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Nearly a month after an Indiana Court of Appeals panel ruled attorney’s fees aren’t recoverable under the Adult Wrongful
Death Act in a matter of first impression, another panel unanimously ruled they are recoverable.
State officials are prohibiting people convicted and incarcerated for misdemeanor offenses from voting while they are behind
bars, but that could change if a federal suit is successful.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Cullen
Davis Walker v. State of Indiana
71A03-1003-CR-115
Criminal. Affirms Walker’s convictions of burglary, robbery, criminal confinement – all as Class B felonies,
and possession of cocaine as a Class C felony. Also affirms his sentence of 56 years. Walker argued his burglary and criminal
confinement convictions should be vacated pursuant to the continuing crime doctrine because his offenses of were all part
of the same continuing crime since they occurred in a short period of time and facilitated his sole purpose of taking things
from people at one house. The court ruled each offense was a distinct chargeable crime. Remands with instructions to correct
clerical errors in the amended judgment and chronological case summary.
Paternity
of M.B., N.B. v. J.W. (NFP)
45A03-0911-PL-536
Civil. Affirms in part, reverses in part, and remands. Rules the trial court did not abuse its discretion by sua sponte modifying
the prior child-support order to reflect the mother was not providing overnight parenting time; remands for the court to adjust
its order modifying the amount of support owed by Mother so that it is prospective in nature only. Also rules the trial court
did not abuse its discretion by failing to enforce parenting time because it used its discretionary authority to threaten
M.B. and his father with sanctions if M.B. failed to participate in parenting time. It also didn’t abuse its discretion
by designating a mid-point for the mother and M.B. to meet for parenting time and by ordering mother to pay dental bills incurred
because of her authorization of dental work not covered by M.B.’s insurance.
Mark
Stearns v. Amy Taylor-Stearns (NFP)
45A03-0908-CV-380
Civil. Affirms order to strike husband’s motions he filed after court-ordered deadline, and dissolution court did not
abuse its discretion finding husband in contempt and imposing sanction for willful breach of settlement agreement.
In
re the Guardianship of C.J.; T.J. v. K.M. (NFP)
27A02-1002-GU-150
Guardianship. Affirms grant of mother K.M.’s petition to terminate stepmother’s guardianship of son, C.J., after
the father’s death.
Terry
D. McClinton, Jr. v. State of Indiana (NFP)
45A04-0912-CR-712
Criminal. Affirms aggregate sentence of 28 years for two counts of Class B felony robbery and one count of Class B felony
dealing in cocaine.
Breondon
D. Pinkson v. State of Indiana (NFP)
02A05-1002-CR-146
Criminal. Affirms revocation of probation, noting Pinkson was properly notified.
Golden
Cummings v. State of Indiana (NFP)
49A02-0912-CR-1252
Criminal. Affirms conviction of Class C felony battery.
Isidro
Lopez-Ruiz v. State of Indiana (NFP)
20A04-0912-CR-707
Criminal. Affirms 48-year sentence for convictions of two counts of Class A felony dealing in cocaine.
Earl
Lee Russelburg v. State of Indiana (NFP)
82A01-1002-CR-113
Criminal. Affirms denial of petition for leave to file a belated notice of appeal.
Kenneth
Ramey v. State of Indiana (NFP)
49A04-1001-CR-5
Criminal. Affirms conviction of Class A felony dealing in cocaine.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Cullen
Davis Walker v. State of Indiana
71A03-1003-CR-115
Criminal. Affirms Walker’s convictions of burglary, robbery, criminal confinement – all as Class B felonies,
and possession of cocaine as a Class C felony. Also affirms his sentence of 56 years. Walker argued his burglary and criminal
confinement convictions should be vacated pursuant to the continuing crime doctrine because his offenses of were all part
of the same continuing crime since they occurred in a short period of time and facilitated his sole purpose of taking things
from people at one house. The court ruled each offense was a distinct chargeable crime. Remands with instructions to correct
clerical errors in the amended judgment and chronological case summary.
After a landmark ruling from the nation’s highest court, the Indianapolis Bar Association has adopted an alternative
to direct judicial campaign contributions for those interested in donating to candidates vying for the Marion County bench.
Anyone interested in being the next Indiana Tax Court judge has just about a month to apply for that position.
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Call the DTCI offices and let the DTCI help you become a more effective defense attorney!
DTCI is seeking ideas and authors for articles for Volume 7, No. 2 of the Indiana Civil Litigation Review.
Bryce Bennett Jr. feels compelled to reminisce and record some of the law office history and evolution that he has witnessed during his career and to note the blinding speed with which technology has overtaken our professional lives.
Remember folks, the premise behind this article is not merely to make eatery suggestions, it is also to encourage a bit of
leisure over the lunch hour with your colleague, mentor/mentee, opposing counsel, or a friend.
A few days after then-U.S. District Court Judge David Hamilton ruled in late 2005 in Anthony Hinrichs, et al. v. Brian Bosma, et al., that sectarian prayer could not be used to open legislative sessions, we received a phone call from someone who wanted the judge’s e-mail address and contact information. We declined to give that information.
The “Say What?! Seminars” are coming to locations throughout the state to help those in the legal profession learn about Indiana’s new, “plain English” civil jury instructions.
U.S. District Judge Jane Magnus-Stinson takes her official oath.
Lilia G. Judson, executive director of Indiana Supreme Court Division of State Court Administration, has two new leadership roles involving the National Center for State Courts.
As social media is becoming more accepted as a way for professionals to network and promote business, some attorneys are slowly getting their feet wet, while others have decided to dive in head first.
Bricks and mortar aren’t what the practice of law is about for attorney Brian Powers. So, he does without them in the
traditional sense.
Marion County has a new judge, and that’s created the latest round of musical chairs for the Superior Court and prosecutor’s
office.
As a way to help judges and parties in paternity court in Marion County, an Indianapolis law firm recently offered conference
rooms and support staff for a day of pro bono mediation in its offices, something firm members say they hope other law firms
will consider if they have the available space.
What happens in Indiana regarding illegal immigration, same-sex marriage, and health-care reform may hinge on what happens
with litigation playing out in the nation’s appellate courts.