Articles

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Leadership in Law 2014: Hon. Frances C. Gull

Hon. Frances C. Gull is recognized as an exemplary judge by her colleagues on the Allen County bench and her peers throughout the state. She is known to be diligent, fair and thoughtful in her decisions. A Superior Court judge since 1997 and currently the administrative judge of its criminal division, Fran has served on […]

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Leadership in Law 2014: Jessica Benson Cox

  Jessica Benson Cox is building a thriving litigation practice defending pharmaceutical companies, medical device manufacturers and other industry leaders, and has become a go-to attorney on matters involving medical and science issues. Jessica’s commitment to civic leadership has earned her a reputation as a community leader. Jessica is described as having “boundless energy,” an […]

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Leadership in Law 2014: Jonathan Scott Enright

Scott Enright has earned a reputation as a leading media lawyer and legal strategist in Indiana and throughout the country. He is involved in all merger and acquisition activity at Emmis and played a central role in restructuring the company following the economic downturn in 2008. Scott has testified before Indiana legislative committees about the […]

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Leadership in Law 2014: Kiamesha Colom

  Kiamesha Colom is a promising young leader who has dedicated countless hours to developing her real estate and commercial lending practice while supporting diverse community endeavors. She has played an integral role in Benesch’s Women’s Initiative Program, motivating women at all stages in their careers. She’s an active member of IndyCREW, a professional organization […]

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Leadership in Law 2014: Carly A. Brandenburg

  Carly A. Brandenburg (Photo/ Pete Doherty, Doherty Images LLC) Because of her poise and easy nature, clients and other attorneys are quick to place their trust in Carly Brandenburg, whose practice areas include medical and legal malpractice defense. Licensed in Indiana and Illinois, Carly has gained substantial trial experience during her seven years in […]

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Leadership in Law 2014: Joseph T. Bumbleburg

When Joseph T. Bumbleburg earned his law degree in 1961, instead of joining a firm, he shipped out on active duty in the Judge Advocate General’s Corps until 1964. He was commissioned First Lieutenant in the U.S. Army Reserve. He joined Ball Eggleston P.C. in 1964, where he focuses on real estate development, municipal law, […]

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Leadership in Law 2014: Shokrina Beering

Shokrina Beering’s level of commitment to her clients, community and her work within organizations is unsurpassed. She concentrates her practice in commercial real estate, business and finance, and is a founding member of the Indianapolis Chapter of CREW Network, which promotes the advancement of women in the commercial real estate industry. Shokrina has served on […]

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Leadership in Law 2014: Phillip L. Bayt

Phillip L. Bayt has shepherded Ice Miller LLP through significant changes in the business and legal markets. Phil led the effort to combine the firm with the Ohio regional firm of Schottenstein Zox and Dunn Co. LPA, which added nearly 100 lawyers and two new offices to Ice Miller. In addition to building one of […]

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Justices take 5 cases, deny IBM appeals

The Indiana Supreme accepted five cases last week on transfer, including an appeal of an order that a woman pay $4,000 a month to her ex-husband in spousal maintenance. The justices also denied 18 cases, including appeals by IBM and subcontractor regarding the failed contract to update the state’s welfare system.

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Opinions April 15, 2014, ILD

Indiana Court of Appeals
Tammy Carter v. State of Indiana (NFP)
49A02-1309-CR-752
Criminal. Affirms conviction of two counts of Class D felony neglect of a dependent.  

Edrece Bryant v. State of Indiana (NFP)
49A02-1309-CR-806
Criminal. Affirms convictions of Class D felony strangulation and Class A misdemeanor domestic battery.

Antrone Crockett v. Clair Barnes and Mark Sevier (NFP)
52A05-1306-PL-304
Civil plenary. Affirms summary judgment in favor of Barnes and Sevier on inmate Crockett’s claim that the defendants denied him access to the courts.

Patricia Leslie v. Liberty Dialysis, Inc., Liberty Dialysis-Lebanon, LLC., Witham Memorial Hospital, and NLMP, Inc. (NFP)
06A01-1309-CT-400
Civil tort. Affirms in part, reverses in part and remands. Because the designated evidence supports a reasonable inference that Leslie slipped on ice, the grant of summary judgment for Liberty was improper. As for Witham and NLMP, however, Leslie has made no argument that they were not entitled to summary judgment on the alternate theories relating to immunity and lack of duty. In the absence of any such argument, she has not established that the entry of summary judgment for Witham and NLMP was improper.

