Newspaper loses appeal over access to death records
A newspaper was not improperly denied access to death records, the Indiana Court of Appeals ruled Friday.
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NFL seeks $765M settlement over concussion lawsuits
The NFL and more than 4,500 former players want to resolve concussion-related lawsuits with a $765 million settlement that would fund medical exams, concussion-related compensation and medical research, a federal judge said Thursday. IBJ.com has the story.
Affirmed sentence in home invasion, sex assault clarifies aggravator standards
An Indianapolis man’s 40-year executed sentence for leading a home invasion and forcing the woman who lived there to perform oral sex at gunpoint wasn’t improper, the Indiana Court of Appeals ruled Friday.
ACLU suit targets Evansville schools’ service-dog restrictions
Evansville public schools’ restrictive policy on service dogs is a violation of the Americans with Disabilities Act, the ACLU of Indiana contends in a federal lawsuit filed on behalf of two high-schoolers whose medical conditions require the animals.
Lake bar groups join to help child cancer patient
Lake County-area bar associations and attorneys across northwest Indiana will team up over the Labor Day weekend to help prepare the room where a 5-year-old girl undergoing cancer treatment will recover upon returning home to St. John, Ind.
Southern District Bankruptcy Court amends rules
New rules in the U.S. Bankruptcy Court for the Southern District of Indiana regarding wage assignment orders in Chapter 13 cases and additional requirements for electronic filing will be effective Sept. 23, according to an order posted Thursday.
Opinions Aug. 29, 2013 ILD
Indiana Court of Appeals
Troy A. Schnitz v. State of Indiana (NFP)
35A02-1212-CR-965
Criminal. Vacates conviction of Class B felony neglect of a dependent but affirms aggregate sentence of 47 years with three years suspended on conviction of three counts of Class B felony battery resulting in serious bodily injury and one count of Class D felony battery.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Aug. 29, 2013
Indiana Court of Appeals
In the Matter of the Trust of Dorothy Rhoades; Robert Kutchinski and Shelia Graves, f/k/a Shelia Kutchinski v. Joseph Strazzante and Monty Strazzante, Co-Trustees
45A03-1206-TR-296
Trust. Reverses and remands trial court order granting summary judgment in favor of Joseph and Monty Strazzante, holding that it was inappropriate because there are genuine issues of material fact regarding Dorothy Rhoades’ capacity to amend provisions of a trust days before she died and as to whether she was unduly influenced.
Survey: Midlevel associate satisfaction hits new high
Associates in their third, fourth and fifth years at large law firms report the highest overall level of job satisfaction seen in the 10-year history of a survey on the topic.
ACLU sues for Winamac girl who wants to play football
A northern Indiana girl who was denied the opportunity to try out for her middle school’s football team has filed a gender-equality lawsuit in federal court.
Brown County logging damages award stands
A landowner’s award of $55,572.50 in damages caused by a logging contractor at a property in Brown County was properly calculated, the Indiana Court of Appeals ruled Thursday.
Appeals panel reinstates claims of capacity, undue influence in trust dispute
A family feud involving half-siblings contesting the trust bequeathed by their mother was improperly disposed of through summary judgment, a panel of the Indiana Court of Appeals ruled Thursday.
Opinions Aug. 28, 2013 ILD
Indiana Court of Appeals
Kenneth Compton v. State of Indiana (NFP)
49A02-1301-CR-90
Criminal. Affirms 20-year executed sentence for conviction of Class B felony robbery, Class B felony criminal confinement and Class B felony unlawful possession of a firearm by a serious violent felon.
Christopher C. Anderson v. State of Indiana (NFP)
71A05-1302-CR-78
Criminal. Affirms revocation of probation on conviction of Class B felony possession of cocaine and Class A misedemeanor possession of marijuana.
Oscar Eduardo Perez v. State of Indiana (NFP)
20A03-1212-PC-532
Post conviction. Affirms denial of post-conviction relief from a conviction of murder and Class D felony criminal gang activity.
Hakuru Simaha v. State of Indiana (NFP)
06A01-1301-CR-29
Criminal. Affirms conviction of seven counts of Class C felony forgery and Class A misdemeanor possession of marijuana.
