Judge: Indiana can sue IRS over health care rules
A federal judge has ruled Indiana and nearly 40 state school districts can sue the Internal Revenue Service over rules it imposed to implement the federal health care overhaul.
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IndyBar: Indiana Appellate Institute Moots Eight Cases, Raises Thousands for Scholarships
The Indiana Appellate Institute was created by the IndyBar Appellate Practice Section in 2010 as a resource for lawyers throughout the state who have oral arguments scheduled before the Indiana Supreme Court or Indiana Court of Appeals.
IndyBar: Fellows Demonstrate Community Commitment at Service Events
The Indianapolis Bar Foundation (IBF), the charitable arm of the Indianapolis Bar Association, chooses a new class of Distinguished Fellows each year. Fellows commit to contributing financially to the IBF, but there is also a service component that helps the Fellows give back to the community in a non-legal way.
IndyBar: Pro Bono in the Fast Lane!
In the mood for meaningful pro bono service without the long-term commitment? Check out two one-day-only pro bono opportunities coming up soon with the IndyBar!
Abrams: Sections, Committees and Divisions, Oh My!
Each quarter, I have the opportunity to listen to the chairs of all the Indianapolis Bar Association’s sections, committees and divisions describe accomplishments they have achieved during the past quarter as well as forecast great things to come throughout the balance of the year. There is some amazing work done by these groups – not all of which is known to our members.
IndyBar to Host Criminal Justice Complex Forum
IndyBar members are invited to attend an upcoming open forum on plans for the city’s proposed consolidated criminal justice complex. The forum will take place Monday, Aug. 18 from 4 to 5 p.m. in the IndyBar Education Center. It is offered to IndyBar members at no charge. Pre-registration is not required.
IndyBar Names Dickson and Kappes Recipients of 2014 Professionalism Awards
The IndyBar Professionalism Committee has named Chief Justice Brent Dickson of the Indiana Supreme Court the 2014 recipient of the Silver Gavel Award, while Philip “Skip” Kappes of Lewis & Kappes has been awarded the bar’s Professionalism Award.
IndyBar: Road Mapping with 2015 IndyBar President John C. Trimble
The nominations for IndyBar’s 2015 Board of Directors are now open, and it’s up to you to help determine the future of your local bar association! We talked to next year’s president, John C. Trimble of Lewis Wagner LLP, to get a roadmap of what board members can expect from board participation in 2015.
Indiana Court Decisions – July 23 to Aug. 5, 2104
Read recent Indiana opinions from appellate courts.
Hammerle On … ‘Wish I Was Here,’ ‘Life Itself’
Bob Hammerle says “Wish I Was Here” is one of those overlooked films that answers the question, “Is there anything worth a damn playing in the theater?”
DTCI: North Central Region Trial Academy
Need to enhance your skills as a litigator? Searching for a good trial advocacy seminar? If so, be sure to register today for the 2014 North Central Region Trial Academy! The academy is the only in-depth trial tactics seminar in Illinois, Indiana and Wisconsin designed by defense attorneys for defense attorneys.
DTCI: Paralegal summer social
The DTCI Paralegal Section Summer Social was held July 17 at The Slippery Noodle Inn in Indianapolis. Twenty current and prospective members of the section attended to hear DTCI director Kevin Tyra speak – and to take advantage of the complimentary refreshments offered by the event sponsor, Connor Reporting.
DTCI: The sleeping giant – Indiana’s Deceptive Consumer Sales Act
Indiana’s Deceptive Consumer Sales Act, I.C. 24-5-0.5 et seq., is a fairly complicated statute clothed in relative obscurity. The DCSA’s complexity is due partly to the way it is written, its scope, and the numerous cross-references to other conduct and statutes that fall within its purview. This article will introduce the statute, discuss its uses, implications, and its application to various types of transactions.
