFP)
54A01-1003-CR-116
Criminal. Affirms convictions of and sentences for Class B felony aggravated battery and Class B felony neglect of a dependent.
A.L.C. v. J.H. (NFP)
82A01-1003-DR-149
Domestic relation. Affirms denial of mother’s petition to modify custody and order that her parenting time continue to be supervised. Remands with instructions to hear evidence regarding the parents’ respective abilities to pay the cost of mother’s supervised visitation in determining who shall pay the weekly South Evansville Community Outreach fees if no other suitable, less costly arrangement can be accomplished.
Jonathan Grider, Sr. v. State of Indiana (NFP)
16A01-1005-CR-246
Criminal. Affirms sentence following guilty plea to Class B felony manufacturing methamphetamine.
Julian D. Grady v. State of Indiana (NFP)
02A03-1003-CR-174
Criminal. Affirms conviction of Class B felony robbery.
Nicholas N. Harless v. State of Indiana (NFP)
48A02-1001-CR-163
Criminal. Affirms revocation of probation.
Brandon D. Lange v. State of Indiana (NFP)
49A04-1003-CR-167
Criminal. Affirms convictions of five counts of Class A felony child molestation and three counts of Class C felony child molestation. Reverses adjudicating Lange to be a credit restricted felon and remands for further proceedings.
Alan Akers v. State of Indiana (NFP)
49A02-1003-CR-357
Criminal. Affirms conviction of Class A misdemeanor patronizing a prostitute.
Paul Dodson v. State of Indiana (NFP)
48A05-1002-CR-123
Criminal. Affirms revocation of work release.
Harvey O. Coffey, Jr. v. State of Indiana (NFP)
53A04-1005-CR-316
Criminal. Affirms sentence following guilty plea to one count of Class A felony child molesting and one count of Class B felony child molesting.
Noble Adigbli v. Dave Novak, d/b/a Novak & Co. LLC d/b/a Steamshowers4less.com (NFP)
45A05-0912-CV-698
Civil. Affirms judgment in favor of Novak on Adigbli’s suit for alleged expenses he incurred including lender charges associated with the delay and labor charges to dismantle the unserviceable steam shower, install a replacement, and repair drywall.
Matthew Holland v. State of Indiana (NFP)
49A04-1004-CR-218
Criminal. Reverses order granting Holland’s petition requesting permission to file a belated notice of appeal and dismisses his appeal.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court denied transfer to eight cases for the week ending Nov. 5.
Opinions Nov. 8, 2010
Indiana Court of Appeals
Timothy Cranston v. State of Indiana
29A02-1003-CR-374
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated with an alcohol concentration of 0.15 or greater. The admission of the Datamaster machine printed ticket stating his BAC without live testimony from the equipment technician didn’t violate Cranston’s Sixth Amendment right to confrontation.
Court divided on invasion of privacy charge
The Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been convicted of invasion of privacy when she spoke to the protected party during a court hearing.
Ticket can’t constitute ‘testimonial hearsay’
Because a chemical breath-test evidence ticket is a mechanically produced readout that can’t be considered “testimonial hearsay” under U.S. Supreme Court precedent, the Indiana Court of Appeals held a man’s Sixth Amendment rights weren’t violated when the equipment technician didn’t testify at his drunk-driving trial.
Federal magistrate’s robing ceremony Friday
United States District Court for the Southern District of Indiana Magistrate Judge Debra McVicker Lynch's investiture ceremony will be at 3 p.m. Jan. 16 in Courtroom 216 in the Birch Bayh Federal Building and U.S. Courthouse, 46 E. Ohio St., Indianapolis.
Court appoints new CLE commission members
The Indiana Supreme Court has appointed a northern Indiana attorney and central Indiana judge to the Commission for Continuing Legal Education.
Opinions Nov. 5, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Deana Crickmore v. John R. Crickmore (NFP)
49A04-1003-DR-184
Domestic relation. Affirms finding John’s overpayments of spousal maintenance were involuntary and the order Deana repay him accordingly. Reverses amount of judgment as to the dollar amount and affirms in all other respects. Remands for further proceedings.
Robin L. Rashin v. Mark W. Rashin (NFP)
45A04-0911-CV-660
Civil. Reverses denial of rehabilitative maintenance to Robin and remands with instructions to calculate an award of rehabilitative maintenance, to exclude the settlement proceeds from the marital estate, and to recalculate the division of marital property accordingly. Remands the issue of whether Robin shall be awarded appellate attorney fees. Affirms judgment in all other respects.
Jeanette Daniels, et al. v. Hidden Bay Homeowners Association, Inc., et al. (NFP)
49A02-1003-PL-279
Civil plenary. Affirms summary judgment for all of the defendants in Daniels and Russell’s suit to recover damage to a condominium and personal property after a fire.
In the Guardianship of Z.E. and A.W.; Ala.G., et al. v. Alk.G., et al. (NFP)
45A05-1004-GU-255
Guardianship. Affirms juvenile court has subject matter jurisdiction over the grandparents’ custody action as it relates to one of the children and remands for a determination of whether the court has subject matter as it relates to the other child. Affirms order finding the mother is the custodian of the children unless another court has ruled otherwise and by appointment a guardian ad litem and directing the grandparents to pay a portion of the guardian ad litem’s fees relating to Z.E. Reverses order appointing GAL and requiring grandparents to pay GAL fees for matters relating to A.W. only if the court is found to lack jurisdiction over the custody of A.W. on remand.
Antonio M. Sanders v. State of Indiana (NFP)
22A01-1005-CR-234
Criminal. Affirms denial of motion to withdraw guilty plea.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Nov. 5, 2010
Indiana Court of Appeals
S.A. v. Review Board
93A02-1004-EX-568
Civil. Affirms the Review Board of the Indiana Department of Workforce Development’s ruling that S.A.’s acceptance of an early retirement package made her ineligible to continue receiving unemployment benefits. S.A. left employment without good cause in connection with the work.