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Although the law firm of Price Waicukauski & Riley has split, the plaintiff’s lawyers, who have successfully handled complex litigation and large class actions, say the separation is amicable and their respective practices will continue.
Indianapolis attorney Donald P. Bogard started writing a critique of some of America’s most intractable political problems in 2006. His book is out, but the problems haven’t changed.
Indiana Supreme Court
Ray Clifton v. Ruby McCammack
49S02-1504-CT-228
Civil tort. Affirms trial court grant of summary judgment in favor of motorist Ruby McCammack in a negligent infliction of emotional distress lawsuit filed by Ray Clifton, the father of a moped driver struck and killed in a crash. Clifton may not recover under the bystander rule because he does not meet the three circumstantial factors — that the scene viewed was essentially as it was at the time of the incident, that the victim was in essentially the same condition as immediately following the incident, and that the claimant was not informed of the incident before coming upon the scene.
Indiana Court of Appeals
Constantine D. Mills, Jr. v. Brandy Fisher (mem. dec.)
90A05-1504-JP-176
Juvenile. Reverses modification of child support order for Mills, who is incarcerated, and was ordered to pay monthly support in excess of his income. Remands for a revised modification of the support order. Judge Patricia Riley concurs with the reversal but would not remand for a modification and would leave Mills’ monthly support obligation at $12.
Michael Lindsey v. State of Indiana (mem. dec.)
71A04-1412-PC-576
Post-conviction. Affirms denial of post conviction relief.
The father of a moped driver killed in a collision with a car may not recover on a claim of negligent infliction of emotional distress, the Indiana Supreme Court ruled Monday, declining to extend the bystander rule in such cases.
A buyer of an auto parts retail business that used the same name, same signs, same location, same phone number, same inventory, same fixtures, and hired some of the same employees lost his appeal to the finding that he is liable for a higher employer rate as a successor business.
The leader of Indiana's state Senate Democrats is calling for new laws extending driving privileges and in-state college tuition rates to people living in the country illegally.
Whether Michigan City police officers should be forbidden from testifying in a murder case because they eavesdropped on the suspect’s conversation with attorneys will be decided by the Indiana Supreme Court.
The Indiana Board of Tax Review abused its discretion and conducted a “trial by ambush” when it heard the appeal of a property owner who challenged the assessment of a property in Long Beach.
A Spanish-speaking litigant failed to persuade an appeals court Monday that omissions on a jury trial waiver form merit reversal of his rape conviction.
An ex-husband who a trial court determined is owed $76,173 from his wife’s teacher retirement benefits was wrongly denied an opportunity to argue the arrearage can be pursued through contempt, the Indiana Court of Appeals ruled Monday.
A proposal to ban discrimination based on sexual orientation and gender identity has been tabled by city officials in the Indianapolis suburb of Carmel.
Indiana Court of Appeals
CaNon Harper v. State of Indiana (mem. dec.)
10A05-1407-PC-343
Post conviction. Affirms denial of post-conviction relief.
In the Matter of the Term. of the Parent-Child Relationship of: Br. H. & Be.H. and C.H. v. The Ind. Dept. of Child Services (mem. dec.)
79A05-1412-JT-602
Juvenile. Affirms termination of parental rights.
Robert Horner v. State of Indiana (mem. dec.)
71A03-1501-CR-10
Criminal. Affirms convictions of Level 6 felony intimidation and Class A misdemeanor battery.
U.S. Bank Trust National Association, as Trustee of American Homeowner Preservation Trust Series 2014A, Rex A. Wells v. Tera Klutz and Susan Orth (mem. dec.)
02A05-1503-MI-122
Miscellaneous. Reverses order denying U.S. Bank Trust’s motion to intervene as the mortgage holder of a property that was purchased at a tax sale and produced an $11,000 surplus. Remands to the trial court for proceedings to determine whether U.S. Bank Trust or the purchaser is entitled to the surplus funds.
Jonathan Finley v. State of Indiana (mem. dec.)
49A05-1503-CR-88
Criminal. Affirms conviction of Class D felony theft.
In the Matter of the Term. of the Parent-Child Relationship of M.C. and K.P. and C.C. v. The Ind. Dept. of Child Services (mem. dec.)
23A04-1503-JT-114
Juvenile. Affirms termination of parental rights.
In the Matter of the Term. of the Parent-child Relationship of: M.R.H. and M.M.E. and V.L.E. v. The Ind Dept. of Child Services (mem. dec.)
79A04-1502-JT-51
Juvenile. Affirms termination of parental rights.
Jevon Deandre Ollins v. State of Indiana (mem. dec.)
79A02-1502-CR-76
Criminal. Affirms four-year executed sentence and conviction of Class C felony battery resulting in serious bodily injury.
Marcus Hamilton v. State of Indiana (mem. dec.)
49A05-1502-CR-76
Criminal. Affirms four-year executed sentence and conviction of Level 5 felony battery.
Indiana Supreme Court
Blake Layman & Levi Sparks v. State of Indiana
20S04-1509-CR-548.
Criminal. Vacates conviction of murder and remands for entry of conviction of Class B felony burglary and for Layman and Sparks to be resentenced accordingly. Members of the “Elkhart 4,” Layman and Sparks were convicted of murder in the death of Danzele Johnson, who was shot by a homeowner whose house the suspects burglarized. There was simply nothing about the Appellants’ conduct or the conduct of their cohorts that was ‘clearly the mediate or immediate cause’ of their friend’s death, the court held.
A former auditor for a northwestern Indiana county has been convicted of embezzling more than $150,000 in government funds and defrauding her father-in-law of at least $400,000.
A bicyclist killed by an unlicensed motorist who took her boyfriend’s truck without his permission may not seek damages against the company that insured the truck’s owner, the Indiana Court of Appeals ruled Friday.
With jokes and stories of fond memories, Barnes & Thornburg and the Indiana Bar Foundation honored the legacy of Shirley Shideler, the law firm’s first female attorney and female partner, and recognized three women who are creating impressive legacies in the law of their own.
Three members of the “Elkhart 4” convicted of murder in a controversial, highly publicized case in northern Indiana had their murder convictions vacated Friday by the Indiana Supreme Court.
Indiana Court of Appeals
Jon Donovan v. State of Indiana (mem. dec.)
49A05-1503-CR-86
Criminal. Affirms conviction of Level 6 felony domestic battery.
Marvin Hester v. State of Indiana (mem. dec.)
48A02-1501-CR-28
Criminal. Affirms conviction of pointing a firearm at another person, a Class D felony.
Tyler Beathea v. State of Indiana (mem. dec.)
20A03-1411-CR-404
Criminal. Affirms convictions of Class B felony battery resulting in serious bodily injury of a child and Class D felony neglect of a dependent.
Indiana Court of Appeals
Tywaun Carter v. State of Indiana
49A04-1502-CR-52
Criminal. Affirms Carter’s conviction of two counts of Level 1 felony rape and 32-year sentence on each count to be served concurrently in the Indiana Department of Correction. Finds the victim’s work as a prostitute did not render her testimony and statements unbelievable, incredible or improbable. Rules the fact that the victim had been engaging in prostitution does not excuse Carter’s violent behavior or make his sentence inappropriate.