Close calls, complex cases highlight need for attorney surrogates
The attorney surrogate rule protects clients when lawyers are suddenly unavailable due to death, disability, disbarment or disappearance.
neglect
Articles
Dean’s Desk: Legal education is navigating turbulent waters
On April 24, the McKinney School was privileged to host a plenary session of the American Bar Association Task Force that Randy Shepard is chairing on the future of legal education. It was an eye-opening, interesting and, at the same time, unsettling day.
Marion County’s Odyssey transition: a tech-free week
The clerk’s office in Indianapolis’ City-County Building is in the middle of a throwback week, revisiting a simpler time when a hand stamp on paper was all you needed to file court documents. Blame technology.
On The Move – 5/8/13
Read about who’s recently been honored, appointed to a board or joined an Indiana firm.
Rockport on the rocks
The Indiana Legislature leaves the fate of a derided coal gasification plant proposal to justices.
Taking them at their word
The work of interpreters is exhausting, but vital to protecting individual rights.
Disciplinary actions – 5/8/13
Read who’s been suspended recently by the Indiana Supreme Court.
Social media sleuths find evidence, but admissibility requires authentication
What happens on Facebook stays on Facebook – forever – and attorneys conceivably run into risk if they fail to investigate pertinent posts, a judge suggested during a presentation about social media evidence.
Finding a new course for legal education
ABA task force meets at Indiana University Robert H. McKinney School of Law to solicit ideas for potential changes to how law schools prepare students.
New lawyers find bloom still not on hiring rose
With headlines still screaming about the glut of lawyers and recent law school graduates struggling to find jobs that will enable them to repay their student loans, Andrea Kochert admits she is probably not the typical law school student.
On the road, jurists give public access to appellate cases
It’s no accident that on a college campus in Richmond recently, the Indiana Supreme Court heard a case that involves allegations of hazing and potential liability for an incident at a Wabash College fraternity.
Criminal code and expungement bills signed by governor
Indiana Gov. Mike Pence signed two bills today that could significantly transform Indiana’s criminal judicial system.
Lugar: Votes for Obama Supreme Court nominees carried heavy cost
Former Indiana Sen. Richard G. Lugar told members of the federal judiciary Monday that his support of President Barack Obama’s Supreme Court appointees, opposed by many in his party, may have carried the greatest political cost of any decisions during his 36 years in the Senate.
Opinions May 6, 2013 ILD
Indiana Court of Appeals
Carol Raper, Executor of the Estate of Timothy Raper v. Jill A. Haber, Darrell Harvey, and Jane Harvey (NFP)
81A01-1206-TR-262
Trust. Dismisses the appeal sua sponte. The trial court’s ruling on Raper’s motion to interview was not a final judgment under Trial Rule 54(B) or an appealable interlocutory order so the COA does not have jurisdiction and must dismiss.
Bryan Delaney v. State of Indiana (NFP)
06A01-1209-CR-435
Criminal. Affirms the trial court’s denial of Delaney’s motion to withdraw his guilty plea. Ruled Delaney’s motion to withdraw his guilty plea to the charge of sexual misconduct with a minor as a Class B felony implicated neither substantial prejudice nor manifest injustice. Therefore it was within the discretion of the trial court to deny the motion.
Property-Owners Insurance Company v. Grandview One (NFP)
49A05-1205-CT-275
Civil tort. Reverses the trial court’s order entering partial summary judgment in favor of Grandview One and remands the matter for further proceedings. There is a genuine issue of material fact precluding summary judgment with respect to whether the evidence does or does not meet the plain meaning of the term “vacant.”
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.
Opinions May 6, 2013
Indiana Court of Appeals
Love Jeet Kaur v. State of Indiana
29A05-1208-CR-424
Criminal. Affirms trial court denial of motion to dismiss charges of Class D felony dealing in a synthetic cannabinoid, Class D felony possession of a synthetic cannabinoid, and Class D felony maintaining a common nuisance. The panel ruled that Indiana’s synthetic drug law, I.C. § 35-31.5-2-321, was not vague as applied to Kaur and did not represent an unconstitutional delegation of legislative power to the Board of Pharmacy.
Statehouse leaders honor former Gov. Otis Bowen
Leaders of the Indiana General Assembly expressed their sorrow for the passing of former Indiana Gov. Otis Ray Bowen.
Mobile home park’s occupancy rate not enough to reduce property assessment
A low occupancy rate alone did not provide the owner of a mobile home community with the evidence it needed to get its property assessment reduced.
Tax Court denies excess levy sought by IndyGo
Indianapolis’ public transit system lost a bid in the Indiana Tax Court to recover a budget shortfall that the Department of Local Government Finance ruled did not exist.
Store owner’s ‘Spice law’ prosecution may proceed, COA rules
The state may press criminal charges under the state’s synthetic drug law against a Hamilton County defendant who unsuccessfully argued to the Indiana Court of Appeals that the law was vague and represents an unconstitutional delegation of legislative authority to the Board of Pharmacy.
Jackson County juvenile home to be renamed for judge
The Jackson County Juvenile Home will be renamed this week for a judge who was instrumental in its founding nearly 35 years ago.