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Opinions Oct. 21, 2014 ILD

Indiana Court of Appeals
Fredrick Dabner v. State of Indiana (NFP)
03A01-1402-CR-91
Criminal. Affirms two-and-a-half-year sentence for Class D felony strangulation.

Ronnie Jackson v. State of Indiana (NFP)
09A02-1401-CR-31
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Loren Mack v. State of Indiana (NFP)
53A01-1403-CR-118
Criminal. Affirms aggregate 10-year sentence for four counts of Class C felony fraud on a financial institution.

Derrick Runell Woods v. State of Indiana (NFP)
45A03-1404-CR-124
Criminal. Affirms conviction of Class B felony dealing in a narcotic drug.

 

Opinions Oct. 21, 2014

Indiana Court of Appeals
Gary A. Gallien v. State of Indiana
22A01-1402-PC-50
Post-conviction. Reverses denial of post-conviction relief due to defense attorney’s failure to raise the issue of maximum consecutive sentences under I.C. 35-50-1-2. The majority held Gallien was prejudiced by his defender’s failure to raise the issue regarding burglaries that were “closely related in time, place, and circumstance.” Dissenting judge Cale Bradford agreed with the majority’s analysis but would affirm the trial court because he didn’t believe Gallien was prejudiced by his counsel’s failure to raise the issue.

Head West with the IndyBar!

Looking for an excuse for a late fall trip to Vegas? It’s not too late to register for the IndyBar’s 2014 Destination CLE, to be held Thursday, Nov. 6 through Saturday, Nov. 8!

IndyBar: Generosity Shines Bright at the Evening Under the Stars

The IBF’s 2014 Evening Under the Stars Dinner and Auction was a resounding success. Thanks to all of you who were able to attend the dinner, donated items to the silent or live auctions or donated your time planning and setting up the event.

IndyBar: Executive Director Honored with 2014 Indiana Women of Achievement Award

Ball State University has named Indianapolis Bar Association Executive Director Julie Armstrong a 2014 recipient of the Indiana Women of Achievement Award. This award is given by the university’s Task Force on the Status of Women each year to five women across the state “who enrich the lives of others through outstanding accomplishments in a variety of fields.

IndyBar: Recognition Awards Honor Indy’s Leading Legal Professionals

Each year, the IndyBar takes time to honor and celebrate local leaders with innovative ideas at the Indianapolis Bar Association and Foundation Recognition Luncheon. On Thursday, Nov. 13, join your colleagues at the Columbia Club at noon as we recognize the following individuals and initiatives that have made outstanding contributions to the legal profession. Registration for the event can be found at www.indybar.org/events.

On The Move – 10/22/14

Read who’s recently joined Indiana firms, been honored for their work, or opened a new firm.

Start Page: Take a few (more) steps toward a ‘paper-less’ office

Law firms will likely never be completely paperless (i.e., completely electronic). A good goal for firms, courts and attorneys is to use less paper and be more “paper-less.” This article presents four steps you can take to reduce the use of, and reliance on, paper in practice.

DTCI: Proceed with caution and civility during depositions

As a young lawyer, I have quickly learned that this friction between our duties to our clients and our duty to behave civilly becomes overly apparent at depositions. Without a doubt, depositions are an extremely effective and widely used discovery tool. They present great opportunity to gain valuable facts that can be used against an opponent. That being said, they also present great opportunity for incivility, especially because depositions are generally held outside a judge’s supervision.

Singer/Jones: A survival guide for zombie construction projects

In real estate and construction, zombies really are all around us. Structures with no life inside scar the real estate landscape in every major city – the abandoned automobile-parts manufacturing facility; the half-completed condo building; the vacant video store with its giant, empty parking lot; the literal hole in the ground surrounded by rusted construction fencing and graffiti – all threatening the health and safety of the structures and inhabitants around them.

Laurin: Well-crafted contracts can avoid subrogation disputes

Most Indiana construction law practitioners would probably agree that Indiana caselaw on construction issues is hardly robust. One exception is cases that address the enforceability of waiver of subrogation provisions (usually under AIA contracts) to prevent claims for damage to the “Work” (again usually as defined by AIA contracts) when a builder’s risk policy should or does cover the damage.

Public-private partnerships’ popularity peaking

In an era of tight lending for construction, public-private partnerships are a solution to get desired projects funded and under way. Attorneys who represent parties in such deals say nuanced negotiations hold the key for deals with a shared vision but sometimes competing interests.

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