South Bend attorney to be sentenced in December on forgery convictions
A disbarred sole practitioner from South Bend who was found guilty in September on three counts of forgery will be sentenced Dec. 11 in St. Joseph County.
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Indiana consumers to receive payout in settlement with negative option marketer
Indiana Attorney General Greg Zoeller announced Thursday that a company accused of deceptive advertising has entered into a $30 million settlement with 48 states, resulting in $238,900 in money for Indiana customers.
Dickson, Kirsch honored guests at annual American College of Trial Lawyers dinner
U.S. Judge Jane Magnus-Stinson of the Southern District of Indiana will speak Friday at the annual dinner of the Indiana chapter of the American College of Trial Lawyers. Indiana Chief Justice Brent Dickson and Indiana Court of Appeals Judge James Kirsch are the honored guests of the fellows at the dinner.
Opinions Oct. 10, 2013 ILD
Indiana Court of Appeals
Coady Coyote Craddick v. Indiana Department of Correction (NFP)
52A02-1211-MI-942
Miscellaneous. Affirms dismissal of complaint against the DOC alleging it violated the Ex Post Facto Clause of the Indiana Constitution by classifying Craddick as a sex offender.
Fredrick D. McClure v. State of Indiana (NFP)
18A02-1302-CR-196
Criminal. Affirms trial court determination that McClure’s previously stayed sentence was eight years rather than four years.
Jason Hays v. State of Indiana (NFP)
28A04-1303-CR-109
Criminal. Affirms conviction of Class B felony operating a vehicle with a controlled substance in blood causing death.
Joseph A. Kast v. State of Indiana (NFP)
02A04-1301-CR-35
Criminal. Affirms 65-year sentence for murder conviction.
Tabatha Murphy v. State of Indiana (NFP)
30A04-1302-CR-82
Criminal. Affirms convictions of Class C felony battery with a deadly weapon, Class C felony battery resulting in serious bodily injury and Class A misdemeanor battery.
Ryan Thomas Johnston v. State of Indiana (NFP)
29A02-1212-CR-1014
Criminal. Affirms revocation of probation.
David Roy Winters v. State of Indiana (NFP)
71A03-1302-CR-41
Criminal. Affirms conviction and sentence for Class A misdemeanor conversion.
In Re The Involuntary Termination of the Parent-Child Relationship of R.C. and M.C.: Ro.C. (Father) v. The Indiana Department of Child Services (NFP)
49A02-1303-JT-194
Juvenile. Affirms involuntary termination of parental rights.
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.
Opinions Oct. 10, 2013
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of E.T., D.T., L.T., and Y.T., Minor Children: M.T., v. Indiana Dept. of Child Services and Lake County Court Appointed Special Advocate
45A03-1302-JT-49
Juvenile. Affirms termination of parental rights. The mother has not demonstrated that the trial court clearly erred when it determined that continuation of the parent-child relationship with the children poses a threat to their well-being. Nor has she shown that termination is not in the best interest of the children or that the court erred when it determined that adoption is a satisfactory plan following the terminations.
Mother unable to show error in terminating her parental rights
A mother of four children with special needs who also has a cognitive disability, was unable to convince the Indiana Court of Appeals she should be allowed to keep custody of her children.
COA still finds supervised visitation argument moot
After acknowledging that a father did file a reply brief arguing the issue of supervised parenting time was not moot, the Indiana Court of Appeals on rehearing still found his argument to be moot.
COA affirms parental termination in child’s best interest
A mother’s inability to adequately care for her child, leading to the girl’s failure to thrive, supports the termination of mother’s parental rights, the Indiana Court of Appeals held Thursday.
Contractor owed no duty to worker injured during construction of Carmel arts center
Summary judgment for a contractor on the Carmel Regional Performing Arts Center construction was appropriate, the Indiana Court of Appeals ruled, rejecting an injured worker’s argument that a duty was owed to him based on federal workplace safety regulations.
Archbishop echoes message of Pope Francis in address to legal community
Speaking to members of the legal community, Indianapolis Archbishop William Tobin pointed to the growing polarization among people, and he called for everyone to take a more gentle tone, respect the beliefs of others and work to build a “culture of encounter.”
