Attorney sues condo developer over accessibility
A resident of the 3Mass condo development who uses an electric wheelchair is suing the developers for failing to provide handicap accessibility to a rooftop terrace overlooking downtown Indianapolis.
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Ukrainian delegates visit Indianapolis, observe legal system
Six delegates from the Ukraine’s legal community will be in Indianapolis through Saturday to learn about the American legal system by observing court hearings and meeting with members of the legal community, as well as participating in cultural activities.
Fraud, Forensics, Valuations…. Oh My!
November 11, 2010 1:15 PM EST
The Westin Indianapolis, Downtown, Indianapolis
New justice joins the Indiana Supreme Court
The state now has its 106th justice on the Indiana Supreme Court. Justice Steven H. David officially took his oath and donned his black robe for the state’s highest court today, culminating a process that began with a May announcement that Justice Theodore R. Boehm was stepping down from the bench. Gov. Mitch Daniels chose the 15-year Boone Circuit judge about a month ago.
Opinions Oct. 18, 2010 ILD
Indiana Supreme Court, Indiana Court of Appeals, and Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court denied transfer to 12 cases for the week ending Oct. 15.
Opinions Oct. 18, 2010
7th Circuit Court of Appeals
Tom George, et al. v. National Collegiate Athletic Association
09-3667
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Vacates opinion reversing District Court’s dismissal of claims with prejudice, stays the appeal, and certifies three questions to the Indiana Supreme Court: Do the plaintiffs’ allegations about the NCAA’s method for allocating scarce tickets to championship tournaments describe a lottery that would be unlawful under Indiana law? If the plaintiffs’ allegations describe an unlawful lottery, would the NCAA’s method for allocating tickets fall within the Ind. Code Section 35-45-5-1(d) exception for “bona fide business transactions that are valid under the law of contracts”? If the plaintiffs’ allegations describe an unlawful lottery, do plaintiffs’ allegations show that their claims are subject to an in pari delecto defense as described in Lesher v. Baltimore Football Club and Swain v. Bussell?
Judge DeGuilio to be officially sworn in Oct. 29
The state’s newest judge in the Northern District of Indiana will be formally sworn in Oct. 29 at the Robert A. Grant Federal Building and Courthouse in South Bend.
Judges ask Supreme Court to answer lottery law questions
The 7th Circuit Court of Appeals has decided it needs some assistance from the Indiana Supreme Court to decide whether the National Collegiate Athletic Association’s ticket-distribution system constitutes a lottery under Indiana law.
Longtime northern Indiana attorney dies
Nick J. Thiros, who practiced law in northwest Indiana for more than 50 years, died Oct. 14.
SCOTUS declines Indiana death penalty case
The nation’s highest court won’t re-consider a ruling by the Indiana Supreme Court late last year that upheld a man’s death sentence and revised its stance on what it means when a jury fails to recommend a unanimous sentence.
Appellate court travels for arguments
As part of its “Appeals on Wheels” initiative, the Indiana Court of Appeals will hit the road this week to hear arguments.
Opinions Oct. 15, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Southlake Community Mental Health Center, Inc., et al. v. Board of Zoning Appeals of the City of Crown Point, Indiana, et al.
45A03-1002-MI-81
Miscellaneous. Reverses determination that the Board of Zoning Appeals of the City of Crown Point correctly concluded that Southlake and Watertower South’s proposed use of a certain parcel was inappropriate for the parcel’s zoning classification. The original appeal of the Crown Point Plan Commission’s decision by Feather Rock Professional Office Park was untimely. Remands with instructions to grant Southlake and Watertower’s certiorari petition.
Ritzert Co., Inc., et al. v. United Fidelity Bank, Tyme Properties, LLC, et al.
82A04-1001-PL-35
Civil plenary. Affirms summary judgment for United Fidelity Bank on the contractors’ claim for unjust enrichment. United, which made no request, express or implied, to the contractors for their services did not otherwise owe a duty to the contractors.
Travis Cordell v. State of Indiana (NFP)
29A02-1005-CR-601
Criminal. Affirms revocation of probation.
Travis D. Rutherford v. State of Indiana (NFP)
20A03-1005-PC-278
Criminal. Affirms guilty plea to, conviction of, and sentence for Class D felony voyeurism.
Term. of Parent-Child Rel. of E.Y., et al.; C.Y. v. Montgomery County D.C.S. (NFP)
54A01-1005-JT-229
Juvenile. Affirms involuntary termination of parental rights.
In the Matter of the Mental Health Proceedings of D.J. (NFP)
29A04-1003-MH-205
Mental health. Affirms order involuntarily committing D.J. to a mental-health facility as an inpatient.
Christopher Rudolph v. State of Indiana (NFP)
49A04-1002-CR-61
Criminal. Affirms 25-year sentence for aggravated battery, unlawful possession of a firearm by a serious violent felon, and carrying a handgun without a license under one cause number; and unlawful possession of a firearm by a serious violent felon, dealing in marijuana, and resisting law enforcement under another cause number.
Crystal G. Huesman v. State of Indiana (NFP)
73A01-1002-CR-130
Criminal. Affirms determination that Huesman violated her probation.
Dametrick M. Gray v. State of Indiana (NFP)
02A05-1002-CR-143
Criminal. Affirms conviction of Class B felony robbery.
Indiana Tax Court had posted no opinions at IL deadline.
Teen who jumped from courthouse’s third floor dies
An Avon teen who jumped from the third floor of the Hendricks County Courthouse Wednesday has died.
Opinions Oct. 15, 2010
Indiana Court of Appeals
Southlake Community Mental Health Center, Inc., et al. v. Board of Zoning Appeals of the City of Crown Point, Indiana, et al.
45A03-1002-MI-81
Miscellaneous. Reverses determination that the Board of Zoning Appeals of the City of Crown Point correctly concluded that Southlake and Watertower South’s proposed use of a certain parcel was inappropriate for the parcel’s zoning classification. The original appeal of the Crown Point Plan Commission’s decision by Feather Rock Professional Office Park was untimely. Remands with instructions to grant Southlake and Watertower’s certiorari petition.
ICLEF gives $100,000 to Indiana Bar Foundation
The Indiana Continuing Legal Education Forum’s governing board is giving $100,000 to the Indiana Bar Foundation, which is struggling financially because of low interest rates that have hit IOLTA accounts and created problems in funding pro bono and related programs statewide.
Updated rules to govern lawyer advertising
Culminating a process that began five years ago, the Indiana Supreme Court has approved the first attorney advertising rule change of its kind in about a generation.
Judge rejects former prosecutor spokesman’s plea
A Hamilton County judge has rejected the plea agreement of the former public information officer for Marion County Prosecutor Carl Brizzi.
States’ lawsuit challenging federal health-care law can proceed
The lawsuit filed by 20 states, including Indiana, challenging the constitutionality of the new federal health-care law can go forward on two counts, a Florida federal judge ruled Thursday.
New Indiana attorney advertising rules unveiled
Culminating a process that started five years ago, the Indiana Supreme Court has approved the first attorney advertising rule change of its kind in about a generation.