Justices suspend attorney who staged own shooting
The Indiana Supreme Court has suspended the southern Indiana attorney who pleaded guilty last year to a misdemeanor charge stemming from shooting himself in a state park.
neglect
Articles
Opinions May 7, 2014 ILD
Indiana Court of Appeals
Johnathon R. Aslinger v. State of Indiana (NFP)
35A02-1303-CR-296
Criminal. Grants rehearing for the limited purpose of ordering a retrial on Aslinger’s conviction for possession of paraphernalia. Affirms original opinion in all respects.
Ricky Allen Cox v. State of Indiana (NFP)
48A02-1308-CR-717
Criminal. Affirms sentence for Class D felony theft and remands for a determination of the credit time to which Cox is entitled.
J&W Construction, Inc. v. Duffy Tool & Stamping, LTD, LLC, et al. (NFP)
18A02-1309-CT-809
Civil tort. Affirms orders dismissing J&W’s motion for proceeding supplement and its motion to correct error.
Robert F. Petty v. State of Indiana (NFP)
72A05-1305-CR-237
Criminal. Affirms convictions of voluntary manslaughter, Class D felony removal of body from scene and Class D felony obstruction of justice.
Claude F. Hudson v. State of Indiana (NFP)
84A01-1305-CR-197
Criminal. Reverses denial of credit time and remands with instructions to award Hudson credit time from Oct. 15, 2012, to Dec. 27, 2012, when he was confined at a hospital.
Larry Fulbright v. State of Indiana (NFP)
49A02-1309-CR-789
Criminal. Reverses denial of petition to file a belated notice of appeal.
The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.
Opinions May 7, 2014
Indiana Supreme Court
Mayor Gregory Ballard v. Maggie Lewis, John Barth, and Vernon Brown
49S00-1311-PL-716
Civil plenary. Reverses partial summary judgment to Maggie Lewis, holding Mayor Greg Ballard is entitled to summary judgment on redistricting ordinance issue. Justices exercise judicial restraint and leave redistricting in the hands of the two branches of local government responsible for the task. Also reverses any order requiring Ballard to pay part of the cost of a master brought in on the issue.
Justices disbar attorney, threaten imprisonment for future violations
An attorney who continued to practice law despite being suspended in Indiana has been disbarred by the Indiana Supreme Court for his “on-going, pervasive and deliberate” violations of the suspension order.
Former Clark Drug Court judge among incumbents who lost in primary
The Clark County judge who ran a drug court that kept some participants jailed for months without due process lost the primary election to a New Albany attorney.
COA addresses evidence needed for animal fighting conviction
For only the second time, the Indiana Court of Appeals has addressed the issue of evidence used to obtain a conviction under I.C. 35-46-3-8, which outlaws buying or owning an animal for an animal fighting contest.
Company fails to prove it is entitled to legal relief on 2 claims
The Indiana Tax Court Wednesday agreed with the Indiana Department of State Revenue that two claims made by a company appealing its tax liability should be dismissed because legal relief cannot be granted.
Indy mayor wins redistricting battle
The Indiana Supreme Court ruled in favor of Indianapolis Mayor Greg Ballard Wednesday in a dispute between the mayor and Democratic members of the city-county council who challenged a redistricting plan passed in late 2011.
Court of Appeals allows legal malpractice case to continue
The legal malpractice action filed by a man who pleaded guilty to money laundering – when he had the possibility to plead guilty to a misdemeanor if not for his attorney’s actions – will proceed after the Indiana Court of Appeals affirmed the denial of the attorney’s motion for summary judgment.
Statute doesn’t allow consecutive habitual offender sentences
The Indiana Court of Appeals reversed a man’s sentence for operating a vehicle while intoxicated, finding the trial court had no authority to order his present sentence, enhanced by the habitual substance offender statute, to be served consecutively to his previously enhanced sentences.
ABA committee formed to study law school cost and debt
Former Mayor of Detroit Dennis Archer has been appointed to lead a special task force to examine the cost of legal education and the spiraling loan debt of students.
Excessive force, discrimination suit over alleged beating advances
A man who claims he suffered a bone-breaking beating at the hands of school employees providing security at his son’s high school football game may proceed with a federal lawsuit against the school district.
Law graduates return home to address Class of 2014
Alumni of Indiana law schools will be congratulating the new classes of attorneys and offering words of advice during upcoming Class of 2014 commencement ceremonies aross the state.
Brandeis home sells for nearly $2 million less than list price
The Louisville home where the late U.S. Supreme Court Justice Louis Brandeis spent his childhood has been sold at auction and appears likely to continue to be used as medical offices.
Opinions May 6, 2014 ILD
Indiana state courts were closed Tuesday in observance of Election Day. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline Tuesday.
Opinions May 6, 2014
7th Circuit Court of Appeals
Cung Hnin v. TOA (USA), LLC
13-3658
Civil. Affirms summary judgment in favor of TOA on Cung Hnin’s claims of discrimination based on national origin and retaliation after his firing from TOA. Hnin presented no evidence suggesting TOA officials did not believe their reasons for firing him after employees raised concerns about his behavior. Likewise, Hnin had not presented circumstantial evidence that would permit a jury to infer that TOA retaliated against him for voicing his concerns about the promotion of ethnic Chin workers.
IndyBar: Shortridge Students Witness Final Path to Citizenship
he journey to citizenship was experienced first-hand by students at the Shortridge Magnet School for Law and Public Policy as the school, the IndyBar Public Outreach Committee and the United States District Court for the Southern District of Indiana collaborated to host a naturalization ceremony on-site at the school Thursday, May 1.
IndyBar: Teams Duke it Out at IBF Trivia
The Indianapolis Bar Foundation hosted its first Trivia Night of the year Thursday, May 1.
Abrams: Celebrating Law Day
May 1 is officially recognized as Law Day. The day is spent reflecting on the role of law in the pursuit of happiness in our everyday lives and recognizing the importance of law for our community.