Relying on California law and a case from 2006, the Indiana Court of Appeals affirmed that an insurer of former film-processing sites has no obligation to indemnify Thomson Inc. for the remediations of three California locations.
The IndyBar Paralegal Committee Thursday delivered the thousands of teddy bears it has collected from various law firms to the “Bears on Patrol” program. The program is run by the Indianapolis Metropolitan Police Department, Marion County Sheriff’s Department, Indianapolis Fire Department and Wishard Health Services EMS.
A Marshall Circuit judge erred in granting partial summary judgment in favor of a shooting range owner on his neighbors’ claims of nuisance, the Indiana Court of Appeals held Thursday. The appellate judges found a statute cited by the trial court did not apply to the owner.
Indiana Court of Appeals
Tarique Henderson v. State of Indiana (NFP)
49A04-1202-CR-50
Criminal. Affirms convictions of Class A felony attempted murder and Class B felony unlawful possession of a firearm by a serious violent felon.
Agustin Martinez v. State of Indiana (NFP)
49A02-1203-CR-197
Criminal. Affirms convictions of two counts of Class C felony child molesting.
Kamari Hogue, A Minor, By and Through His Parent And Next Friend, Trent Hogue v. Robert Critz, Jr. (NFP)
02A05-1204-CT-192
Civil tort. Affirms jury verdict in Critz’s favor on Houge’s suit for negligence.
Robert D. Rogers, Jr. v. State of Indiana (NFP)
02A05-1204-CR-211
Criminal. Affirms conviction of failure to register as offender, elevated to a Class C felony as a result of a previous conviction for failure to register.
Mahamat Outman v. State of Indiana (NFP)
20A03-1204-CR-197
Criminal. Affirms application of the credit restricted felon statute to Outman’s conviction for Class A felony child molesting as alleged in Count III was not an ex post facto violation.
Kelvin Whitby v. State of Indiana (NFP)
02A03-1205-CR-226
Criminal. Affirms sentence for Class D felony domestic battery.
First Chicago Insurance Company v. Philip Hempel, Farm Bureau Insurance Company of Michigan, and American Transportation on Time, Inc. (NFP)
71A03-1202-PL-64
Civil plenary. Affirms dismissal of First Chicago’s complaint for declaratory judgment. The trial court did not err in dismissing the declaratory judgment action on principles of comity.
Susan Edwards v. Deutsche Bank National, Trust Company (NFP)
02A03-1201-MF-24
Mortgage foreclosure. Affirms summary judgment in favor of the bank in the bank’s in rem action against real property owned by Edwards.
Term. of the Parent-Child Rel. of: A.T., Minor Child, M.T., Father v. Indiana Dept. of Child Services (NFP)
42A04-1203-JT-118
Juvenile. Affirms involuntary termination of father’s parental rights.
Herman Gehl, II v. State of Indiana (NFP)
13A01-1203-CR-92
Criminal. Affirms sentence following guilty plea to two counts of Class D felony invasion of privacy.
7th Circuit Court of Appeals
United States of America v. Gregory Wolfe
11-3281
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms convictions of bank theft and interstate transportation of stolen goods for Wolfe’s role in a copper theft scheme and his 88-month sentence, followed by concurrent three-year terms of supervised release, and order of more than $3 million in restitution. Wolfe argued that he was deprived of a fair trial because of statements the prosecutor made during closing argument. He also challenged the sentence and restitution order. Wolfe’s contentions lack merit.
The 7th Circuit Court of Appeals rejected a defendant’s argument that the court should go against its precedent that restitution is not a criminal penalty and that a recent U.S. Supreme Court holding means the jury should determine the amount of restitution he should pay for his role in copper theft.
Ruling on the issue for the first time, the Court of Appeals held a 911 recording that involves statements by a caller that were relayed from a victim are admissible where the victim had personal knowledge of the underlying incident but the caller did not.
The Indiana Court of Appeals affirmed Bret Lee Sisson’s felony convictions of burglary, theft, receiving stolen property and unlawful possession of a firearm by a serious violent felon, finding no abuse of discretion or fundamental error during his trial.
A trial court’s error in refusing to give a defendant’s tendered self-defense and resistance of unlawful force instructions during his trial was not harmless and requires the man’s conviction of Class D felony resisting law enforcement be overturned, the Indiana Court of Appeals held Wednesday.
The Indiana Court of Appeals reversed the decision by the Wabash Circuit Court to deny a father and his wife’s petition to allow his wife to adopt his minor child, finding the biological mother’s consent is not required.
The Court of Appeals concluded Wednesday that the trial court erred when it required a valid driver’s license or state identification card as a prerequisite to grant a petition for a name change under Indiana Code 34-28-2, but split over whether an elderly man can change his name because he’s never had a valid state-issued ID.
A federal appeals court judge Tuesday granted a stay of execution for an Indiana man convicted of the torturous rape and murder of a 15-year-old girl.
Have you ever had a question that you couldn’t answer, and didn’t feel comfortable asking a colleague at your firm or even a close friend? Perhaps you’re in a solo practice and aren’t quite sure where to turn … or maybe you just need a second opinion on a course of action.
Want to provide legal help to dozens of terminally ill people in their last days without ever leaving your office? The IndyBar is searching for an attorney volunteer to coordinate its Hospice Program.
With Thanksgiving meals, family gatherings and football games barely visible in the rear view mirror, I want to get my thoughts of holiday thankfulness in just under the wire. In full disclosure, I’m focused here on three things about which I am most thankful for the Indianapolis Bar Association.
The month of November has officially passed, but it wasn’t without an impressive array of social events, educational programming and special opportunities for both IndyBar members and the legal community.
The DTCI’s flagship publication, the Indiana Civil Litigation Review, will be distributed soon. Members and subscribers can anticipate another issue full of valuable information and analyses by leaders of Indiana’s defense bar.
The Defense Trial Counsel of Indiana explains why attorneys should join the organization, including first-hand insight and a free DRI membership.