Safety vs. free speech
In her 15 years on both the state and federal benches, Judge Jane Magnus-Stinson has had only one time when she’s feared for her safety inside her courtroom.
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Attorneys general at the state fair
While some things are new this year at the Indiana State Fair, one that most fairgoers will likely not even notice is the
recently enhanced partnership between the state attorney general’s office and the state fair.
Federal Bar Update: More federal rule changes on horizon
For 2010, the Supreme Court approved a package of amendments in late April that will amend several appellate rules, bankruptcy rules, criminal rules, civil rules, and an evidence rule.
Legal community helps prosecutor
Following a car accident in early June, a St. Joseph County deputy prosecutor’s life was dramatically changed.
IBA: Bar Leaders Sought for Board Service
It’s already that time of year, when attention turns to nominating the Indianapolis Bar Association Board of Directors
slate.
IBA: Surviving in the Legal Practice
Competition for solo practitioners and law firm associates is only getting tougher each month as more lawyers lose their jobs.
Hickey: Where There’s a Will There’s a… Thank You
Pro Bono: for the public good. As lawyers, we know this as legal work undertaken free of charge.
IBA: Changes in Marion Superior Court Assignments
Changes in Marion Superior Court Bench Assignments Judge Barbara Crawford recently began service as the newest judge on the
Marion Superior Court.
IBA: Criminal Jury Questionnaire Under Review
Those practicing in the Marion County Criminal Courts have long sought revision to the jury questionnaire to improve the
effectiveness of juror selection and to improve the efficiency of the process. A movement is now underway to undertake those
needed revisions.
IBA: PAC Approved as Alternative for Judicial Campaign Contributions
A plan calls for the creation of a new political action committee to receive and distribute voluntary contributions to judicial
candidates for the Marion County Circuit and Superior Courts.
Opinions Aug. 16, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Paternity
of P.B.; D.B. v. M.B
03A01-1001-JP-5
Juvenile paternity. Reverses and remands denial of mother’s petition to modify parenting time. The preponderance standard
should have been used as the burden of proof, not clear and convincing evidence. Affirms finding father wasn’t in contempt
for keeping P.B. extra days over the Christmas holiday week, the denial of mother’s request father pay her attorney’s
fees and P.B.’s therapist’s fees, and the modification of the Christmas parenting time schedule.
William
R. Morell, III v. State of Indiana
06A04-0909-CR-531
Criminal. Affirms conviction of battery by means of a deadly weapon as a Class C felony. The trial court didn’t abuse
its discretion or commit reversible error by failing to swear the state’s witnesses and failing to allow questioning
related to the alleged violations of the trial court’s separation order outside the presence of a jury. The cumulative
effect of Morrell’s alleged errors don’t warrant reversal and there is sufficient evidence to support the conviction.
Arvester
Williams v. State of Indiana (NFP)
20A03-1001-CR-10
Criminal. Affirms conviction of Class B felony criminal confinement while armed with a deadly weapon and Williams’
aggregate sentence for criminal confinement as a Class B felony and possession of a firearm by a serious violent felon as
a Class B felony.
Brian
A. Eby v. Jennifer L. Eby (NFP)
29A05-0909-CV-521
Civil. Reverses amended decree dissolving the Ebys’ marriage. Remands with instructions.
Matthew
Donoho v. State of Indiana (NFP)
12A05-0912-CR-717
Criminal. Affirms convictions of Class D felony theft and possession of marijuana, Class C felony burglary, and Class A misdemeanor
criminal mischief.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted no transfers for the week ending Aug. 13.
Opinions Aug. 16, 2010
Indiana Court of Appeals
Gail
M. Flatow and Flatow Comer, LLP v. Dwane Ingalls
49A02-0910-CV-994
Civil. Reverses denial of Flatow and Flatow Comer’s motion for summary judgment in Ingalls’ suit for legal malpractice.
There is no designated evidence in the malpractice litigation to show the result of Ingalls’ partial motion for summary
judgment would have been any different had a reply been filed. As a matter of law, the Flatow defendants had no duty to provide
the services Ingalls claims they were negligent in failing to provide.
Court upholds judgment in legal malpractice suit
The Indiana Court of Appeals affirmed summary judgment in favor of an attorney and law firm in a legal malpractice suit, although
the judges didn’t agree on the professional obligations of the firm based on its contract.
COA addresses equine statute for first time
Ruling on the state’s Equine Activity Statute for the first time, the Indiana Court of Appeals affirmed the statute
barred a woman’s claim for injuries during a horse competition.
ADA sure to make waves in area of employment law
Read reaction to the passage of the Americans With Disabilities Act in 1990.
Opinions Aug. 13, 2010 ILD
7th Circuit Court of Appeals
Barbara
J. Castile v. Michael J. Astrue, Commissioner of the Social Security Administration
09-3917
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge David Hamilton.
Civil. Affirms denial of Castile’s numerous claims for obtaining disability insurance and disability widow’s
benefits. There was substantial evidence to support the administrative law judge’s conclusion that Castile’s chronic
fatigue syndrome didn’t render her disabled. The ALJ thoroughly examined the evidence and articulated his findings and
the District Court didn’t err in upholding the ALJ’s credibility determinations.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Bruce
Swift, Jr. v. Robert J. Jeka and Alexandra Jeka (NFP)
64A03-1002-PL-52
Civil plenary. Reverses judgment in favor of the Jekas that Swift committed fraud and constructive fraud.
Dimensions,
Inc., and DI Construction Services, Inc. v. The Odle, McGuire & Shook Corporation (NFP)
49A05-0909-CV-540
Civil. Affirms summary judgment for The Odle, McGuire & Shook Corp. on Dimensions, Inc. and DI Construction Services’
claims for breach of contract and negligence.
Indiana Tax Court had posted no opinions at IL deadline.