Attorney disbarred for writing book about client
The Indiana Supreme Court has ordered a Carmel attorney disbarred after finding he wrote a book revealing sensitive information about a former client for his monetary gain.
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Justices: Voluntary associations must comply with Wage Payment Statute
The Indiana Supreme Court Tuesday ordered more proceedings on a fired union employee’s complaint seeking payment for unused vacation time. The justices held that she is entitled to accrue vacation pay unless there was an arrangement or policy to the contrary, which is in dispute in this case.
Protective order project moves to Center for Victim and Human Rights
The Indiana Coalition Against Domestic Violence and the Center for Victim and Human Rights announced Tuesday that the ICADV’s Protective Order Pro Bono Project is being taken over by the CVHR.
7th Circuit won’t make Indiana rip up section of I-69
The 7th Circuit Court of Appeals on Tuesday rejected environmental activists’ arguments that the U.S. Army Corps of Engineers failed to adequately address impact on wetlands when it issued permits for a recently completed section of Interstate 69 in southern Indiana.
Opinions July 16, 2013 ILD
Indiana Court of Appeals
Jeramie Murdock v. State of Indiana (NFP)
48A02-1210-CR-880
Criminal. Affirms 20-year executed sentence and convictions of Class B felony dealing in methamphetamine, Class D felony possession of methamphetamine and Class D felony maintaining a common nuisance.
Jeffrey Nemcek v. State of Indiana (NFP)
45A04-1210-CR-549
Criminal. Affirms conviction of Class C felony reckless homicide and Class B misdemeanor possession of a switchblade knife.
Scott Banfield v. State of Indiana (NFP)
02A04-1210-IF-536
Infraction. Affirms bench trial verdict against Scott Banfield and fine of $35.50 plus court costs for a speeding ticket.
Oscar Guillen, Sr. v. State of Indiana (NFP)
56A03-1204-CR-157
Criminal. Affirms convictions of two counts of Class D felony intimidation and adjudication as a habitual offender.
Patrick Wiese v. State of Indiana (NFP)
49A02-1207-CR-595
Criminal/rehearing. Reaffirms trial court denial of a motion to suppress evidence from a home search.
Eric M. Kyner v. State of Indiana (NFP)
49A02-1301-PC-124
Post-conviction. Affirms denial of petition for post-conviction relief from his designation as a sexually violent predator and placement on parole, which was revoked after a violation.
Christopher McCaster v. State of Indiana (NFP)
79A04-1212-CR-644
Criminal. Affirms habitual-offender sentence enhancement to a conviction of Class A felony conspiracy to deal in cocaine or a narcotic drug.
Romell Colvin v. State of Indiana (NFP)
82A01-1212-CR-576
Criminal. Affirms Class D felony conviction of dealing in marijuana.
Nicholas Joseph Bray v. State of Indiana (NFP)
45A05-1210-CR-548
Criminal. Affirms denial of motion to withdraw guilty plea to two counts of Class C felony child molesting.
Barbara Laskowski v. Amer Kazi, M.D. (NFP)
20A03-1205-PL-235
Civil plenary/medical malpractice. A majority of Judge Rudolph Pyle III and Chief Judge Margret Robb affirms summary judgment in favor of the defendant. Judge Melissa May dissents.
Jim A. Edsall v. Benson, Pantello, Morris, James & Logan (NFP)
02A05-1210-SC-508
Small claims. Affirms judgment against Jim Edsall for $981.31 in unpaid legal fees.
Kenneth Horton v. State of Indiana (NFP)
49A02-1212-CR-1036
Criminal. Affirms revocation of probation on the suspended portion of a sentence for Class B felony rape.
Delford W. Jones v. State of Indiana (NFP)
45A03-1209-CR-401
Criminal. Reverses convictions of Class C felony child molesting and Class D felony sexual battery and remands to the trial court to enter a conviction of Class B misdemeanor battery and resentence Jones accordingly.
