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Opinions Oct. 19, 2016

Indiana Court of Appeals
State of Indiana v. Charles Summers
09A02-1604-MI-933
Miscellaneous. Reverses Cass Superior Court’s order granting Charles Summers’ petition to remove his name from the sex-offender registry. Finds that because Summers was under a tolling requirement in Illinois, there is no punitive burden to maintaining that requirement across state lines and that there is no ex post facto violation. Remands for further proceedings.

COA dismisses divorce appeal for untimeliness

The Indiana Court of Appeals has dismissed an appeal of an order dissolving a LaPorte County couple’s marriage after finding that the appeal was not filed within the correct timeframe.

Barnes & Thornburg malpractice suit prompts judge’s warning

Indiana’s largest law firm prevailed in defending a judgment in its favor in a legal malpractice suit, but an Indiana Court of Appeals judge took the opportunity to question whether lawyers should be able to shield themselves from liability for future acts of malpractice.

COA: Illinois sex offender must register in Indiana

An Illinois sex offender now living in Indiana must keep his name on the Indiana sex-offender registry after the Indiana Court of Appeals found Wednesday that there was no ex post facto violation in applying the state’s registration tolling statute to the man after he moved to Indiana.

COA allows juvenile expungement despite pending charge

The Indiana Court of Appeals has allowed a Marion County man’s juvenile record to be expunged after finding that a criminal charge that was filed against him after he filed a petition for expungement cannot be held against him in the expungement case.

Secretary of State: Altered voter registrations raise concerns

Thousands of voter registrations were altered, raising concerns about possible fraud, says Indiana's chief elections official, whose office warned voters to check whether their information is correct online and encouraged voting early to avoid problems on Election Day.

Victims to collect money soon in Veros case

Efforts to clean up what the Securities and Exchange Commission alleged was an $8.6 million Ponzi scheme perpetrated by Indianapolis-based Veros Partners Inc. are entering their final stages, with all but one defendant having reached a settlement and the company’s receiver preparing to make his first distribution to affected investors.

Victims to collect money soon in Veros case

Efforts to clean up what the Securities and Exchange Commission alleged was an $8.6 million Ponzi scheme perpetrated by Indianapolis-based Veros Partners Inc. are entering their final stages, with all but one defendant having reached a settlement and the company’s receiver preparing to make his first distribution to affected investors.

Rolling Stone defamation trial over rape article begins

The woman who claimed she was gang raped in a now-discredited story in Rolling Stone magazine said the University of Virginia dean who counseled her after she came forward about her alleged assault "did everything right," an attorney said Tuesday.

State police investigating possible voter fraud

The Indiana State Police are investigating possible statewide voter fraud after the Secretary of State’s office discovered thousands of Hoosiers’ voter registration information had been changed.

Opinions Oct. 18, 2016

Indiana Court of Appeals
State of Indiana ex rel. Indiana Department of Transportation v. Joshua Dehaven and FBi Buildings, Inc.
37A05-1603-CC-648
Civil collection. Affirms denial of the State of Indiana, ex rel. Indiana Department of Transportation’s motion for summary judgment in lawsuit against Joshua DeHaven and FBi Buildings, Inc. INDOT is not entitled to recover, as a matter of law, the actual cost incurred to repair the bridge after DeHaven struck it with his trailer.

COA prevents INDOT from seeking more than $100k in damages after bridge accident

The Indiana Court of Appeals has affirmed the denial of summary judgment for the Indiana Department of Transportation after the department had argued that it should be allowed to seek the more than $100,000 it spent to repair a state bridge damaged in an accident, an amount that was double the estimated cost.

IndyBar: More than 460 Helped at Ask a Lawyer

IndyBar volunteers donated both their time and expertise to provide community members in need with invaluable legal advice and guidance at Ask a Lawyer on Oct. 11. This biannual event is the IndyBar’s largest pro bono program and has helped more than 3,000 Hoosiers over the past two years.

IndyBar: IBF Scholarships Help Students Reach Full Potential

Receiving two Indianapolis Bar Foundation (IBF) sponsored scholarships in 2016 was quite an accomplishment for Alexander Van Gorp. The scholarships provided him not only with needed financial assistance, but also served as inspiration to persevere in his preparations to become an attorney.

IndyBar: Recognition Awards Honor Indy’s Leading Legal Professionals

The recipient of the President’s Award for Service to the Association is the Futures 2020 Work Group, led by chair David Duncan of Scannell Properties. This work group has dedicated significant time and effort to researching the trends and changes in the profession in order to position the IndyBar to better serve its members through 2020 and beyond.