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Opinions Sept. 30, 2013

Opinions, Sept. 30, 2013

Indiana Court of Appeals
Jeffrey Archer v. State of Indiana
49A05-1209-CR-448
Criminal. Affirms Class A felony conviction of child molestation, rejecting arguments that the trial court’s statement about the victim’s competency was an impermissible vouching statement and that the court improperly allowed vouching statements by multiple witnesses. The court’s denial of Archer’s request to present evidence of the victim’s post-allegation demeanor also was proper, as were jury instructions and the effectiveness of Archer’s trial counsel.

Failure to object to anonymous jury not ineffective assistance

A man convicted of murdering his 39-week-pregnant estranged wife cannot claim he received ineffective assistance of counsel because his attorney failed to object to an anonymous jury, the Indiana Court of Appeals ruled Monday.

Small-claims change of judge time limit further divides appellate courts

How long a small-claims court litigant has to request a change of judge is a question that divided a Court of Appeals panel Monday, where a majority found that an earlier appellate panel majority got it wrong. The dissenting judge authored the prior opinion, and said it shouldn’t be disturbed even if it may have been wrongly decided.

Summary judgment improper in non-compete clause appeal

A trial court erred in granting summary judgment in favor of a former employer that sought to exercise a non-compete clause in the contract of an airline mechanic who went to work for another company.

Opinions Sept. 27, 2013, ILD

The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.

Indy attorney ID card fee to increase, but so should perks

The fee lawyers pay for identification allowing them to avoid security checkpoint lines at the City-County Building in Indianapolis will increase, but so will the functionality of the cards, according to a proposal adopted Friday.

2014 Leadership in Law nominations due today

The Indiana Lawyer invites you to nominate a member of Indiana’s legal community for a 2014 Leadership in Law Award. Attorneys eligible for nomination as a Distinguished Barrister have practiced law a minimum of 20 years, while attorneys eligible for nomination as an Up and Coming Lawyer have been practicing 10 years or less.

Leadership in Law awards recognize lawyers who have shown a commitment to their clients, their communities, and the continued betterment of the legal profession. Serving as professional leaders, on boards and in civic organizations, and as mentors for young lawyers, honorees exemplify the best of the Bar. Nominations may be submitted by a colleague, community member, or the nominee. The deadline for submitting nominations is Jan. 22, 2014.

More information about the Indiana Lawyer's Leadership in Law awards and submitting a nomination may be obtained here. A list of honorees from past years may be viewed here.
 

Registration and IOLTA deadline looming

Time is running out for Indiana attorneys to complete their annual attorney registration payments and IOLTA certification. The deadline is Oct. 1.

Zoeller joins multi-state call for e-cigarette regulation

The Food and Drug Administration should restrict the sale and marketing of increasingly popular e-cigarettes, particularly to minors, Indiana Attorney General Greg Zoeller advocates in joining a letter signed by AGs from 36 other states and three U.S. territories.