Hammerle On…’American Hustle,’ ‘Inside Llewyn Davis,’ ‘Anchorman 2: The Legend Continues,’ ‘The Hobbit: The Desolation of Smaug’
Bob Hammerle says don’t be surprised if David O. Russell’s “American Hustle” wins Oscar’s top prize.
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Previous conviction? Expunge it!
Indiana’s expungement law took effect in 2013, allowing people convicted of certain crimes to have their criminal records restricted. The new law allows records to be sealed and expunged for people arrested but not convicted or if a conviction is vacated on appeal. It also allows people convicted of misdemeanors to petition the court for […]
Criminal law committee passes pilot programs, studies
Four proposals approved during the final meeting of the Criminal Law and Sentencing Policy Study Committee appear headed for consideration during the 2014 session of the Indiana General Assembly.
Attorneys misbehaving
An Indiana lawyer being disciplined isn’t necessarily news. This year, the Indiana Supreme Court issued more than 80 disciplinary orders, sometimes dealing with the same attorney matter. But some cases do stand out more than others, like when a judge’s discipline case is believed to be the most voluminous judicial disciplinary proceeding in the state’s […]
Concerns exist over proposed sentencing bill
The balance struck between the opposing demands of the prosecutors and public defenders in the proposed criminal sentencing bill may be upended during the 2014 legislative session, which could force Indiana to squeeze hundreds of millions of dollars from the state budget to build a new prison.
New Maurer dean to create buzz about school
Austen Parrish says the Bloomington law school is well-positioned to meet challenges of the future.
Indiana’s courthouses receive renewed attention ahead of state bicentennial
Chris Flook has an eye for Indiana’s courthouses and courthouse squares. He’s photographed all 92.
Opinions Dec. 27, 2013 ILD
Indiana Court of Appeals
In Re the Matter of R.K.: A Child Alleged to be a Child in Need of Services, A.K. v. The Indiana Department of Child Services (NFP)
31A01-1307-JC-310
Juvenile. Reverses juvenile court order awarding child custody to father, R.K. Sr., holding that the court abused its discretion by modifying custody without a formal evidentiary hearing. Vacates the modification order and remands for an evidentiary hearing on the modification petition.
DeWayne Nalls v. State of Indiana (NFP)
49A04-1306-CR-281
Criminal. Affirms concurrent sentences of 35 years for conviction of Class A felony attempted murder and 10 years for unlawful possession of a firearm by a serious violent felon, but vacates as illegal a separate five-year enhancement for the firearm charge.
Cleverly Lockhart v. State of Indiana (NFP)
34A02-1304-CR-384
Criminal. Reverses trial court’s denial of a petition to file a belated notice of appeal of four counts of child molesting and remands for proceedings.
Clarian Health Partners, Inc., d/b/a Methodist Hospital v. Jessica Sprunger, as next best friend of James Daniel Sprunger, Minor (NFP)
49A02-1211-CT-943
Civil tort/medical malpractice. Finds the trial court erred in denying Clarian’s motion to correct error after a jury award of $500,000 in favor of James Sprunger. The court also abused its discretion in instructing the jury. Remanded for proceedings.
Virginia Davis v. Indiana State Board of Nursing (NFP)
49A05-1304-PL-187
Civil plenary. Affirms Indiana State Board of Nursing’s license revocation.
In Re the Estate of Ruby Shuler Blankenbaker Botkins, Deceased, Mark Allen Shuler and David Lee Shuler v. Estate of George Botkins by Larry Botkins (NFP)
22A01-1307-ES-337
Estate. Affirms probate court’s entry of final accounting.
Jamar Perkins v. State of Indiana (NFP)
49A02-1306-CR-551
Criminal. Affirms conviction of felony murder.
John D. May v. State of Indiana (NFP)
28A05-1307-PC-320
Post conviction. Affirms denial of post-conviction relief from a conviction of Class C felony possession of methamphetamine while in possession of a firearm.
Darrell McNary v. State of Indiana (NFP)
20A05-1211-PC-607
Post conviction. Affirms denial of relief from a conviction of Class B felony dealing cocaine.
Brandon White v. State of Indiana (NFP)
49A04-1304-CR-188
Criminal. Affirms conviction of Class D felony criminal recklessness.
Bonnie Shipley v. Anonymous Doctor A and Anonymous Hospital C (NFP)
40A04-1304-PL-184
Civil plenary/malpractice. Affirms grant of summary judgment in favor of Anonymous Doctor A and Anonymous Hospital C.
James E. Britt, Jr. v. State of Indiana (NFP)
20A03-1304-CR-152
Criminal. Affirms convictions of Class D felony possession of marijuana and Class A misdemeanor carrying a handgun without a license.
