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Durham asks court for 5-year sentence

Convicted Ponzi schemer Tim Durham is requesting a much shorter prison stay than the life sentence federal prosecutors want him to serve.

Justices to decide if tax sale notice statute unconstitutional

The Indiana Supreme Court granted transfer to just one case last week, taking a Bartholomew County ruling involving a tax sale. The Indiana Court of Appeals in July held that Indiana Code 6.1-1-24-3(b) violates the 14th Amendment guarantee of due process.

Governor appoints Rush’s trial court replacement

Gov. Mitch Daniels announced Monday that he has selected Faith Graham to sit as judge of Tippecanoe Superior Court III. She succeeds Loretta Rush, who was appointed to the Indiana Supreme Court in September and joined the high court this month.

Practicing Law in Indiana: Intellectual Property Nov. 30

Indiana Lawyer is sponsoring a CLE on intellectual property law titled “Hits, Clicks, Links and Posts” on Nov. 30 in Indianapolis. David Wong and Brian McGinnis of Barnes & Thornburg will present. McGinnis will address online marketing and the sale of counterfeit goods. Wong will speak on issues related to social media, online advertising, IP infringement, privacy and defamation.

Registration begins at 11:30 a.m. The program is from noon to 2:15 p.m. at the Barnes & Thornburg Auditorium in Indianapolis. The cost is $79 and includes a box lunch. Two hours of CLE credit is available. Visit Indiana Lawyer's events page to register online or to download a printable registration form. For questions or more information, contact Karen Aruta at 317-472-5201 or [email protected].

Opinions Nov. 26, 2012 ILD

The 7th Circuit Court of Appeals and the Indiana appellate courts released no for-publication decisions by IL deadline. Below are the not-for-publication decisions released by the Indiana Court of Appeals.

Indiana Court of Appeals
Term. of the Parent-Child Rel. of B.W. and C.W. (Minor Children); J.W. (Mother) B.W. (Father) v. Indiana Dept. of Child Services (NFP)
33A04-1206-JT-289
Juvenile. Affirms termination of parental rights.

In Re the Paternity of G.J.C. and C.E.C.; J.T. v. N.R. and R.C. (NFP)
45A05-1205-JP-250
Juvenile. Reverses grant of mother’s motion for judgment on the evidence regarding paternity and remands for further proceedings.

Kellylee Sexton v. State of Indiana (NFP)
46A05-1204-CR-204
Criminal. Affirms conviction and sentence for Class B felony dealing in a controlled substance.

Kendrick Alexander v. State of Indiana (NFP)
02A03-1205-CR-213
Criminal. Affirms revocation of probation.

N.L. v. State of Indiana (NFP)
47A01-1205-JV-245
Juvenile. Affirms order juvenile N.L. register as a sex offender.

Todd Shireman v. Todd Hensley and Jerry McKay d/b/a H&M Cattle Company (NFP)
29A04-1201-PL-40
Civil plenary. Affirms denial of Shireman’s request for attorney fees under the general recovery statute and the grant of attorney fees to Shireman as a sanction for discovery violations.

Terry Wade v. State of Indiana (NFP)
36A01-1203-CR-85
Criminal. Affirms denial of motion to suppress evidence obtained as the result of a warrantless entry into Wade’s home.

Jonathan E. Perdew v. State of Indiana (NFP)
32A01-1112-CR-587
Criminal. Affirms Perdew’s convictions and aggregate eight-year sentence executed and eight years suspended for two counts of Class C felony child molesting, bur reverses a restitution order. Remands with instructions to modify the order to reflect the amount of restitution supported by the evidence.

Jack Marshall v. Beth Marshall (NFP)
27A05-1201-DR-52
Domestic relation. Affirms modification of Jack Marshall’s child support obligation and the treatment of extracurricular and extraordinary educational expenses, as well as the award of attorney fees to Beth Marshall.

J.P. v. State of Indiana (NFP)
49A02-1205-JV-360
Juvenile. Reverses true finding of delinquency for resisting law enforcement.

Albert Van Meter and Krissy Van Meter v. United States Steel Corporation (NFP)
45A03-1204-CT-156
Civil tort. Affirms summary judgment to U.S. Steel regarding its duty to Albert Van Meter under premises liability principles. Reverses in part the grant of summary judgment because genuine issues of material fact exist as to whether U.S. Steel assumed a liability to Van Meter and regarding breach and proximate cause. Remands for further proceedings.

Oluwasanmi Animashaun v. State of Indiana (NFP)
49A02-1203-CR-248
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.
 

Chapter 11 filing fee increases

The filing fee for a Chapter 11 case in the United States Bankruptcy Court in Indiana is now $1,213. The fee change went into effect Nov. 21.

Seegers Lecture to look at ‘legal realisms’

University of Chicago Law School professor Brian Leiter will deliver this year’s Seegers Lecture on Jurisprudence Thursday at Valparaiso University Law School. His topic is “Legal Realisms, Old and New.”

DCS study committee to hold last meeting Tuesday

The Department of Child Services Interim Study Committee will meet for the last time Tuesday in the Indiana Government Center to consider bill drafts, a final report and “other business,” according to the committee agenda.

Justices hear arguments in Ball State case

In a case that hinges on the definition of “supervisor,” the United States Supreme Court heard arguments Monday morning in a lawsuit filed by a Ball State University employee.

Opinions Nov. 21, 2012 ILD

Indiana Court of Appeals
James Henley v. State of Indiana (NFP)
49A02-1205-CR-404
Criminal. Affirms convictions of Class C felonies attempted forgery and forgery, and Class D felony theft.

Term. of the Parent-Child Rel. of K.S. and K.C. (Minor Children) and Y.C. (Mother) v. The Indiana Dept. of Child Services (NFP)
48A04-1202-JT-52
Juvenile. Affirms involuntary termination of parental rights.

Lanika Young v. State of Indiana (NFP)
http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2012/november/11211205pdm.pdf
49A04-1203-CR-138
Criminal. Affirms sentence following guilty plea to Class A misdemeanor carrying a handgun without a license.
 

Opinions Nov. 21, 2012

7th Circuit Court of Appeals
United States of America v. William Hagler
11-2984
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge William C. Lee.
Criminal. Affirms conviction of attempted bank robbery. Hagler argued that the government waited too long to indict him, that the evidence was insufficient to convict him, and that new DNA testing entitles him to a new trial.

Note to readers

IL daily will not be published Nov. 22 and 23 in observance of Thanksgiving. Indiana Lawyer wishes you a happy Thanksgiving!
 

Court affirms man’s conviction of murder, feticide enhancement

The Indiana Court of Appeals rejected a defendant’s claim that the state should have to prove that he knew his estranged wife was pregnant when he killed her in order to seek a sentence enhancement under the Indiana feticide enhancement statute.

COA orders man removed from Ind. sex offender registry

Nearly three months after hearing arguments on Thomas H. Andrews’ request that he should not have to register in Indiana for a conviction in Massachusetts in 1984, the Indiana Court of Appeals has ordered that he be removed from Indiana's sex-offender registry.

Trial court properly retained 1 juror, dismissed other

A defendant who argued that a Marion Superior Court should have dismissed a juror after she stood near the defendant and his attorney briefly during a recess, but should not have replaced the juror who claimed she wasn’t comfortable rendering a decision, lost before the Court of Appeals Wednesday.

Deadline to apply for SCOTUS Fellows program Nov. 30

If you’re interested in learning more about the federal judiciary first hand, consider applying for the Supreme Court of the United States Fellows Program. Fellows gain insight into the policy issues facing the judiciary as well as learn more about administrative functions.