Mark Conner v. State of Indiana (NFP)
33A01-1308-CR-355
Criminal. Affirms convictions of Class D felony theft and Class B misdemeanor criminal mischief and the finding Conner is a habitual offender. Remands for trial court to correct the sentencing order and abstract of judgment.

Lloyd W. Mezick v. State of Indiana (NFP)
48A02-1307-CR-649
Criminal. Affirms revocation of placement in a community corrections program.

Regina Choice v. State of Indiana (NFP)
02A03-1306-CR-227
Criminal. Affirms two-year sentence for Class D felony theft.

Kenton T. Winder v. State of Indiana (NFP)
10A04-1309-CR-461
Criminal. Affirms sentence for Class B felonies robbery and criminal confinement as well as Class A misdemeanor carrying a handgun without a license. Remands with instructions to correct the abstract of judgment.

Jason R. Barton v. State of Indiana (NFP)
02A05-1307-CR-355
Criminal. Affirms denial of motion for immediate discharge from unlawful and illegal imprisonment.

The Indiana Supreme Court and Tax Court did not post any opinions by IL deadline.
 

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Opinions April 15, 2014

7th Circuit Court of Appeals
United States of America v. Marcus Henderson
13-2483
Criminal. Affirms denial of motion to suppress and conviction of being a drug user in possession of firearms in violation of 18 U.S.C. Section 922(g)(3). The record is replete with specific and articulable facts which the SWAT officers reasonably relied upon to conclude that the officers or others faced a dangerous situation without a protective sweep of his house.

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7th Circuit: Protective sweep by SWAT team reasonable

The 7th Circuit Court of Appeals upheld the denial of a defendant’s motion to suppress evidence found in his home during a protective sweep by the SWAT team after responding to a hostage situation. Marcus Henderson claimed the sweep – which led to the discovery of firearms – was unreasonable.

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7th Circuit: Protective sweep by SWAT team reasonable

The 7th Circuit Court of Appeals upheld the denial of a defendant’s motion to suppress evidence found in his home during a protective sweep by the SWAT team after responding to a hostage situation. Marcus Henderson claimed the sweep – which led to the discovery of firearms – was unreasonable.

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Opinions April 14, 2014 ILD

Indiana Court of Appeals
Paula Rorer (Hubbard) v. William Shane Rorer (NFP)
87A04-1310-DR-494
Domestic relation. Affirms finding of indirect contempt against Hubbard in post-dissolution proceedings.

In re the Marriage of: Annette M. Huseman, f/k/a Annette M. Mantis v. Angelo N. Mantis (NFP)
45A04-1307-DR-351
Domestic relation. Reverses the trial court’s order denying mother’s motion to correct errors and the court’s April 23, 2013, order related to father’s total arrearage and the additional weekly amount he must pay toward his arrearage. Affirms the phase-in schedule of father’s modified support payments, and remands for proceedings consistent with this opinion. Judge Robb dissents.

Tyrone A. Thompson v. State of Indiana (NFP)
49A02-1309-PC-787
Post conviction. Affirms denial of petition for post-conviction relief.

Jeremy J. Holden v. State of Indiana (NFP)
45A04-1308-CR-436
Criminal. Affirms 10-year sentence for Class B felony armed robbery.

In the Matter of the Termination of the Parent-Child Relationship of: J.J. and A.J. (Minor Children) and S.J. (Father) v. Indiana Department of Child Services (NFP)
49A04-1309-JT-465
Juvenile. Affirms involuntary termination of parental rights.

Donald William Myers, III v. State of Indiana (NFP)
76A03-1305-CR-173
Criminal. Reverses Myers’ four convictions of Class A felony attempted murder.

Jay Darland and Kathleen Darland v. Elizabeth Rupp (NFP)
06A04-1308-PL-403
Civil plenary. Affirms judgment in favor of Rupp on the Darlands’ complaint seeking damages arising from a car accident.

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

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Opinions April 14, 2014

Indiana Court of Appeals
Ball State University v. Jennifer Irons, In re the Marriage of: Jennifer Irons, Wife, and Scott Irons, Husband
45A03-1307-DR-296
Domestic relation. Dismisses Ball State’s appeal of the order to release the college transcript of Jennifer Irons’ child. This appeal was not properly brought under Appellate Rule 14(A)(3). Denies Jennifer Irons’ request for appellate attorney fees. Judge Brown concurs in part and dissents in part.

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Attorney reprimand based on association with ‘Law Tigers’

The Indiana Supreme Court privately reprimanded a Lake County attorney Friday for making misleading communications regarding legal services and not including his office address in a public communications. The charges stem from his affiliation with a national for-profit organization that franchises its registered trademarks, including “Law Tigers,” to law firms around the country.

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