Jamel Douglas Gilbert v. State of Indiana (NFP)
45A03-1201-PC-7
Post conviction. Affirms denial of post-conviction relief from a conviction of murder.
In Re The Guardianship of K.S., S.E., v. K.B. (NFP)
10A01-1210-GU-473
Guardianship. Affirms termination of S.E.’s guardianship of her niece, K.S., and S.E’s subsequent request for visitation with K.S.
Dana L. Bering v. State of Indiana (NFP)
57A05-1212-CR-646
Criminal. Affirms on interlocutory appeal denial of a motion for discharge under Criminal Rule 4(c).
Charles Settles v. State of Indiana (NFP)
49A05-1302-CR-77
Criminal. Affirms conviction of Class C felony burglary.
Teresa Smith v. State of Indiana (NFP)
34A04-1303-CR-131
Criminal. Affirms 14-year executed sentence for conviction of Class B felony criminal deviate conduct.
Michael Pace v. State of Indiana (NFP)
49A04-1302-CR-77
Criminal. Affirms conviction of two counts of Class B felony child molesting.
Anthony Owens v. State of Indiana (NFP)
49A02-1301-CR-50
Criminal. Affirms conviction of Class C felony alteration of vehicle identification number and reverses and remands to the trial court to correct the chronological case summary that erroneously states convictions on other counts.
Dennis Watson v. Michael Abraham, d/b/a Abraham Custom Paint Studio (NFP)
64A03-1302-PL-69
Civil plenary. Dismisses for lack of jurisdiction an appeal of a trial court order because it was neither final nor interlocutory.
Terry E. Pearsall v. State of Indiana (NFP)
49A04-1301-CR-45
Criminal. Affirms conviction of Class A misdemeanor battery.
Indiana Tax Court issued no opinions by IL deadline. U.S. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Aug. 28, 2013
Indiana Supreme Court
Mary Elizabeth Santelli, as Administrator of the Estate of James F. Santelli v. Abu M. Rahmatullah, Individually and d/b/a Super 8 Motel
49S04-1212-CT-667
Civil tort. Affirms judgment of trial court under the Indiana Comparative Fault Act in which a jury determined total damages of $2,070,000 in the death of hotel guest James Santelli. The jury apportioned fault under the Act as follows: 1 percent fault to Santelli, 2 percent to hotel owner Abu Rahmatullah, and 97 percent to the killer, Joseph Pryor, who formerly worked at the hotel, providing an award for the estate of $41,400.
Family Justice Center of St. Joseph County awarded grant to expand project
The Family Justice Center of St. Joseph County has been awarded a two-year grant to support its work with victims of domestic violence, sexual assault and stalking.
Man tried twice for same offense, but relief denial affirmed
A divided Indiana Supreme Court ruled Wednesday that a man convicted of rape on retrial was unconstitutionally prosecuted twice for the same offense, but the court upheld denial of post-conviction relief.
Supreme Court takes closer reading of precedent in affirming post-conviction relief
A man’s 2002 guilty plea to a habitual traffic violator offense will be set aside after the Indiana Supreme Court held his 1989 conviction in Fayette County constituted a material error.
Indiana Lawyer presents Employment CLE Oct. 3
A three-hour continuing legal education program titled “Impact of Affordable Care Act and Other Hot Topics in Employment Law” will be presented by Indiana Lawyer Oct. 3 in Indianapolis. Register by Sept. 30 to secure your seat.
Mark Waterfill of Benesch will chair and moderate the CLE program. Other featured speakers include David Carr of Ice Miller and Lisa Kimmel of Benesch. The program will include presentations on the Affordable Care Act, independent contractor status, current and emerging global H.R. management issues, religious conscience cases, and an update on other current topics in Indiana employment law.
Registration begins at 1 p.m., and the program is from 1:30 to 4:45 p.m. at the main auditorium in the OneAmerica Tower in Indianapolis. Three 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].
Justices affirm new trial in estate awarded $41,400 in hotel killing
The Indiana Supreme Court on Wednesday upheld a lower court order for a new trial in a case involving a $41,400 award made to the estate of a man who was killed at a Speedway hotel by a former employee.
Men sentenced for aiding inmate-run meth ring
Two men found guilty of participating in a drug-trafficking ring directed by Indiana prison inmates were sentenced in federal court on Tuesday.