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Indiana-based firm named best for women

January 1, 2008

Indianapolis-based law firm Ice Miller has been ranked as one of the 50 best law firms in the country for women, according to Working Mother magazine and Flex-Time Lawyers. It is the only Indiana-based law firm to make the list this year.The firm was chosen based on the fact that it allows attorneys to work reduced hours on a case-by-case basis, the number of leadership roles held by women in the firm, and establishment of a “mothers’ lounge” for women who…

Court chooses ‘lesser of two evils’

January 1, 2008

The Indiana Court of Appeals was forced to choose between the lesser of two evils in a case in which an ex-husband appealed a trial court’s nunc pro tunc order granting his ex-wife’s motion to correct error regarding their marriage dissolution decree. In James E. Johnson Jr. v. Marcia Johnson, No. 02A03-0710-CV-496, the appellate court had to decide whether the trial court erred in granting the nunc pro tunc order. James argued the trial court didn’t rule on Marcia’s motion to correct…

Committed woman’s charge must be dismissed

January 1, 2008

Faced with a question the U. S. Supreme Court declined to address more than 35 years ago, the Indiana Supreme Court affirmed a trial court's decision to dismiss a criminal charge against a committed woman who may never be able to stand trial because of incompetence.

Economic presence meets taxing requirement

January 1, 2008

In a matter of first impression, the Indiana Tax Court has ruled that a bank didn't need to have a physical presence in the state to be subject to Indiana's Financial Institutions Tax.

Court reverses grandparent visitation

January 1, 2008

The Indiana Court of Appeals agreed with a father that his due process rights were violated when a trial court ordered grandparent visitation over his objection. The majority reversed the petition for grandparent visitation filed by the children’s maternal grandparents, with one judge dissenting and writing the ruling would give parents a carte blanche to deny visitation for any reason. In James M. Hicks v. Gary Larson and Judy Larson, No. 26A01-0707-CV-302, Hicks had two children with Geri Hicks, the daughter of…

Sherman Minton competition needs judges

January 1, 2008

The Sherman Minton Moot Court Competition at Indiana University School of Law – Bloomington needs judges for the upcoming competition.

Court rules on marital estate divisions

January 1, 2008

A trial court should assume that when a divorcing couple divides part of their marital assets on its own, that division is done justly and reasonably and the court should divvy up the remainder of their estate as the entire balance.The Indiana Court of Appeals made that holding in today’s ruling on Thelma M. Nornes v. Raymond M. Nornes, No. 46A03-0712-CV-564, a divorce case out of LaPorte County. The two were married in 1998 and started the dissolution process in 2006.Prior…

Appeal likely in post-deadlocked capital case

January 1, 2008

The Indiana Supreme Court may be asked to determine whether an Evansville judge correctly decided to uphold a death sentence after a jury’s indecision regarding the penalty.Attorneys for death row inmate Daniel Ray Wilkes aren’t taking issue with how Vanderburgh Circuit Judge Carl Heldt applied the law but rather the nature and constitutionality of the statute itself.Judge Heldt in late January decided on the death sentence for Wilkes, who was convicted in December on three murder counts for the April 2006…

Third-party settlement ends fund liability

January 1, 2008

The Indiana Supreme Court held in a case of first impression in worker’s compensation that when a settlement with a third-party ends an employer’s liability, the liability of the Second Injury Fund will also be terminated. However, when the Indiana Worker’s Compensation Board approves an agreement by the employer to continue paying worker’s comp benefits after the settlement, the injured employee may make a claim to the Second Injury Fund. In Ronald Mayes v. Second Injury Fund, No. 93S02-0802-EX-0107, Ronald Mayes…

7th Circuit jury instructions open for public review

January 1, 2008

The 7th Circuit Pattern Civil Jury Instructions Committee is looking for public comments on proposed pattern patent civil jury instructions for the 7th Circuit Court of Appeals.

