No evidence that missed deadline was result of ineffective attorney
A Boone County man’s failed attempt to get a jury trial was not the result of ineffective counsel but because he missed the statutory deadline, the Indiana Court of Appeals ruled.
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Justices pass on Star anonymous online commenter case, reinstate order to identify
The Indiana Supreme Court chose not to further review long-running litigation involving whether The Indianapolis Star must reveal the identity of an online commenter. The decision came one day after justices heard oral arguments.
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.
Panel affirms molesting conviction, rejects vouching, competency challenges
A man’s conviction of Class A and Class C felony child molesting was affirmed by the Indiana Court of Appeals Monday as judges rejected challenges of the victim’s competency to testify and whether the court allowed vouching testimony by multiple witnesses.
No immediate impact on courts if government shuts down
The federal judicial system will conduct business as usual, even if Congress fails to reach a funding agreement before midnight tonight.
Expert says 1-percent cut in recidivism could save state millions
A researcher from the Indiana University Public Policy Institute told lawmakers Thursday that the state could save millions of dollars simply by reducing recidivism rates by 1 percent. IBJ.com has the story.
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.
Irked judge in tanning trademark dispute: ‘This is a busy Court’
A federal judge warned a tanning product maker and lawyers defending it from a trademark infringement claim that they were dangerously close to getting burned.
Retired Indiana chief justice assures ND law students ‘it will turn out well’
Notre Dame law students received words of comfort and encouragement about their decision to become lawyers from an Indiana jurist who is leading a massive study of the cost and content of legal education.
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.
Tax sale stands even though mortgage holder not notified
The Indiana Supreme Court upheld 20 years of precedent in finding that a county auditor is obligated to notify a mortgage holder of an impending property sale only when that mortgage holder specifically requests a notice.
Justices: Child support agreement must apply changing guidelines
A father whose annual income included varying bonuses and commissions is obligated to provide child support payments in line with evolving guidelines, despite a support agreement made a year earlier than the rules were revised, the Indiana Supreme Court ruled.
Opinions Sept. 26, 2013 ILD
Indiana Court of Appeals
Dagmar Enid Breeden v. James Breeden (NFP)
13A01-1303-DR-131
Domestic relation. Affirms transfer of full custody, care and control of minor child, J.M.B. to father, Breeden.
Indiana Tax Court did not release any opinions by IL deadline. The 7th Circuit Court of Appeals did not release any Indiana opinions by IL deadline.
Opinions Sept. 26, 2013
Indiana Supreme Court
M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank
03S04-1211-CC-645
Civil collection. Reverses the trial court and remands. Rules the requirement in Indiana Code 6-1.1-24-3(b) that a mortgage holder must request a copy of a notice that a parcel of property is eligible for tax sale does not violate the 14th Amendment’s due process clause. The Supreme Court upheld 20 years of precedent in finding the statute is constitutional.
Supreme Court creates civil legal services commission
Providing access to civil legal services for low-income Hoosiers will be the focus of a commission established by order of the Indiana Supreme Court.
IndyBar celebrates Judge Zore, remembers Joe Russell
A veteran Marion Superior trial court judge and a longtime attorney whose death this year saddened the Indianapolis legal community were honored Wednesday by the Indianapolis Bar Association.
Attorney who staged own shooting pleads to misdemeanor
A southern Indiana lawyer who rigged a shotgun at a state park that he used to shoot himself in the back has pleaded guilty to a misdemeanor and will receive a suspended sentence while avoiding a felony conviction.