Opinions Aug. 12, 2014 ILD
Indiana Court of Appeals
Kramer Hill v. State of Indiana (NFP)
48A02-1311-CR-924
Criminal. Affirms the revocation of Hill’s probation under two separate causes.
Todd Firkins v. Sheryl Firkins (NFP)
55A01-1311-DR-488
Domestic relation. Reverses the trial court’s child support calculation and remands for recalculation of father’s weekly obligation that includes credit for paying children’s health insurance premium. Affirms awarding sole legal custody to mother, awarding both child dependency tax exemptions to mother for the 2013 tax year, and restriction on father’s parenting time. Rules father did not establish that trial court’s questions rendered the bench trial unfair.
Sergio Poitan v. State of Indiana (NFP)
73A01-1311-CR-512
Criminal. Affirms convictions for Class B felony burglary and Class D felony theft and aggregate sentence of 10 years.
Dustin Scott Stevenson v. State of Indiana (NFP)
45A03-1312-CR-494
Criminal. Affirms eight-year sentence for pleading guilty to burglary, a Class B felony.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of K.A. and S.A., Minor Children, and Their Father H.A., H.A. v. Indiana Department of Child Services (NFP)
28A01-1402-JT-70
Juvenile. Affirms termination of father’s parental rights.
Eric William Stahl v. State of Indiana (NFP)
45A04-1303-PC-137
Post conviction. Affirms denial of post-conviction relief petition.
In the Matter of the Paternity of A.E.T., A Minor Child, C.W., Individually and as Next Friend of A.E.T., Minor Child v. L.T. (NFP)
51A04-1401-JP-2
Juvenile paternity. Affirms denial of father’s petition to modify custody to grant him both joint legal and physical custody of minor child. Reverses trial court’s sua sponte restriction on father’s parenting time and remands to eliminate that provision from the order. Finds the trial court’s order on father’s child support was unclear and remands for trial court to determine whether the father’s petition for modifying child support should be granted.
Billy Ray Young v. State of Indiana (NFP)
34A04-1403-CR-114
Criminal. Affirms six-year sentence for pleading guilty to residential entry as a Class D felony and receiving stolen property as a Class D felony.
Opinions Aug.12, 2014
Indiana Court of Appeals
In re the Termination of the Parent-Child Relationship of C.A., L.A., and M.A. (Minor Children) and B.A. (Mother) and J.A. (Father) v. The Indiana Department of Child Services
55A04-1401-JT-37
Juvenile. Affirms termination of parental rights for mother and father to their three minor children following father’s conviction of Class B felony dealing methamphetamine and mother’s conviction of Class D felony neglect of a dependent. While mother neither received nor signed a case plan negotiated with the Department of Child Services, the record shows mother didn’t lack knowledge of what she needed to do to get her children back, but rather she didn’t participate. Evidence also was sufficient to support termination of mother’s and father’s parental rights.
Court affirms termination of parental rights without case plan
Morgan County parents, including a father who dealt meth to a confidential informant while his wife and three minor children were present, lost an appeal of their termination of parental rights Tuesday.
On the Move – 8/13/14
Read who’s recently joined Indiana firms, been appointed to committees or received an award.
Remembering former Indiana Justice Dixon W. Prentice
A former law clerk of Justice Dixon Prentice reflects on his time working with the justice.
Book review: Divorce case allows glimpse into amusing law firm matters
It begins with a ten year old’s Happy New Year greeting to her grandpa, including the sentence, “Mommy and Daddy are cranky.” It ends with a brief reminder on a lawyer’s personal legal stationary. In between these handwritten notes, “The Divorce Papers” tells a story about a divorce through legal documents, emails, court filings, news articles, a psychiatric report, statutes, judicial opinions, billable hour reports, invitations, and, of course, offers and counter-offers.
Long-time legal aid leader stepping down
Indiana Legal Services executive director Norman Metzger has announced he will retire March 31, 2015, ending a tenure at the nonprofit that stretched more than four decades.