‘Settlement Week’ helped to change public policy in civil cases
Lawyers 25 years ago had a radical concept: Let’s see how many civil lawsuits we can settle in a week.
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Indiana Lawyer celebrates 25 years
In 2015, Indiana Lawyer turns 25, and we’d like to take this opportunity to say thank you to our readers as well as those who have served as news sources, partners and supporters along the way. We plan to spend the year taking a look back at some of the stories and people we’ve covered and hope that you will enjoy the flashback.
Justices to hear appeal of man convicted in son-in-law’s stabbing
The Indiana Supreme Court has added to its docket a case that split the Court of Appeals over whether allegedly inconsistent statements of a man stabbed by his father-in-law should have been admitted.
Opinions Jan. 12, 2015 ILD
Indiana Court of Appeals
Robert C.W. Getchell v. State of Indiana (NFP)
42A01-1407-CR-281
Criminal. Affirms revocation of placement in community corrections.
Wesley A. New v. State of Indiana (NFP)
20A03-1404-CR-121
Criminal. Affirms conviction of operating a vehicle while intoxicated.
In the Matter of the Civil Commitment of: R.S. v. Gallahue Mental Health Services (NFP)
49A02-1405-MH-357
Mental health. Affirms temporary commitment.
Curtis Williams v. State of Indiana (NFP)
49A05-1405-CR-214
Criminal. Affirms conviction of Class A misdemeanor battery.
Opinions Jan. 12, 2015
Indiana Court of Appeals
David Anderson, Comm., Joe Wray, Comm., and Board of Trustees, Brown Co. Fire. Prot. Dist. v. Susanne Gaudin, Janet Kramer, And Ruth Reichmann
07A01-1406-PL-265
Civil plenary. Affirms trial court order invalidating the Brown County commissioners’ amendment of an ordinance creating a countywide fire district. In creating the district, the commissioners expressly granted it and its board of trustees the powers and authority enumerated in the ordinance, thereby relinquishing power to amend the ordinance.
COA: County Commissioners can’t amend fire district ordinance
Brown County commissioners who created a countywide fire district lost an appeal of a trial court order saying they had no authority to later amend the ordinance that had created the district.
Lanane to Pence: properly staff DCS caseworkers
Indiana Senate Democratic Leader Tim Lanane said Monday that Gov. Mike Pence must add 77 new caseworkers at the Department of Child Services to comply with state law.
Title conveyance travels winding road but COA finds owner
A fresh batch of legal questions are headed to the Wabash Circuit Court for resolution after the Indiana Court of Appeals found feuding neighbors were not co-owners of a lane that connects to all their properties.
Justices appear to favor small church over sign law
The Supreme Court of the United States on Monday appeared likely to side with a small church in its fight with a Phoenix suburb over limits on roadside signs directing people to Sunday services.
Opinions Jan. 9, 2015 ILD
Indiana Court of Appeals
Mason Brown v. State of Indiana (NFP)
35A05-1406-CR-294
Criminal. Affirms denial of motion to withdraw guilty plea to three felony counts of Class B criminal deviate conduct, one count of Class B rape and one count of Class D sexual battery.
Opinions Jan. 9, 2015
Indiana Court of Appeals
Jerome Sheckles v. State of Indiana
10A04-1405-CR-204
Criminal. Affirms conviction of Class A felony dealing in cocaine and adjudication of Sheckles as a habitual substance offender. Sheckles was not deprived of his right to a speedy trial under Criminal Rule 4(C), the trial court did not err when it denied Sheckles’ request for disclosure of a confidential informant’s identity, nor were Sheckles’ confrontation rights violated. The trial court did not abuse its discretion when it admitted into evidence a police video recording of the controlled buy.
Tennessee company sues Tippecanoe County over proposed quarry
A Tennessee company has sued officials in Tippecanoe County, saying they didn't have the authority to pass an ordinance meant to block a proposed limestone quarry project along the Wabash River.
Annual ‘Talk to a Lawyer’ program will offer free legal assistance
Attorneys across Indiana will be volunteering their services to help low-income individuals as part of the Indiana State Bar Association’s 2015 statewide “Talk to a Lawyer Today” program.
Second Indy township official charged with embezzlement
Federal prosecutors have charged a Center Township official in Indianapolis with embezzling tens of thousands of dollars in Social Security payments intended for disabled and elderly recipients.
Appeals court affirms cocaine-dealing conviction
A man convicted of Class A felony dealing cocaine and adjudicated a habitual substance offender couldn’t persuade the Indiana Court of Appeals that he was deprived of a speedy trial or that the evidence against him was improperly admitted or insufficient.
Bill would block local limits on large livestock facilities
Local governments would be prohibited from placing restrictions on large livestock facilities in rural areas under a bill being considered in the Indiana Senate.
CNBC’s ‘American Greed’ puts focus on Conour as appeal proceeds
The CNBC program “American Greed,” which bills itself as a “shocking true crime series (that) examines the dark side of the American Dream,” has taped an episode profiling former Indianapolis lawyer and convicted fraudster William Conour.
Opinions Jan. 8, 2015 ILD
Indiana Court of Appeals
Kristopher Souter v. State of Indiana (NFP)
02A03-1405-CR-170
Criminal. Reverses $2,500 restitution order following guilty plea to Class D felony receiving stolen property and Class B misdemeanor false informing. Remands with instructions to recalculate the amount of restitution owed by Souter.
Joel Bryce Granberry v. The Bank of New York Mellon Renovations by Russell LLC (NFP)
30A04-1405-CT-213
Civil tort. Affirms denial of Granberry’s motion to correct error, which challenged the dismissal of his actions against The Bank of New York Mellow and Renovations by Russell LLC. Remands for a determination of appellate attorney fees owed to Renovations by Russell.
Opinions Jan. 8, 2015
7th Circuit Court of Appeals
Daniel P. Minnick v. Carolyn W. Colvin, acting commissioner of Social Security
13-3626
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Joseph S. Van Bokkelen.
Civil. Reverses judgment of the District Court upholding the acting commissioner’s decision to deny benefits to Minnick and remands for further proceedings. The administrative law judge did not fully develop the record before drawing any conclusions and did not adequately articulate her analysis so that the appellate court could follow her reasoning.
Court properly excluded evidence regarding victim’s truthfulness
The trial court was correct to exclude evidence of specific instances from a woman regarding the truthfulness of her son, the victim of a sex crime, the Indiana Supreme Court ruled Thursday. That evidence is prohibited by Indiana Evidence Rule 608.