DTCI: Meet your 2014 Board of Directors
At the November annual meeting of the Defense Trial Counsel of Indiana, the following officers and directors were elected. They assumed office Jan. 1, 2014.
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Longtime firm Stewart & Irwin abruptly closes
Stewart & Irwin P.C. in Indianapolis shut down this summer and its closure remains a mystery. The firm ceased practice without a public statement or acknowledgment. In early June, its top-floor offices at 251 E. Ohio St. in Indianapolis were locked after a private gathering a few days prior for people who had worked there. […]
Taft moves into Chicago market with merger
The record-breaking year for law firm mergers included firms with strong Indiana ties. Altman Weil MergerLine suggested this summer that 2013 could see a high number of mergers and acquisitions. Going into the fourth quarter, 78 mergers had been announced, eight more than the previous record of 70 set in 2008. Included in this year’s […]
Write down those pro bono hours
Indianapolis Bar Association members listen to Indiana Chief Justice Brent Dickson make the case for reporting pro bono hours. The ISBA House of Delegates approved the proposal. (IL file photo) The Indiana State Bar Association’s House of Delegates this fall approved a proposal championed by Indiana Chief Justice Brent Dickson that for the first time […]
Coast to coast fore a good cause
Indiana University Robert. H. McKinney School of Law student Luke Bielawski played the ball wherever it landed during his cross-country fundraiser. (IL file photo) An Indianapolis law student made national headlines this year for his driving – with a golf club. Indiana University Robert H. McKinney School of Law student Luke Bielawski swung his golf […]
Lawyers drive, skydive and tend to hives
Plews Shadley Racher & Braun LLP attorneys (from left) John Ketcham, Chris Plews and George Plews enjoy beekeeping. (IL file photo) Some days, it feels like you never leave the office. But we know lawyers are not all work and no play, so we like to highlight the interesting and quirky things you do when […]
Criminal code overhauled
Legislators in 2013 passed the first comprehensive reform of Indiana’s criminal code in more than 35 years. HEA 1006 made various changes to the criminal code, including to community corrections, sentencing and many crimes. It removes the current four-level felony penalty classification and replaces it with a six-level felony penalty classification. Some of the bill […]
Indiana sees new law school, deans
2013 was a busy year for the state’s law schools, which now total five. Indiana Tech Law School opened in August, welcoming 30 students – far less than the target goal of 100 students in the inaugural class. Indiana Tech held a special dedication ceremony for the law school Sept. 14. Since Indiana Tech voted […]
On The Move – 1/1/14
Read what attorneys have recently joined Indiana firms and other happenings of Indiana lawyers.
Can parents sue DCS? Yes, divided justices rule
A sharply divided Indiana Supreme Court decision that a family may sue the state’s child protection agency for negligence is sure to resonate within the Department of Child Services, attorneys familiar with the case said.
Untying the knot yourself
Couples forgoing legal counsel in divorce risk creating big messes the courts can’t clean up.
Hammerle On…’American Hustle,’ ‘Inside Llewyn Davis,’ ‘Anchorman 2: The Legend Continues,’ ‘The Hobbit: The Desolation of Smaug’
Bob Hammerle says don’t be surprised if David O. Russell’s “American Hustle” wins Oscar’s top prize.
Previous conviction? Expunge it!
Indiana’s expungement law took effect in 2013, allowing people convicted of certain crimes to have their criminal records restricted. The new law allows records to be sealed and expunged for people arrested but not convicted or if a conviction is vacated on appeal. It also allows people convicted of misdemeanors to petition the court for […]
Criminal law committee passes pilot programs, studies
Four proposals approved during the final meeting of the Criminal Law and Sentencing Policy Study Committee appear headed for consideration during the 2014 session of the Indiana General Assembly.
Attorneys misbehaving
An Indiana lawyer being disciplined isn’t necessarily news. This year, the Indiana Supreme Court issued more than 80 disciplinary orders, sometimes dealing with the same attorney matter. But some cases do stand out more than others, like when a judge’s discipline case is believed to be the most voluminous judicial disciplinary proceeding in the state’s […]
Concerns exist over proposed sentencing bill
The balance struck between the opposing demands of the prosecutors and public defenders in the proposed criminal sentencing bill may be upended during the 2014 legislative session, which could force Indiana to squeeze hundreds of millions of dollars from the state budget to build a new prison.
