On the Move – 12/31/14
Read who’s recently joined an Indiana firm, been promoted or appointed to a board.
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Articles
Commentary: Lawyer recounts work on Resnover death penalty case
Attorney David Hurley writes about his work for the state on the Gregory Resnover execution. Resnover was put to death by electrocution in 1994.
Quick: Start the new year with a ‘firm’ marketing plan
Jon Quick offers tips for firms to consider when creating an effective marketing plan.
INBOX: Lawyers question use of qualified immunity for police
Attorneys from an Indianapolis law firm suggest lifting qualified immunity, the shield that protects police officers’ actions.
Right-to-work court battle may not be over
Despite a series of court rulings upholding Indiana’s right-to-work law, unions are not stopping their efforts to have the law overturned. Some opponents are considering petitioning for a review by the Supreme Court of the United States as well as filing another lawsuit in Indiana state court.
State Fair stage collapse appeal puts tort caps on trial
While the lone victim of the Indiana State Fair stage collapse who declined to settle with the state aims to prove caps on its liability are unconstitutional, judges who heard the appeal focused on why she was denied her day in court.
Disciplinary Actions – 12/31/14
Read whose discipline was recently postponed by the Indiana Supreme Court.
Turnover of judges marks new era in Bankruptcy Court
An Indiana federal court that for a dozen years was presided over by the same four judges has undergone a near-total overhaul in the past two years.
Opinions Dec. 29, 2014 ILD
Indiana Court of Appeals
Frank R. Lempera, III v. State of Indiana (NFP)
56A05-1404-CR-167
Criminal. Affirms convictions for dealing in a schedule I, II or III controlled substance, as a Class B felony; and dealing in a schedule IV controlled substance, as a Class C felony. Remands with instructions to correct the abstract of judgment to properly reflect that the sentence imposed as a result of Lempera’s habitual substance offender adjudication is an enhancement to his sentence in Count I and not a separate conviction. Also remands with instructions that Lempera’s sentence in this case be served consecutively with his sentence in 56D01-1108-FA-6.
Joseph Rolle v. State of Indiana (NFP)
49A05-1406-CR-252
Criminal. Affirms convictions for Class B misdemeanor disorderly conduct and Class C misdemeanor refusal to identify.
Michael D. Hickingbottom v. State of Indiana (NFP)
45A05-1407-CR-328
Criminal. Affirms rejection of Hickingbottom’s petition to file a belated motion to correct error. Concludes Hickingbottom’s belated motion to correct error is “simply an attempt to circumvent the procedure in place for the filing of successive petitions for post-conviction relief.”
Artwork honoring Shepard has ‘stalled’
A plan by the inaugural class of the Indiana State Bar Association’s Leadership Development Academy to honor retired Indiana Chief Justice Randall Shepard has unraveled, and class members are preparing to consider several options for moving forward, including scrapping the project altogether.
Judy Stanton stepping down as leader of NWI Volunteer Lawyers Inc.
Judy Stanton was not immediately attracted to the law. She graduated from college and started a family. But an article she read in the mid-1970s in her alumni magazine about lawyers sparked her interest in the law. She’s since spent more than 30 years helping the underserved.
Opinions Dec. 29, 2014
Indiana Court of Appeals
Charles P. White v. State of Indiana
29A05-1312-PC-641
Post conviction. Affirms White’s convictions for perjury, voting in the wrong precinct and theft. Finds White was convicted twice for the same actions in violation of double jeopardy. Reverses White’s other convictions for perjury and voting in the wrong precinct as well as another perjury conviction for putting the wrong address on his marriage license application. Remands with instructions that the trial court vacate those three convictions. Concludes White’s attorney, Carl Brizzi, was not ineffective. Holds White’s sentence to one-year of home detention remains.
Owner can seek separate claim for property damage coverage
Despite having agreed to pay $1.7 million, an insurance company may have to provide more money to satisfy a claim from the owner of a contaminated property.
COA finds double-jeopardy violations in conviction of former secretary of state
Former Indiana Secretary of State Charlie White, convicted of voter fraud and removed from office, had three of his six convictions overturned by the Indiana Court of Appeals Dec. 29 and will have to serve his sentence of one year of electronic home monitoring.
Ohio woman’s incriminating statements properly suppressed
An Ohio woman charged with murder and other crimes in Ripley County prevailed in the Indiana Court of Appeals Monday when the judges affirmed the grant of her motion to suppress incriminating statements she gave to police.
‘Second haircut’ nixed by tax court
A finance company that purchased car loans at a discounted price is entitled to recoup all the sales tax on the loans which have since gone into default.
Impact of Indiana’s criminal code changes unclear
Indiana's prosecutors and judges are still adjusting to sweeping changes to the state's criminal code intended to send more low-level, nonviolent criminals to community corrections programs and jails instead of state prisons.
Little Statehouse appetite exists for government reform
Indiana lawmakers set to reconvene next week aren't showing any signs they'll embrace some of the more sweeping changes to the structure of the state's local government proposed by a bipartisan commission.
Happy Holidays!
Indiana Lawyer Daily will not be published Dec. 25 and 26 in observance of the Christmas holiday. Have a safe and happy holiday!
Opinions Dec. 24 ILD
Indiana Court of Appeals
Reginald Greenwell v. State of Indiana (NFP)
02A03-1403-CR-100
Criminal. Affirms conviction of Class D felony battery and finding Greenwell is a habitual offender. Also affirms sentence of an aggregate term of seven-and-a-half years in the Indiana Department of Correction.
Harold R. Ferrin v. State of Indiana (NFP)
49A02-1405-CR-331
Criminal. Affirms order granting state’s motion for summary disposition. Finds Ferrin has failed to show he has exhausted his administrative remedies.
Devontae S. Brodnax v. State of Indiana (NFP)
79A02-1405-CR-344
Criminal. Affirms 13-year sentence, with nine years executed and four years suspended to probation, after pleading guilty to Class B felony burglary.
Tony R. Evans v. State of Indiana (NFP)
34A02-1407-CR-481
Criminal. Affirms revocation of Evans’ suspended sentence.