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Opinions Nov. 5, 2013

Indiana Supreme Court
Jason Wilson v. Kelly (Wilson) Myers
71S03-1305-DR-399
Domestic relation. Reverses modification of custody. Finds an abuse of discretion in the way this modification was carried out and ordered as it never mentioned whether the modification was in the best interest of the children or noted any substantial change in any of the factors enumerated in I.C. 31-17-2-8. Orders an evidentiary hearing and inquiry into in-camera interviews. Since the two children have already been pulled from their Indiana school system and are attending school in Michigan, this status quo should continue until further order of the court as to minimize further disruption to the kids.

Jury finds IMPD officer guilty on all 9 counts

An Allen County jury returned a guilty verdict Tuesday afternoon in the trial of Indianapolis Metropolitan Police Officer David Bisard. Bisard faced nine charges stemming from a deadly accident in August 2010 when his police cruiser struck motorcyclists stopped at an Indianapolis intersection.

Trial court errantly suppressed DUI evidence

A Marion Superior Court should not have suppressed evidence of intoxication of a man who was taken to a roll-call station on suspicion of drunken driving, the Indiana Court of Appeals ruled.

Post-conviction claim allowed in DOC placement change

Offenders may seek post-conviction relief from Department of Correction placement changes, the Court of Appeals ruled Tuesday after the state revised its view that a claim should be dismissed.

Appeals court affirms revoked probation after test shows marijuana

A man ordered to serve 90 days of a suspended one-year sentence for a conviction of misdemeanor marijuana possession wasn’t denied due process when his probation officer admitted evidence of a positive urinalysis, the Indiana Court of Appeals ruled.

How the Brizzi public-corruption case unraveled

Federal authorities suffered a near-complete defeat in their efforts to prosecute the players in an unusual real estate deal in Elkhart, a setback that ultimately doomed an ambitious public-corruption case targeting former Marion County Prosecutor Carl Brizzi.

Conour online asset auction begins, will run 2 weeks

An auction of wine, art, home furnishings and other assets seized from the Carmel home of imprisoned former wrongful-death attorney William Conour begins Tuesday and will continue for two weeks, according to the Texas auction company handling the sale.

DTCI: Trimble receives ISBA Presidential Citation

John C. Trimble, former president of DTCI, was honored with a Presidential Citation by the Indiana State Bar Association for his exceptional contribution to the profession of law and the residents of Indiana.

DTCI: What is the proper jury instruction on the state-of-the-art presumption?

This is a bait-and-switch article. It applies to instructing the jury on the continuing effect of rebuttable presumptions in all civil cases. It just so happens that one of the best examples is the presumption of no liability under Indiana’s Product Liability Act. That presumption is broader than just the state-of-the-art defense.

On The Move – 11/6/13

Read On the Move to find out who’s recently joined Indiana firms, who has been honored and what firm opened a new office in Indianapolis.

David, Massa stake key positions on court

A review of the work of the Indiana Supreme Court in 2012 by Barnes & Thornburg LLP attorneys finds Justices Steven David and Mark Massa establishing themselves respectively as swing votes and active dissenters.

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