New Maurer dean to create buzz about school
Austen Parrish says the Bloomington law school is well-positioned to meet challenges of the future.
Indiana’s courthouses receive renewed attention ahead of state bicentennial
Chris Flook has an eye for Indiana’s courthouses and courthouse squares. He’s photographed all 92.
Opinions Dec. 27, 2013 ILD
Indiana Court of Appeals
In Re the Matter of R.K.: A Child Alleged to be a Child in Need of Services, A.K. v. The Indiana Department of Child Services (NFP)
31A01-1307-JC-310
Juvenile. Reverses juvenile court order awarding child custody to father, R.K. Sr., holding that the court abused its discretion by modifying custody without a formal evidentiary hearing. Vacates the modification order and remands for an evidentiary hearing on the modification petition.
DeWayne Nalls v. State of Indiana (NFP)
49A04-1306-CR-281
Criminal. Affirms concurrent sentences of 35 years for conviction of Class A felony attempted murder and 10 years for unlawful possession of a firearm by a serious violent felon, but vacates as illegal a separate five-year enhancement for the firearm charge.
Cleverly Lockhart v. State of Indiana (NFP)
34A02-1304-CR-384
Criminal. Reverses trial court’s denial of a petition to file a belated notice of appeal of four counts of child molesting and remands for proceedings.
Clarian Health Partners, Inc., d/b/a Methodist Hospital v. Jessica Sprunger, as next best friend of James Daniel Sprunger, Minor (NFP)
49A02-1211-CT-943
Civil tort/medical malpractice. Finds the trial court erred in denying Clarian’s motion to correct error after a jury award of $500,000 in favor of James Sprunger. The court also abused its discretion in instructing the jury. Remanded for proceedings.
Virginia Davis v. Indiana State Board of Nursing (NFP)
49A05-1304-PL-187
Civil plenary. Affirms Indiana State Board of Nursing’s license revocation.
In Re the Estate of Ruby Shuler Blankenbaker Botkins, Deceased, Mark Allen Shuler and David Lee Shuler v. Estate of George Botkins by Larry Botkins (NFP)
22A01-1307-ES-337
Estate. Affirms probate court’s entry of final accounting.
Jamar Perkins v. State of Indiana (NFP)
49A02-1306-CR-551
Criminal. Affirms conviction of felony murder.
John D. May v. State of Indiana (NFP)
28A05-1307-PC-320
Post conviction. Affirms denial of post-conviction relief from a conviction of Class C felony possession of methamphetamine while in possession of a firearm.
Darrell McNary v. State of Indiana (NFP)
20A05-1211-PC-607
Post conviction. Affirms denial of relief from a conviction of Class B felony dealing cocaine.
Brandon White v. State of Indiana (NFP)
49A04-1304-CR-188
Criminal. Affirms conviction of Class D felony criminal recklessness.
Bonnie Shipley v. Anonymous Doctor A and Anonymous Hospital C (NFP)
40A04-1304-PL-184
Civil plenary/malpractice. Affirms grant of summary judgment in favor of Anonymous Doctor A and Anonymous Hospital C.
James E. Britt, Jr. v. State of Indiana (NFP)
20A03-1304-CR-152
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A misdemeanor carrying a handgun without a license.
Ron Rose v. State of Indiana (NFP)
15A01-1306-PC-272
Post conviction. Reverses denial of a petition for relief from a conviction of Class B felony criminal deviate conduct, holding that the court clearly erred in imposing a lifelong requirement that Ron Rose register as a sexually violent predator rather than as a sex offender. Rose proved by a preponderance of the evidence that he didn’t understand that aspect of his guilty plea, and he had specifically rejected that provision when discussing the plea agreement with his attorney beforehand. Remanded for proceedings.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
Opinions Dec. 27, 2013
7th Circuit Court of Appeals
Dawn Marie Adams v. James Gregory Adams
13-1636
Civil. Reverses District Court denial of creditor Dawn Marie Adams’ bankruptcy court claim against her former husband and business partner, James Gregory Adams. The bankruptcy court claims were previously adjudicated in state courts and the doctrine of issue preclusion prevented the bankruptcy court from rehearing those issues. Remanded for proceedings.