Susan Berg v. Wanda Peters Rice a/k/a Wanda Coleman (NFP)
40A04-1210-SC-530
Small claims. Affirms judgment in favor of Wanda Peters Rice a/k/a Wanda Coleman in a land contract dispute.
Melvin Lee Hayes v. State of Indiana (NFP)
03A05-1212-CR-630
Criminal. Remands to the trial court to recalculate credit for time served on convictions of Class D felony counts of possession of a controlled substance, possession of methamphetamine and theft.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Tuesday.
Opinions July 16, 2013
7th Circuit Court of Appeals
Hoosier Environmental Council and Citizens for Appropriate Rural Roads v. United States Army Corps of Engineers and Indiana Department of Transportation
12-3187
Civil/agency action. Affirms the U.S. Court for the Southern District of Indiana’s grant of summary judgment in favor of the Corps of Engineers, holding that the Corps evaluated all of the wetland-protection factors required in its approval of a Clean Water Act permit to construct a section of Interstate 69 about 25 miles south of Bloomington.
Conviction splits COA in determining actions of a ‘reasonable person’
In affirming the conviction of a man who violated a no-contact order, the Indiana Court of Appeals split over what a “reasonable person” would have done in similar circumstances.
Appeals court cites apparent authority to affirm auction sale
The sale of Noble County lake and farm property at auction is valid even though some siblings in a family limited liability corporation objected because reserve prices hadn’t been met, the Indiana Court of Appeals ruled in affirming the trial court.
Rear-ended motorist found 70 percent liable wins on appeal
A jury that found a Kokomo motorist 70 percent at fault when his vehicle sitting at an intersection was rear-ended misread the law, as did a judge who instructed jurors, the Indiana Court of Appeals ruled.
COA finds argument that documents were ambiguous is really ‘a failure to read’
A real estate investor who argued that he should not be held personally liable because the loan documents were ambiguous was reminded by the Indiana Court of Appeals that “a failure to read does not equate with an ambiguity….”
Labor and employment attorney named 2013 Legendary Lawyer
Retired Indianapolis attorney Henry C. Ryder has been selected to receive the Indiana Bar Foundation’s 2013 Legendary Lawyer Award.
Kohlhaas: Notable changes to Indiana’s Parenting Time Guidelines
Michael Kohlhaas points out notable changes to the Indiana Parenting Time Guidelines, including to school breaks.
IndyBar: US Law Firms on Pace for Record Year
There were 18 law firm mergers and acquisitions announced in the United States in the second quarter of 2013, according to Altman Weil MergerLine. At the mid-year point, there have been 39 total mergers, putting 2013 on a potentially record–setting pace.
IndyBar: Women & the Law Division Seeking Nominations for Antoinette Dakin Leach Award
If you know a successful female attorney who exemplifies the determination and successes of Antoinette Dakin Leach, then please nominate her for the 2013 Antoinette Dakin Leach Award.
IndyBar: Planning Ahead for Solo and Small Firm Lawyers
Have you ever thought about what would happen if you were suddenly involved in an accident, or had an unexpected illness, or an untimely death? In such situations, how would your clients fare? Who would cover upcoming court dates? Who would guide clients to new counsel?
Indiana Court Decisions – June 26 to July 9, 2013
7th Circuit Court of Appeals June 26 Civil – Malicious Prosecution Michael Alexander v. United States of America 12-2190 The 7th Circuit Court of Appeals reversed the decision by a federal court in Indianapolis that dismissed a Muncie criminal defense attorney’s lawsuit against the United States for malicious prosecution and intentional infliction of emotional distress. […]
DTCI: Synopsis of House Enrolled Act 1320
The workers’ compensation reform legislation, effective July 1, 2013, not only increases benefit amounts to injured workers, but also, most notably, imposes a fee schedule for the reimbursement of medical service facilities based upon Medicare’s reimbursement rates.