Articles

Trimble: Avoiding and dealing with pessimism in mediation

By John C. Trimble Trimble All of us who attend or conduct mediation on a regular basis soon come to realize that pessimism is one aspect of mediation that occurs in every mediation session. We learn that if we let pessimism cause us to quit, we would never settle anything. However, pessimism on the part […]

Read More

Mediation by monitor

The rise of online dispute resolution is seen as both a challenge and an opportunity for alternative dispute resolution.

Read More

Ruling may hint at future of Indiana’s marriage law

Although the plaintiffs’ attorneys and the Indiana attorney general both emphasize a federal judge’s temporary order that the state recognize the marriage of one same-sex couple is short-term and limited, the ruling has given gay marriage proponents hope that Indiana’s marriage statute will ultimately be ruled unconstitutional.

Read More
pilot-2col.jpg

Court video project exposes problems

The Supreme Court wanted feedback on a pilot project using an audio-video record as the official appellate transcript in three Indiana courts. Lawyers at a recent discussion on the topic appear to favor pulling the plug.

Read More
focus-zombie-2col.jpg

Rise of the zombie house

When a bank files a motion to set aside a foreclosure judgment, often the courts consider the filing good news, assuming the lender and the homeowner have reached a settlement. But things aren’t always what they seem, and courts can be at risk of being duped.

Read More

Opinions April 21, 2014 ILD

Indiana Court of Appeals
James Clark v. State of Indiana (NFP)
48A02-1305-CR-416
Criminal. Affirms convictions and sentence for Class C felony robbery and two counts of Class D felony theft.

Rodney S. Perry Sr. v. State of Indiana (NFP)
45A03-1309-CR-369
Criminal. Reverses dismissal of petition for additional credit time not awarded by the Indiana Department of Correction, concluding that Perry had exhausted his administrative remedies. Remands to the trial court to entertain the petition on the merits without delay.

Laura Jones v. State of Indiana (NFP)
49A02-1307-PC-651
Post conviction. Affirms denial of post-conviction relief.

Thomas D. Dillman v. State of Indiana (NFP)
53A05-1307-CR-331
Criminal. Affirms denial of motion to correct erroneous sentence for conviction of Class A misdemeanor operating a vehicle while intoxicated.

Yansie G. Norment v. State of Indiana (NFP)
20A04-1308-PC-390
Post-conviction. Affirms denial of petition for post-conviction relief.

The Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline.  The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
 

Read More

Opinions April 21, 2014

Indiana Court of Appeals
Old Utica School Preservation, Inc., Kenneth Morrison, Scott Sandefur, and Pamela Sandefur v. Utica Township, John Durbin, Utica Township Trustee, Jacobs Well, Inc., Kevin Williar, John Posey, et al.
10A05-1308-PL-388
Civil plenary. Reverses trial court grant of summary judgment in favor of Utica Township defendants and remands for proceedings on their claims. Old Utica School Preservation plaintiffs are entitled under the public standing doctrine to proceed with their claim that the township violated language in a quitclaim deed requiring the former school to be operated by the township solely for park and recreation purposes. Plaintiffs sued when the township leased the building for purposes including temporary housing or a halfway house for criminal offenders.

Read More

Brandeis home being sold at auction

The boyhood home of the late Supreme Court of the United States Justice Louis Brandeis, credited as the place where he began developing the social philosophy that underscored his legal career, is going on the auction block.

Read More

Ethics case tests rules of ‘citizen legislature’

When the House Ethics Committee meets this week to review the case of House Speaker Pro Tem Eric Turner, members will have to examine shades of gray in deciding which conflicts of interest are acceptable and which ones go too far, in large part because of the Indiana General Assembly's status as a "citizen legislature." IBJ has the story.

Read More

Opinions April 18, 2014 ILD

The 7th Circuit Court of Appeals issued no Indiana opinions prior to IL deadline. The Indiana Supreme Court, Court of Appeals and Tax Court are closed April 18 in observance of Good Friday.

Read More

Lake Station mayor pleads not guilty to fraud charges

Lake Station, Ind., Mayor Keith Soderquist pleaded not guilty Thursday to federal charges that he and his wife took more than $18,000 from his campaign account. Soderquist, his wife Deborah Soderquist, and stepdaughter entered the pleas during a federal court hearing a day after prosecutors announced grand jury indictments charging them with wire fraud and filing false tax returns. IBJ has the story.

 

Read More

Lawsuit challenges Illiana Tollway

Environmental groups have filed a lawsuit  to stop the proposed $1.3 billion Illiana Tollway linking northern Illinois and northwestern Indiana. The suit claims the Illinois Department of Transportation doesn't have authority to develop it. IBJ has the story.

 

Read More