Articles

COA split over reversing summary judgment in slip-and-fall case

The Indiana Court of Appeals was divided Wednesday over whether a Merrillville store failed to preserve its issue of prejudice by opposing summary judgment granted to two companies in a negligence lawsuit filed by a woman who fell on ice in front of the northern Indiana Pier 1 Imports store.

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Judges uphold sale of properties in tax sale

The Indiana Court of Appeals upheld the denial of a property owner’s motion for relief from judgment after his two parcels were sold in a Marion County tax sale. The man argued the notices sent by officials didn’t comply with statutory requirements and he was denied due process.

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Ex-prosecutor pleads guilty to bribery

A former Marion County deputy prosecutor pleaded guilty Tuesday in an Indianapolis federal court to accepting a bribe. As part of the plea, he agreed to tell federal prosecutors what he knows about public corruption in Indianapolis.

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Opinions July 2, 2013 ILD

Indiana Court of Appeals
Fireworks West International, et al. v. David Prim, et al. (NFP)
49A04-1211-CT-582
Civil tort. Affirms denial of summary judgment in favor of David Prim, et al.

Iris Newt v. State of Indiana (NFP)
32A01-1211-CR-503
Criminal. Affirms jury conviction of Class D felony theft and entrance of judgment and sentence as Class A misdemeanor theft.

Charles Hall v. State of Indiana (NFP)

75A03-1107-PC-331
Post conviction. Affirms denial of post-conviction relief for a conviction of Class B felony dealing in methamphetamine.

Steven C. Cupery v. State of Indiana (NFP)
20A03-1212-CR-547
Criminal. Affirms two-year sentence for conviction of Class D felony possession of cocaine pursuant to an agreement that dismissed an unrelated criminal case.

Darryl Crenshaw and Krisean Porter v. State of Indiana (NFP)
49A02-1210-CR-859
Criminal. Affirms denial of petitions for restricted disclosure of arrest records on dismissed charges.

Maria Torres v. Lovisa Enders (NFP)

49A02-1302-CT-122
Reverses and remands trial court order dismissing Maria Torres’ negligence claim against Lovisa Enders, holding that the trial court erred and should have granted summary judgment in favor of Torres on the issue of whether the complaint was timely brought. The court orders the complaint reinstated.

Fred L. Froeschke and Judith A. Froeschke v. City of Vincennes (NFP)

42A04-1301-PL-29
Civil plenary. Affirms order granting summary judgment in favor of the city of Vincennes.

Dwight A. Washington v. State of Indiana (NFP)
49A04-1211-CR-559
Criminal. Affirms convictions of multiple counts of child molestation.

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

 

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Opinions July 2, 2013

Indiana Court of Appeals
Tequita Ramsey v. Lightning Corporation
49A02-1209-CC-705
Civil Collection. Affirms the trial court’s judgment in decertifying the class. In this case of first impression, the COA noted it could find no logical reason to hold that a trial court may never revoke or rescind an order certifying a class. To do so would mean that once a class action is certified, the class could not be later decertified even if facts and evidence discovered afterward suggests the class should not have been certified in the first place.

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IndyBar: Simplify Your Practice with Forms and Resources

The sharing of information and resources is one of the greatest benefits of an association. During the course of its more than 125 year history, the Indianapolis Bar Association has developed a number of resources to assist in the practice online, on disk or in hard copy.

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IndyBar: I am humbled

Kelley Johnson writes about how during her service this year as Indianapolis Bar Foundation president, she is continually humbled by IndyBar members.

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IndyBar: Around the Bar

The Women & the Law Division’s Annual Summer Reception was held Tuesday, June 25 at the Indiana Historical Society.

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