Proposed rule changes in Northern District
The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment about proposed changes to the court’s local rules.
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COA finds court made several errors in sentencing
A trial court erred in sentencing a man who was on probation for one offense when he committed another, the Indiana Court of Appeals ruled.
Opinions June 6, 2012 ILD
7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.
Indiana Supreme Court and Indiana Tax Court had issued no opinions by IL deadline.
Indiana Court of Appeals
Teri Woenkhaus v. David Woenkhaus (NFP)
34A02-1111-DR-1041
Domestic relation. Affirms trial court’s property division order in dissolution of marriage, but remands for the court to award the parties’ income tax refunds to the wife.
Eric Liscomb v. State of Indiana (NFP)
49A02-1108-CR-715
Criminal. Affirms convictions of and sentences for felony murder, Class B felony robbery, Class A misdemeanor carrying a handgun without a license and Class C felony conspiracy to commit robbery.
Robert Johnson, Jr. v. State of Indiana (NFP)
49A02-1108-CR-712
Criminal. Affirms convictions of felony murder and Class B felony robbery.
M. Loren Fugate v. State of Indiana (NFP)
18A04-1110-CR-529
Criminal. Affirms revocation of probation and home detention and the order that Fugate serve the remainder of his sentence in the Department of Correction.
Frank E. Puzynski v. State of Indiana (NFP)
71A05-1111-CR-590
Criminal. Affirms convictions of and sentence for Class C felony operating a motor vehicle while intoxicated and Class C felony operating a motor vehicle after forfeiture of license for life.
Jermaine Young v. State of Indiana (NFP)
49A02-1109-PC-881
Post conviction. Remands with instructions to vacate Young’s conviction of Class C felony possession of cocaine, holding that his attorney’s failure to raise the issue of double jeopardy constitutes ineffective assistance of counsel. Affirms the court in all other respects.
Mark Van Eaton and Cynthia Van Eaton Vallimont v. German American Bancorp (NFP)
42A01-1108-MF-434
Mortgage foreclosure. Remands for the court to amend receivership order.
Faye E. Warfield v. Review Board of the Indiana Department of Workforce Development and IDWD U.I. Claims Adjudication (NFP)
93A02-1110-EX-915
Miscellaneous. Affirms Indiana Department of Workforce Development Review Board’s dismissal of Warfield’s appeal.
Opinions June 6, 2012
Indiana Court of Appeals
Keith D. Jackson v. State of Indiana
20A03-1105-CR-222
Criminal. Reverses sentence for possession of a firearm by a serious violent felon and remands for resentencing, holding the trial court erred by imposing a suspended sentence of four years contrary to the accepted plea agreement.
Termination of father’s parental rights upheld on appeal
A father with a history of incarceration and substance abuse properly had his parental rights to his four minor children terminated, an Indiana Court of Appeals panel ruled Wednesday.
Appeals court affirms dismissal of suit against Nappanee in near-drowning
The city of Nappanee was not negligent and didn’t breach its duty of care when a 5-year-old boy required CPR after lifeguards rescued the child as he floated face-down in a city pool, the Indiana Court of Appeals ruled Wednesday.
IU to offer new program to law students
Indiana University has approved a new program of study that enables law students to build a foundation in education policy.
Disciplinary Commission investigates Conour
The Indiana Supreme Court Disciplinary Commission is recommending the justices discipline Indianapolis attorney William Conour for allegedly settling a client’s case without the client’s knowledge and depositing the settlement into his trust account.
Opinions June 5, 2012 ILD
7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.
Indiana Tax Court and Indiana Supreme Court had issued no opinions by IL deadline.
Indiana Court of Appeals
Bennie Chamberlain v. State of Indiana (NFP)
79A02-1108-CR-770
Criminal. Reverses sentences for Class C felony stalking, Class C felony criminal confinement and Class D felony residential entry, holding the crimes were part of a single episode of criminal conduct and the consecutive sentences exceeded the maximum allowable time under Indiana Code. Remands for resentencing, including attachment of habitual offender enhancement.
Milan D. Zavodny, Trustee of the Milan D. Zavodny Trust v. Evelyn Ann Pavilionis Trust U/W/A, Dated 18 March 1997 (NFP)
75A03-1110-PL-458
Civil plenary. Holds trial court erred in awarding $43,000 in damages to Pavilionis and therefore reverses and remands for a determination of actual damages, if any, and a determination of whether prejudgment interest should be awarded. Affirms trial court’s denial of Zavodny’s request for a continuance.
Performance Matters Associates and Conseco Marketing, LLC v. Patrick A. Fortune (NFP)
29A05-1107-PL-361
Civil plenary. Affirms trial court’s entry of judgment in favor of Fortune.
In the Matter of the Paternity of N.M.E., Minor Child; J.E.E., Father v. J.B., Mother (NFP)
71A03-1112-JP-549
Juvenile. Reverses juvenile court’s order that father’s parenting time with daughter is to be supervised, holding the court made no finding of physical endangerment or emotional impairment. Remands for court to enter findings or remove restrictions on parenting time.
Mark Shepard v. State of Indiana (NFP)
49A04-1108-CR-415
Criminal. Affirms convictions for Class C felony conspiracy to commit robbery and felony murder.
Opinions June 5, 2012
Indiana Court of Appeals
Kevin C. O'Connell v. State of Indiana
18A02-1109-CR-889
Criminal. Affirms trial court’s decision to refuse O’Connell’s tendered jury instructions that the word “voluntary” be included with each of his charges. Holds that other instructions covered the substance of the tendered instructions.
Revocation of probation was court error
A trial court erred when it revoked a man’s probation, because it failed to consider several factors before issuing that order, Indiana’s Court of Appeals ruled.
Man pleads guilty to threatening federal judge
A man who authorities said threatened a federal judge pleaded guilty to a charge of mailing threatening communications and was sentenced to more than nine years in prison.
COA holds omission of ‘voluntary’ was not an error
The Indiana Court of Appeals affirmed a trial court’s decision to refuse a man’s tendered jury instructions.
Rolls-Royce must answer federal whistleblower suit on military engines
Rolls-Royce must answer whistleblowers’ allegations that the company violated manufacturing standards, concealed defects in military aircraft engines, and retaliated against workers who raised concerns, a federal judge ruled Monday.
IBA: Bar Leader Series Class IX
The Indianapolis Bar Association Bar Leader Series Class IX team presentations and graduation program was held Friday, May 18th, 2012.
Chinn: Tell Us How We Are Doing
The leadership of the IndyBar is an active lot and my sense is that most members of leadership feel positive about the bar’s activity level and performance. And by any objective measure, the IndyBar’s event calendar is full and its service offerings are growing. Let me give you just five examples.
IBA: Gooden Joins City-County Council
William W. Gooden, an attorney with Clark Quinn Moses Scott & Grahn and a member of the Indianapolis Bar Foundation Board of Directors, was sworn in as a City-County Council member last week after being selected by the Marion County Republican Caucus to represent District 3.
New project to emphasize dangers of texting while driving
An ITLA member attorney lost his granddaughter in fatal crash last year.
IBA: Some Growth in Legal Hiring Anticipated Nationally
A recent national survey indicated nearly nine in 10 (88 percent) executives anticipate no changes to the size of their teams in the next three months. Specifically in law, a net 30 percent of lawyers are planning to increase staff levels in the third quarter which actually represented the strongest growth among the professions surveyed.