Ron Rose v. State of Indiana (NFP)
15A01-1306-PC-272
Post conviction. Reverses denial of a petition for relief from a conviction of Class B felony criminal deviate conduct, holding that the court clearly erred in imposing a lifelong requirement that Ron Rose register as a sexually violent predator rather than as a sex offender. Rose proved by a preponderance of the evidence that he didn’t understand that aspect of his guilty plea, and he had specifically rejected that provision when discussing the plea agreement with his attorney beforehand. Remanded for proceedings.
The Indiana Supreme Court and Tax Court issued no opinions prior to IL deadline.
Opinions Dec. 27, 2013
7th Circuit Court of Appeals
Dawn Marie Adams v. James Gregory Adams
13-1636
Civil. Reverses District Court denial of creditor Dawn Marie Adams’ bankruptcy court claim against her former husband and business partner, James Gregory Adams. The bankruptcy court claims were previously adjudicated in state courts and the doctrine of issue preclusion prevented the bankruptcy court from rehearing those issues. Remanded for proceedings.
AG finds no caselaw that answers same-sex amendment question
Nearly 13 minutes into a press conference touting the accomplishments of his office in 2013, Indiana Attorney General Greg Zoeller got a question on a topic he may have been hoping to avoid – same-sex marriage.
In monster-truck bankruptcy, courts errantly denied ex-wife’s claim
Federal Bankruptcy and District courts wrongly denied a woman’s claim against the estate of her ex-husband and business partner who owed her money after they divorced and unwound a monster-truck business for which she had lent money.
COA affirms post-conviction relief for ineffective counsel
A man who was convicted of multiple felonies related to a two-day instance of domestic violence in which he “terrorized” his girlfriend in their apartment will be resentenced on a lesser charge on one conviction.
Appeals court affirms out-of-state placement of child with father
A mother whose son was placed with his father in California after the Department of Child Services found her children to be children in need of services failed to convince a panel of the Indiana Court of Appeals that the placement was erroneous or that the DCS didn’t make a reasonable effort to preserve the family.
Bill pledges greater gun immunity, protection for judges
Judicial officers would be granted the same ability to carry firearms and immunity as law enforcement officers under a bill introduced by the chairman of the Senate Judiciary Committee.
Exclusive appeal notice filing with state clerk begins Jan. 1
Attorneys who don’t file a notice of appeal with the Office of the Clerk of the Indiana Supreme Court, Court of Appeals and Tax Court after Jan. 1 will forfeit their right to appeal.
Judge rejects Charlie White’s claim of ineffective counsel
Former Secretary of State Charlie White has been ordered to begin serving his sentence for violating Indiana’s election law after his petition for post-conviction relief was denied.
Humvee maker, defense giant BAE wrangle over $277M judgment
A dispute over the true cost of Humvee body armor rushed to the battlefield in the deadliest days of the Iraq war has resulted in a court battle that includes suggestions that one of the world’s top defense contractors may have serious business problems as it argues against posting full security for a $277 million judgment.
Opinions Dec. 26, 2013 ILD
Indiana Court of Appeals
Terry Donald Rutledge v. State of Indiana (NFP)
18A05-1302-CR-70
Criminal. Affirms conviction of murder.
Terry Berry v. State of Indiana (NFP)
49A02-1304-CR-348
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct and Class A misdemeanor carrying a handgun without a license.
Donyel Perry v. Tracy Perry (NFP)
49A02-1304-DR-385
Domestic relation. Affirms denial of father Donyel Perry’s motion to set aside a judgment ordering him to pay mother Tracy Perry for educational and orthodontic expenses incurred by their child.
Donald Leehy v. State of Indiana (NFP)
42A05-1305-CR-264
Criminal. Affirms revocation of probation.
Esteban Gonzalez v. State of Indiana (NFP)
79A02-1303-CR-279
Criminal. Affirms convictions of Class C felony operating a motor vehicle while privileges are forfeited for life, Class A misdemeanor operating a vehicle while intoxicated and an enhancement as habitual substance offender.
Vincent Thornburg v. State of Indiana (NFP)
89A01-1307-CR-307
Criminal. Affirms judgment of the trial court of applying proceeds of a $505 cash bond to the costs and fees pursuant to terms of a plea agreement on a charge of Class D felony receiving stolen property.
Michael Baldwin v. State of Indiana (NFP)
49A02-1302-CR-168
Criminal. Affirms denial of petition for restoration of credit time.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline. 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Dec. 26, 2013
Indiana Court of Appeals
Terry Donald Rutledge v. State of Indiana (NFP)
18A05-1302-CR-70
Criminal. Affirms conviction of murder.
Angie’s List hit with shareholder suit
Angie’s List’s CEO William Oesterle and four other top executives made a series of false or misleading statements about the company’s prospects that inflated its stock price earlier this year as they sold $13 million of their own shares, a lawsuit seeking class-action status alleges.