PERF benefit to decline amid fund shortfall
Effective Oct. 1, the Indiana Public Retirement System will reduce the guaranteed interest rate for workers who choose to annuitize investments in their annuity savings accounts.
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Articles
Establishing Miller Trusts
Attorneys offer their pro bono services to help nursing home residents keep their Medicaid benefits.
Shake-up of study committees meant to streamline process
The internal changes to the Indiana Legislature’s interim study committee structure are not readily visible, but majority and minority leaders are optimistic the alterations will make the process more efficient and control the workload.
New members of the American Law Institute bring energy and diversity
Members of the American Law Institute help to research and write the Restatements of the Law, which are used by judges and attorneys to gain insight into laws and how those laws are applied around the country.
Canine companions bring touch of home to the workplace
Siegfried isn’t just attorney Michael Sutherlin’s 4-year-old Doberman. He’s also a trusted aide who’s never far from the lawyer’s side at home or at his Indianapolis office.
7th Circuit to hear Indiana same-sex marriage challenge
Shortly after a federal judge ordered Indiana to recognize the marriage of one same-sex couple, the Office of the Indiana Attorney General continued its defense of “traditional marriage” by filing a notice of appeal with the 7th Circuit Court of Appeals. By doing so, it added to the list of appellate courts hearing challenges to state marriage laws.
Attempted child seduction case exposes gap in law
The Indiana Supreme Court is considering whether a teacher took a substantial step toward the crime of attempted child seduction when he sent explicit Facebook messages to a 16-year-old student and proposed arranging to meet for sex.
Lawyers question enforcement of advertising rules
One of Indiana’s most familiar legal names – a frequent flier on buses, billboards and TV commercials – says enforcement of disciplinary rules governing attorney advertising is a mess and needs an overhaul. The Indiana State Bar Association is considering preapproving ads.
Opinions May 19, 2014 ILD
Indiana Court of Appeals
William Hodapp, Jr. v. State of Indiana (NFP)
07A01-1307-CR-342
Criminal. Affirms convictions of Class B felony incest, Class C felony incest, Class D felony possession of child pornography and Class A misdemeanor battery.
Russell Lawless v. Leslie Lawless (NFP)
58A01-1308-DR-366
Domestic relation. Affirms dissolution court’s deviation from the presumed equal division of marital property. Reverses the judgment of the dissolution court with respect to its determination of the amount of the marital debts and the value of the retirement plan. Remands with instructions for the dissolution court to recalculate the total amount of marital debts based upon the dates on which debts were incurred and on whose behalf, and assess the value of the retirement plan’s vested portion as of the date of the dissolution petition. The dissolution court will have discretion in determining the value of any appreciation in that portion of the retirement plan.
Michael Mason v. State of Indiana (NFP)
49A04-1310-CR-493
Criminal. Affirms conviction and 65-year sentence for murder.
Gary Sistrunk v. State of Indiana (NFP)
49A05-1211-CR-567
Criminal. Affirms conviction of robbery as a Class B felony. Remands with instruction’s to enter conviction of criminal confinement as a Class D felony and to impose a sentence consistent therewith, to be served concurrently with his sentence for the robbery conviction. Judge Michael Barnes dissents in part, arguing the robbery and confinement were not separate criminal transgressions. Therefore, the confinement conviction should be vacated entirely.
Gary Sistrunk v. State of Indiana (NFP)
49A04-1210-CR-527
Criminal. Remands with instructions to vacate Sistrunk’s conviction of criminal confinement under Count II, and to enter his conviction of robbery under Count III as a Class C felony rather than a Class B felony. Also remands to enter Sistrunk’s convictions of criminal confinement under Counts IV and V as Class D felonies rather than Class B felonies. Finally, remands to revise the sentences to be consistent with the appropriate class level for the felonies and to be served concurrently with the sentence imposed for the robbery conviction. Judge Michael Barnes dissents from the majority view that Counts III, IV, and V must be reduced because Sistrunk did not repeatedly use the weapon during the commission of the crime.
