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    9/29 – Thinking Inside the Box: Building Strong Relationships with Judges and Jurors (Indianapolis)

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Articles

Opinions Sept. 3, 2019

September 3, 2019

Indiana Court of Appeals
Cheryl Barron Doll v. Steven E Post, et al.
19A-TR-715
Trust. Reverses the DeKalb Superior Court’s judgment denying Cheryl Doll’s motion to intervene based on the trial court’s interpretation of the residuary clause of Ollie Waid Jr.’s revocable living trust. Finds the language of the residuary clause does not identify a beneficiary with reasonable certainty. Remands and instructs the trial court to grant Doll’s motion to intervene and to direct trustee Steven Post to hold the reside of the trust for Waid’s estate, and instructs the court to direct Post to distribute the residue to Waid’s heirs at law pursuant to the appellate court’s intestate succession statutes.

COA affirms denial of dismissal of drug-dealing charges

September 4, 2019 | Katie Stancombe

The Indiana Court of Appeals declined Wednesday to accept a formerly incarcerated man’s argument that a trial court abused its discretion in denying his motion to dismiss charges against him under the speedy-trial rule.

COA affirms dismissal of legal malpractice claim

September 10, 2019 | Katie Stancombe

A convicted child molester who was previously admonished for attempting to circumvent appellate procedures has again lost a case at the Indiana Court of Appeals, this time for legal malpractice allegations against his trial counsel.

Rehearing is little relief for convicted Muncie pain clinic doctor

September 12, 2019 | Katie Stancombe

A Muncie pain clinic doctor convicted of forgery and prescription-related offenses had his petition for rehearing granted Thursday. However, the Indiana Court of Appeals held that while testimony admitted from a Drug Enforcement Administration agent was in error, it was harmless.

Lack of endangerment reverses public intoxication conviction

September 12, 2019 | Katie Stancombe

A man’s public intoxication conviction has been reversed after he successfully argued to the Indiana Court of Appeals that his life was not endangered by being drunk next to an Indianapolis street.

Opinions Sept. 12, 2019

September 12, 2019

Indiana Court of Appeals
William Hedrick v. State of Indiana
18A-CR-01945
Criminal. Grants William Hedrick’s petition for rehearing to correct errors in the Indiana Court of Appeals’ original opinion. Reaffirms the original opinion in all other respects, holding the erroneous admission of the Drug Enforcement Administration agent’s deposition testimony was harmless.

COA affirms child molesting conviction in ‘drumbeat repetition’ appeal

September 18, 2019 | Katie Stancombe

A man convicted of child molesting failed to convince the Indiana Court of Appeals on Wednesday that testimony referring to the victim’s out-of-court statements should have been excluded at trial.

COA dismisses ex-bank employee’s appeal in noncompete case

September 23, 2019 | Katie Stancombe

The Indiana Court of Appeals has dismissed a man’s appeal of a preliminary injunction against him in a noncompete dispute with the bank that formerly employed him.

Ex-sheriff’s captain enters plea related to wage theft probe

September 26, 2019 | Associated Press

A former sheriff’s captain in Elkhart charged with lying during an investigation into alleged wage theft by employees he supervised has pleaded guilty in the case. Jim Bradberry, 50, entered the plea to one of three counts of false informing.

Chief Justice Rush delves into judiciary’s annual report

September 26, 2019 | Katie Stancombe

Situated at the head of a table in the Indiana Supreme Court’s law library, Chief Justice Loretta Rush shared her thoughts Wednesday on the judiciary’s recently released annual report.

Opinions Oct. 4, 2019

October 4, 2019

Indiana Court of Appeals
Jimmy E. Crase v. State of Indiana (mem. dec.)
18A-CR-2423
Criminal. Affirms Jimmy E. Crase’s conviction of two counts of Class B felony child molestation. Finds there is sufficient to support Crase’s classification as a credit restricted felon.

COA splits on admission of counselor records in child molesting case

October 8, 2019 | Katie Stancombe

An adoptive father’s child molesting conviction will stand, a divided appellate court determined Tuesday, disagreeing as to whether privileged records from a one-on-one counseling session with the victim should be admitted.

