Hammerle On…’Mr. Holmes’, ‘Testament of Youth’
Bob Hammerle writes that “Mr. Holmes” is a tiny film that will remind many of you why guys like him love the cinema.
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Lawyer who threatened rape fires back in discipline reply
A Fort Wayne lawyer who was charged after threatening to rape his opponent in a divorce case admits he was wrong to do that, but he says he shouldn’t be punished by the Indiana Supreme Court Disciplinary Commission because the threat wasn’t literal and he was protecting his client.
Committee plans medical malpractice checkup
Whether Indiana should allow Hoosiers to recover more than $1.25 million in medical malpractice lawsuits is one of the key questions lawmakers will be exploring next month. Some lawyers who represent plaintiffs and defendants in such cases say it’s probably time the cap on damages was raised.
Deaf courtroom spectator ends fight with settlement
A deaf Indiana man who was denied a sign-language interpreter in court has reached a $124,500 settlement with the state of Indiana.
Grassroots efforts brought alcohol and drug abuse out of shadows
A generation ago, lawyers with alcohol or drug addictions often had another problem: Seeking help might risk their professional livelihood.
Altice selected to succeed Friedlander on Court of Appeals
Marion Superior Judge Robert R. Altice Jr. was named to the Indiana Court of Appeals July 17 by Gov. Mike Pence.
Child identity theft poses unique problems
Identity theft is not a new problem, but studies show that it is intensifying, and that means more theft of children’s personal information. According to a survey by the Identity Theft Assistance Center, one in 40 households with a child under the age of 18 has experienced child identity theft.
Tinder departs 7th Circuit
Judge John Tinder is retiring, but he expects to seek opportunities to assist parties with litigation consulting, compliance and arbitration.
Protecting jobs from protective orders
A little-noticed bill signed into law May 5 provides new protections in the workplace for victims trying to untangle themselves from domestic violence situations.
Money vital for criminal code reform programs and services
In a rural county ravaged by prescription pain pill addiction, the local sheriff has a vision for rehabilitation.
Opinions July 27, 2015 ILD
Indiana Court of Appeals
Anthony W. Taylor-El v. State of Indiana (mem. dec.)
49A05-1411-CR-538
Criminal. Affirms denial of motion to correct erroneous sentence.
In the Matter of the Termination of the Parent-Child Relationship of B.G. & F.G. (Children), and, F.G., Sr. v. The Indiana Department of Child Services (mem. dec.)
71A05-1411-JT-541
Juvenile. Affirms termination of parental rights.
Leo Kahn v. Fletcher Horn d/b/a Hartwood Architectural Antiques and Perry Glancy (mem. dec.)
93A02-1410-EX-755
Agency action. Affirms Worker’s Compensation Board decision that Perry Glancy was not liable under the Worker’s Compensation Act for Kahn’s injuries.
Kenneth Powers v. State of Indiana (mem. dec.)
69A04-1502-CR-72
Criminal. Affirms revocation of probation.
Ahkeem Shakur Scott-Manna v. State of Indiana (mem. dec.)
45A03-1411-CR-391
Criminal. Affirms murder conviction and 60-year sentence.
Ricky B. Akins v. State of Indiana (mem. dec.)
02A03-1412-CR-439
Criminal. Affirms in part, reverses in part and remands convictions of two counts of Class A felony child molesting and one count of Class C felony child molesting. Vacates the Class C felony as a double jeopardy violation.
Jimmy Scott Huntington v. State of Indiana (mem. dec.)
15A01-1412-CR-544
Criminal. Affirms revocation of probation.
Larry D. Blanton, Jr. v. State of Indiana (mem. dec.)
53A04-1410-PC-509
Post conviction. Affirms denial of post-conviction relief.
Bonnie Motsch v. State of Indiana (mem. dec.)
02A03-1412-CR-451
Criminal. Affirms six-year sentence for convictions of Class D felony counts of theft and possession of a controlled substance and Class A misdemeanor counts of possession of paraphernalia and driving while suspended.
Opinions July 27, 2015
7th Circuit Court of Appeals
The following opinion was issued after IL deadline Friday
Katherine Cerajeski, Guardian for Walter Cerajeski v. Greg Zoeller, Attorney General of the State of Indiana, et al.
15-1313
Appeal from the United States District Court for the Southern District of Indiana.
Judge Jane Magnus-Stinson
Civil. Reverses dismissal of Cerajeski’s claim as moot, holding that she is entitled to legal fees because the suit led to a change in state law that enabled her to obtain damages sought in the litigation. Remands for a determination of reasonable legal fees, expressing a tentative view that the amount sought for the prior appeal – $258,462.50 for 375.75 hours – is excessive.