In re the Marriage of: William Adamson v. Pamela Adamson (NFP)
55A05-1310-DR-485
Domestic relation. Reverses and remands the Morgan Circuit Court’s denial of William Adamson’s motion to modify the physical custody of K.A., finding him in contempt of court and requiring him to pay Pamela Adamson’s attorney fees.
The Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Monday. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline Monday.
Opinions May 19, 2014
Indiana Tax Court
Van Buren Township, Madison County, Boone Township, Madison County, The Summitville Fire Protection Territory v. Department of Local Government Finance
49T10-1104-TA-27
Tax. Affirms Department of Local Government Finance denial of creation of the Summitville Fire Protection Territory because of defects in a legal advertisement to provide notice of a public hearing at which two townships proposed creation of the fire district and its authority to levy taxes. The court rejected arguments that each township published notice of the meeting on the same day in the same newspaper, so therefore a reasonable person would not have been misled by the defective legal notice.
School district not immune from liability in shooting incident
Although a principal was responsible for formulating and implementing a security plan for her school, the level of discretion the principal had was not enough to give the school district immunity from liability following an in-school shooting.
Spierer civil suit discovery halted; claims called ‘precarious’
The federal civil lawsuit naming two former Indiana University students who were among the last to see missing IU freshman Lauren Spierer will proceed, but a judge Monday narrowed the inquiry regarding one defendant and halted discovery in the meantime.
Supreme Court grants transfer in 4 cases
The Indiana Supreme Court will review reversal of a man’s conviction of possession of a firearm by a serious violent felon due to a police officer’s testimony about the man’s nickname.
Tax Court affirms rejection of fire protection district
A faulty legal notice published to advertise a public hearing for the purpose of creating a fire protection district in northern Madison County was sufficient grounds for the state to deny creation of the district, the Indiana Tax Court ruled Friday.
Loss of power disrupts courts in Northern Indiana
A major power outage in Northern Indiana has shut down the federal courthouse in downtown South Bend.
Marion County criminal courts near Odyssey conversion
Marion Superior criminal court workers are training and IT staff and clerks are working overtime preparing for what will be the largest adoption of the Odyssey case management system to date.
Opinions May 16, 2014 ILD
Indiana Court of Appeals
In re: The Paternity of B.J., C.J. v. H.H. (NFP)
80A04-1311-JP-575
Juvenile. Reverses trial court order denying father C.J.’s objection to relocation of mother H.H. with the parties’ child, B.J., and father’s petition to modify custody. Because the court failed to issue findings, the matter is remanded for proceedings.
In the Matter of the Termination of the Parent-Child Relationship of: C.M., J.J., L.S., and A.S., Minor Children, M.H., Mother v. Indiana Department of Child Services (NFP)
02A03-1309-JT-371
Juvenile. Affirms involuntary termination of parental rights.
Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Opinions May 16, 2014
Indiana Supreme Court
In the Matter of: Steven B. Geller
49S00-1106-DI-318
Attorney discipline. Disbars Geller for 12 violations of the Rules of Professional conduct, including violations arising from his physical confrontation at the courthouse with an ex-client who he believed owed him money. Disbarment is warranted in light of Geller’s history of misconduct, unsuccessful prior attempt at rehabilitation, inability to manage anger, and dishonesty toward the Court and the Disciplinary Commission. Justice Mark Massa concurred in part and dissented in part and would have recommended a three-year suspension without automatic reinstatement.
Lawyer disbarred for client altercation, numerous violations
A criminal defense lawyer accused of instigating a physical altercation with a former client at the City-County Building in Indianapolis and committing numerous rules violations has been disbarred.
U.S. Courts mark 60th anniversary of Brown v. Board of Education
May 17 marks the 60th anniversary of the landmark case that ended legal segregation in the United States. The federal courts are commemorating the historic Supreme Court of the United States ruling in Brown v. Board of Education with a variety of online resources.