Patient’s claim her x-rays were wrongly shared reinstated

October 8, 2019 | Katie Stancombe

A Lake County woman whose medical records were unknowingly shared with her employer by a Community Hospital worker in Munster who took her x-rays has won a reversal of her dismissed complaint against the hospital.

COA on rehearing lets stand ruling setting aside tax deed

October 8, 2019 | Katie Stancombe

The Indiana Court of Appeals on Tuesday rejected multiple arguments regarding its prior decision involving the LaPorte County auditor’s failure to check records that would have revealed the address of a Michigan City property owner whose land was sold without notice for back taxes.

Opinions Oct. 8, 2019

October 8, 2019

Indiana Supreme Court
Rodney W. Falls v. State of Indiana
19S-CR-557
Criminal. Grants transfer to reaffirm that a charge of stalking may be supported by conduct that is continuous in nature, even if it is a single episode. Finds that Rodney Falls’ conduct of following a college student by vehicle for more than two hours met the statutory definition of “continuing” harassment, thereby supporting his conviction in Kosciusko Superior Court of Level 6 felony stalking. Affirms the Indiana Court of Appeals’ opinion in all other respects.

Opinions Oct. 10, 2019

October 10, 2019

Indiana Court of Appeals
State of Indiana v. Frederick Obryan McFarland
18A-CR-2408
Criminal. Affirms the Vanderburgh Superior Court’s denial of the state’s motion to amend the habitual offender charging information against Frederick McFarland filed three calendar days before his trial on multiple charges related to a fatal car crash allegedly cause after McFarland fled an attempted traffic stop. Finds no abuse of discretion in the trial court’s ruling.

Opinions Nov. 6, 2019

November 6, 2019

Indiana Court of Appeals
Benjamin S. Smith v. Franklin Township Community School Corporation
19A-CT-1244
Civil tort. Reverses the Marion Superior Court’s denial of Benjamin Smith’s motion to reinstate his negligence complaint against the Franklin Township Community School Corporation. Finds the Claims Against Public Schools Act does not apply to Smith’s claim against the school. Remands with instructions to reinstate Smith’s tort claim.

Man suing for unpaid wages awarded thousands more in appeal

November 12, 2019 | Katie Stancombe

The Indiana Court of Appeals affirmed in part a judgment issued to a former medical device company employee, granting him an additional award for unpaid wages and remanding for the calculation of additional attorney fees it concluded he is entitled to.

 

Opinions Nov. 12, 2019

November 12, 2019

Indiana Supreme Court
In the Matter of the Honorable Andrew Adams; In the Matter of the Honorable Bradley B. Jacobs; In the Matter of the Honorable Sabrina R. Bell
19S-JD-386, 19S-JD-566, 19S-JD-567
Judicial discipline. Suspends Clark Circuit 1 Judge Andrew Adams, who is already under an interim suspension, for 60 days without pay, effective immediately, to be reinstated at 12:01 a.m. Jan. 13, 2020. Suspends Clark Circuit 2 Judge Bradley Jacobs and Crawford Circuit Judge Sabrina Bell for 30 days without pay, effective 12:01 a.m. Nov. 22, to be reinstated at 12:01 a.m. Dec. 23. Finds the respondents, who were involved in a violent confrontation in Indianapolis on May 1 in which Adams and Jacobs were shot, violated Indiana Code of Judicial Conduct Rules 1.2 and 3.1(c). Also finds Adams violated Code of Judicial Conduct Rule 1.1.

Opinions Nov. 13, 2019

November 13, 2019

Indiana Tax Court
Crown Property Group, LLC v. Indiana Department of State Revenue, and Adam J. Krupp
18T-TA-27
Tax. Grants Crown Property Group’s motion for summary judgement and denied the Indiana Department of State Revenue’s motion for summary judgment. Finds Crown is entitled to a refund of its filing fee plus $1,811.30, the entire amount levied by the department’s collection agent that comprises the withholding tax, the collection fee and the bank fee.

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