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Opinions 8.4.10 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Justin Davis v. State of Indiana (NFP)
49A05-1001-CR-6
Criminal. Affirms convictions of murder, two counts of Class C felony robbery, Class C felony attempted robbery, and Class A misdemeanor carrying a handgun without a license.

Aaron D. Ellis v. State of Indiana (NFP)
15A01-1001-CR-56
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.

Jason T. Fabini v. Joanne M. Fabini (NFP)
02A03-1003-DR-152
Domestic relation. Affirms order granting Jason Fabini’s motion to modify child support.

Edward Ray Kind v. State of Indiana (NFP)
79A02-1003-CR-291
Criminal. Affirms sentence following guilty plea to two counts of Class A felony dealing in cocaine, one count of Class A felony possession of cocaine, and one count of Class D felony maintaining a common nuisance.

Robert L. Terry v. State of Indiana (NFP)
49A02-0910-CR-993
Criminal. Grants petition for rehearing for the sole purpose of remanding the case to the trial court for clarification on whether the trial court’s order to suspended Terry’s driving privileges for a fixed period of two years and 90 days was contrary to law.

Indiana Tax Court had posted no opinions at IL deadline.

Opinions Aug. 4, 2010

Indiana Court of Appeals
Wells Fargo Insurance v. Bruce A. Land
48A02-0911-CV-1099
Civil. Affirms Land is entitled to commission on all of his 2005 crop-year policies. By Feb. 2, 2006, the date of Land’s
resignation, the sales had been consummated, and his right to the 2005 crop-year commissions had fully accrued, subject only
to receipt of the premium payments.

Judges needed for moot court

The Sherman Minton Moot Court competition at Indiana University Maurer School of Law is seeking judges for this fall’s
competition.

Man entitled to commission, but a reduced amount

Because a former employee wasn’t aware of nor agreed to a plan that would effectively limit his earnings from selling crop insurance, the Indiana Court of Appeals affirmed based on Indiana law that he was entitled to his commission he secured in 2005 even if premiums weren't received until later. The appellate court did, however, reduce the amount of money his former employer owed him due to draws and set-offs.

Opinions Aug. 3, 2010 ILD

Indiana Supreme Court had posted no opinions by IL deadline.

Indiana Court of Appeals
James
Chenoweth v. State of Indiana (NFP)
20A03-0912-CR-566
Criminal. Affirms convictions of two counts of Class A felony child molesting.

John
W. Sawyer v. State of Indiana (NFP)
48A04-1001-CR-129
Criminal. Affirms revocation of probation.

Yul
Anderson and Rachel Anderson v. Ronald E. Weldy (NFP)
30A01-0906-CV-271
Civil. Remands for the trial court to make a determination on Weldy’s claim of fraud and for contractual attorney fees
and costs under the lease agreement. Rules the trial court did not err in granting summary judgment in Weldy’s favor
regarding his breach-of-contract claim, and that the court correctly dismissed the Andersons’ counterclaims of tortuous
interference with a business relationship and slander.

Ashley
Smith v. State of Indiana (NFP)
48A02-1001-CR-7
Criminal. Affirms convictions of and sentences for Class D felony operating a vehicle while intoxicated and Class A misdemeanor
operating while intoxicated in two separate causes, and affirms violation of probation in another cause.

Janell
Peery v. Indiana Department of Child Services (NFP)
72A01-0910-CV-497
Civil. Affirms dismissal of petition for judicial review of Indiana Department of Child Services’ decision affirming
substantiated findings of child abuse and neglect.

William
G. McLaughlin v. State of Indiana (NFP)
85A02-1002-CR-260
Criminal. Affirms denial of petition for permission to file a belated notice of appeal.

Indiana Tax Court had posted no opinions by IL deadline.

 

Court: insufficient notice bars tort claim

The Indiana Court of Appeals today ruled that insufficient notice barred a complaint for damages in a case involving a condominium
complex and its various longtime issues.

COA extends judicial immunity to arbitrators

The Indiana Court of Appeals affirmed the dismissal of a real estate broker’s action to vacate an arbitration award
to another broker. In doing so, the appellate court extended judicial and quasi-judicial immunity to arbitrators and their
sponsors.

Justices grant 3 transfers

The Indiana Supreme Court granted three transfers and dismissed one case during its conference late last week, when the justices
examined a total 35 cases that were before them for possible transfer.

Governor names new Marion Superior judge

The governor has appointed Barbara L. Cook Crawford as the newest Marion Superior judge. She will replace former Marion Superior
Judge Tanya Walton Pratt, who was appointed to the U.S. District Court’s Southern District of Indiana in June.

IBA: Saving Time and Sanity

Time spent on the phone with a prospective client is time well spent when that prospective client becomes a paying one.

IBA: Did You Know?

At this week’s American Bar Association Annual Meeting in San Francisco, the Indianapolis Bar Association will be well-represented
as several bar members and staff will be participating in leadership positions.

IBA: Bar Foundation Seeks Leaders

Your Indianapolis Bar Foundation is seeking energetic leaders interested in helping to guide this dynamic fundraising board
in 2011.

Hickey: Napoleon Who?

From what started as a 30-member group in 1878 to what is now a growing association with nearly 5,000 members, the IBA has come a long way since well before we became members.

IBA: Climate Changing the Billable Hour

A survey recently released by law firm management consulting company Altman Weil reports a clear consensus emerging among US law firms on changes in the profession.

IBA: Mediation Day

The Indianapolis Bar Association’s ADR Section and the Bar’s Standing Committee on Pro Bono jointly hosted their first annual Mediation Day on August 3, 2010 at Baker & Daniels downtown Indianapolis office. 

IBA: Zoning Cases Moved with Judge Keele

Marion Superior Court Judge Michael Keele recently moved from civil court 12 to civil court 7 prompting a discussion about
assignment of zoning and substantive civil environmental cases.

IBA: Providing Services to the Deaf

Twenty years ago the United States took a giant leap forward in providing access for all persons regardless of ability with
passage of The Americans with Disabilities Act (ADA).