State orders 2 to stop unauthorized practice of law
Two people have been ordered this month by the Indiana Supreme Court to cease the unauthorized practice of law.
Union pension plan gets victory in 7th Circuit
The 7th Circuit Court of Appeals has reversed a judgment against a union pension plan after finding the District Court erred as a matter of law and abused its discretion.
Members appointed, reappointed to race and fairness commission
Four new members have been appointed and eight current members reappointed to terms on the Indiana Supreme Court Commission on Race and Gender Fairness.
Workers to touch up golden domes atop Vigo County courthouse
An Ohio company has been hired to touch up gold spots on the domes atop the Vigo County courthouse in Terre Haute and add two layers of protective coating.
Police: Delaware County leads Indiana in reported meth labs
Indiana State Police say Delaware County is leading the state by a wide margin in the number of reported methamphetamine labs for the first six months of 2015.
State must pay legal fees in unclaimed property appeal
A woman who previously won a federal lawsuit arguing she was entitled to interest on unclaimed property held by the Indiana attorney general’s office also won her claim that the state should pay her legal fees for her initial appeal.
Indiana Tech Law School cuts price to attract students
Indiana Tech Law School is reportedly tearing up the bill for all its students.
Opinions July 24, 2015 ILD
Indiana Court of Appeals
James E. McGee v. State of Indiana (mem. dec.)
45A03-1411-PC-397
Post conviction. Reverses denial of post-conviction relief and remands for a new trial on McGee’s convictions of two counts of Class A felony child molesting and one county of Class C felony child molesting. The panel found McGee was prejudiced by ineffective assistance of counsel.
Anthony Levell Gregory, II v. State of Indiana (mem. dec.)
29A02-1502-CR-114
Criminal. Affirms convictions of two counts of Class B felony burglary.
In the Matter of the Adoption of: A.E.G.; A.G. v. E.R.J., and K.M.J. (mem. dec.)
82A01-1411-AD-475
Adoption. Affirms trial court’s denial of father A.G.’s motion to continue a hearing in which the court determined his consent to the adoption of A.E.G. was unnecessary.
Walter L. Robertson v. State of Indiana (mem. dec.)
29A02-1412-CR-851
Criminal. Affirms conviction of Class D felony dealing in marijuana.
Manuel Guzman v. State of Indiana (mem. dec.)
79A02-1409-CR-667
Criminal. Affirms 15-year executed sentence for conviction of Class A felony dealing in methamphetamine.
Charles Bradley Nixon v. JNJ Foods, LLC d/b/a McDonald's (mem. dec.)
82A01-1411-CT-505
Civil tort. Majority Judges John Baker and Edward Najam reverse grant of summary judgment in favor of JNJ Foods, finding there are genuine issues of material fact as to whether a foreign object in a McDonald’s breakfast sandwich caused Nixon to crack a tooth. Remands for proceedings. Dissenting Judge Ezra Friedlander would affirm the trial court, holding there is no question of fact because Nixon lacked proof the sandwich contained a foreign object.
Marcus Stidhum v. State of Indiana (mem. dec.)
71A03-1412-CR-434
Criminal. Affirms two-year sentence for convictions of Level 6 felony possession of a narcotic and Class A misdemeanor resisting law enforcement.
In Re the Marriage of: David P. Allen v. Kimberly W. Allen (mem. dec.)
13A01-1411-DR-476
Domestic. Reverses order that father David P. Allen pay 100 percent of dental school tuition for daughter Hunter Allen and remands for a college expenses order appropriately apportioning costs between father, mother and Hunter.
In Re the Marriage of John Lane v. Leisa Lane (mem. dec.)
49A02-1405-DR-354
Domestic. Affirms in part and reverses in part the court’s dissolution of marriage order. Remands with instructions to enter an order complying with requirements for the distribution of assets under Indiana statutes and applicable case law.
Diane Lane, Darrell Lane v. Danny English (mem. dec.)
32A04-1501-DR-41
Domestic. Reverses trial court’s removal from its docket of a hearing on a motion to modify parenting time. Remands to the trial court to either set a hearing on the motion or clarify its previous order.
Kenneth Eugene Million v. Sheriff of Johnson County, Indiana; Indiana Department of Correction; Indiana State Police; and State of Indiana (mem. dec.)
41A05-1411-MI-530
Miscellaneous. Reverses trial court denial of his request to be released from the requirement that he register as a sex offender in Indiana.