COA: Parental rights termination set aside

January 1, 2008

The Indiana Court of Appeals reversed a juvenile court’s termination of parental rights of both parents of an infant, finding evidence presented to support the termination wasn’t clear or convincing. In In the matter of the termination of the parent-child relationship of A.B., and Angela B. and Brian J. v. Lake County Department of Child Services, No. 45A03-0712-JV-567, the appellate court ruled the court’s judgment terminating the parental rights of Angela and Brian over A.B. was erroneous because the Lake County Department…

Inmates’ child support orders can be modified

January 1, 2008

  In a decision that may affect child support modification orders, the Indiana Court of Appeals held today an earlier Indiana Supreme Court decision also applies to a request for a modification because of incarceration. In Todd Allen Clark v. Michelle D. Clark, No. 35A05-0801-CV-26, the appellate court used the Indiana Supreme Court’s decision in Lambert v. Lambert, 861 N.E.2d 1176 (Ind. 2007), to determine whether Todd Clark’s verified petition for abatement and/or modification of child support order should have been granted. …

Lawyer to speak about detainee client

January 1, 2008

The Indianapolis Lawyer Chapter of the American Constitution Society will present "Boumediene: Where do we go from here?" at noon Sept. 11 at Ice Miller in Indianapolis.

Agriculture Law Foundation gets cy pres money

January 1, 2008

The Indiana Agricultural Law Foundation will receive $500,000 in funds made available through a class action settlement of a case in the U.S. District Court, Southern District of Indiana.

Court: amended charges not allowed

January 1, 2008

The Indiana Court of Appeals reinstated one conviction and reversed two others for a man charged with resisting law enforcement, auto theft, and battery. At issue in Donyea Fowler v. State of Indiana, No. 71A05-0704-CR-200, is whether the trial court properly reversed Fowler’s conviction of resisting law enforcement. Fowler also appealed his convictions of auto theft and battery, arguing the charges were added after the time allowed by Indiana statutes. Police officers from several departments showed up to the home where Fowler…

Judge, attorneys to get national, state awards

January 1, 2008

A judge and two attorneys from Indiana will receive awards for their work in the legal community and media law.Dearborn Superior Judge G. Michael Witte will receive the Franklin N. Flaschner Award given by the National Conference on Specialized Court Judges Aug. 7 at the American Bar Association’s annual meeting. The award recognizes a judge in a court of limited jurisdiction who has an excellent reputation, commitment to high ideals, and exemplary character, leadership, and competence in performing legal duties. Judge…

Court rules on annexation, land dispute

January 1, 2008

A county was able to establish an economic development area in unincorporated land that was also in the process of being annexed by a town because the annexation process hadn’t been completed yet, ruled the Indiana Supreme Court. When the Boone County Redevelopment Commission (RDC) initiated proceedings to create an economic development area (EDA), the area included land on which Whitestown had initiated annexation proceedings just one week earlier in July 2006. In October 2006, the Boone County Board of Commissioners…

Bar wants merit-based selection extended

January 1, 2008

The Lake County Bar Association will send a delegation to Friday's Commission on Courts meeting to endorse the adoption of legislation that would support merit-based selection of judges to the County Courts Division.

COA: Court has personal jurisdiction over CIDs

January 1, 2008

Indiana trial courts can assert personal jurisdiction over out-of-state companies for the purposes of enforcing an Indiana Attorney General’s petition to enforce a civil investigative demand, ruled the Indiana Court of Appeals today. In a case of first impression, the appellate court was asked to determine whether a trial court lacked personal jurisdiction over an Ohio company that had franchises located in but not registered in Indiana, and thus erred by granting the Attorney General’s petition to enforce a civil investigative…

High court vacates post-conviction relief petition

January 1, 2008

Although the Indiana Supreme Court vacated the post-conviction court's grant of a petition for relief, it remanded the issue to determine if it should be granted on other grounds raised in the petition.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

  • List of new Indiana laws approved this year

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

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