Owners of spooked horse entitled to summary judgment in negligence suit
The Indiana Court of Appeals ruled Thursday that the owners of a horse that trampled a man after getting loose at the Marshall County 4-H Fairgrounds didn’t have reason to know the horse had any dangerous propensities prior to the accident. The court affirmed summary judgment in a negligence lawsuit on the issue.
Having the ingredients is not proof of a man’s intention to cook
Despite the state’s attempt to convince the Indiana Court of Appeals that its decision in a similar case was erroneous, the panel upheld precedent and found that a man’s possession of cold tablets and batteries is not proof he intended to manufacture methamphetamine.
Submit entries for 2014 Corporate Counsel Guide
The Indiana Lawyer will publish its annual Corporate Counsel Guide in December. There is still time to submit biographical information for inclusion in the guide.
The Corporate Counsel Guide, which includes professional profiles on in-house attorneys along with information on the nature and scope of business of their employers, is a valuable resource for lawyers in many practice areas. Attorneys keep the guide on their desks and often reference it throughout the year.
In-house attorneys working in business, non-profit and government agencies, and associations are encouraged to submit their information for inclusion in the 2014 guide. Click here to learn more or to submit information for the 2014 Corporate Counsel Guide.
Opinions Oct. 9, 2013 ILD
Indiana Court of Appeals
Jesse Doyle, Jr. v. State of Indiana (NFP)
15A01-1303-CR-132
Criminal. Affirms denial of request to withdraw guilty plea and eight-year sentence for Class C felony incest.
Derek Dewitt v. State of Indiana (NFP)
49A02-1301-CR-33
Criminal. Affirms imposition of consecutive sentences for Class A felony attempted murder and murder convictions.
Darrell Hix v. State of Indiana (NFP)
49A02-1303-CR-331
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon.
Jeffrey Cook v. State of Indiana (FNP)
48A05-1211-CR-608
Criminal. Affirms refusal by trial court to give Cook’s proffered jury instruction on self-defense because the evidence didn’t support giving it, and affirms convictions of murder, Class B felony prisoner in possession of a dangerous device or material and class D felony criminal gang activity.
The Indiana Supreme Court posted no decisions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana opinions by IL deadline.
Opinions Oct. 9, 2013
Indiana Court of Appeals
Specialty Foods of Indiana, Inc., d/b/a Jersey Mike's Subs v. City of South Bend and Century Center Board of Managers
71A05-1302-MI-95
Miscellaneous. Affirms order denying Specialty Foods of Indiana’s complaint for declaratory judgment as to its right to continue operating its business in the college Football Hall of Fame in South Bend under a use management and operations agreement. The force majeure provision of the agreement to be exclusive provider of food and beverages for the College Football Hall of Fame in South Bend is applicable to excuse the Century Center Board of Manager’s nonperformance of its obligations under the agreement because the closure of the Hall of Fame constitutes a “reason not within the reasonable control of Century Center.”
Fake IOLTA notice potential phishing scheme
Some lawyers received two email notices involving Interest on Lawyer Trust Accounts this week. But, only the one sent from the state courts is legitimate. The other may be a phishing scheme.
Warrick County man’s land correctly classified as residential excess acreage
A Warrick County man fighting the 2009 tax year assessment of his land received only a partial victory in the Indiana Tax Court Tuesday. The validity of his 2009 assessment will stand.
Summary judgment reversed in retroactive tax case
Finding a genuine issue of material fact as to when a company’s owners could have discovered that their plans investing in cash value life insurance were actually taxable, the Indiana Court of Appeals reversed summary judgment in favor of the consultant who advised the company’s owners to invest in those plans.
Participation in travel soccer league supports modifying custody
The Indiana Court of Appeals reversed the denial of a mother’s request to modify a custody order entered in 2007 when her children were in grade school, finding their participation in travel soccer leagues and the distance between the parents’ homes warrants a change.
Citing shutdown, federal court stays many civil cases
The federal government shutdown has led to a stay of nearly all civil actions in the U.S. courts in Evansville, Indianapolis, New Albany and Terre Haute in which the federal government has an interest.