Articles

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Taking the oath

The admission ceremony for new Indiana lawyers weaves together feelings of joy and responsibility.

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Are you ‘fit to practice?’

The Indiana State Bar Association and the Indiana Judges and Lawyers Assistance Program focus on wellness in a new workplace survival guide.

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Opinions Nov. 5, 2012 ILD

7th Circuit Court of Appeals posted no Indiana opinions by IL deadline. Indiana Supreme Court and Tax Court posted no opinions by IL deadline.

Indiana Court of Appeals
Steven E. Miles, a/k/a Robert Dutcher v. State of Indiana (NFP)
49A02-1204-PC-310
Post conviction. Affirms denial of petition for post-conviction relief.

Patrick Fluker v. State of Indiana (NFP)
02A03-1203-CR-137
Criminal. Affirms conviction of Class A felony murder enhanced due to use of a firearm and Class D felony receiving stolen property.

Maurice Higgins v. State of Indiana (NFP)
02A03-1204-CR-189
Criminal. Reverses revocation of probation and remands to the trial court ordering Higgins immediate release from Department of Correction. The appeals court ruled that that the trial court abused its discretion in revoking Higgins’ probation on the basis of an arrest for which a jury found him not guilty.

Term. of the Parent-Child Rel. of: R.P., Minor Child, B.H., Mother v. Indiana Dept. of Child Services, and Child Advocates, Inc. (NFP)
49A02-1202-JT-84
Juvenile. Affirms termination of parental rights.

 

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Justices take 1 case, reject 20

Indiana justices will review a case involving a search deemed illegal and a subsequent conviction for resisting law enforcement that was reversed by the Court of Appeals.

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Oregon verdict may have impact on Indiana Guardsmen’s KBR suits

A federal jury verdict last week awarded 12 Oregon soldiers $85 million for illnesses linked to a military contractor that knowingly exposed them to toxic chromium dust in Iraq. The result could have implications for 60 similarly situated Indiana National Guard members who are awaiting their day in court.

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Opinions Nov. 2, 2012 ILD

Stories above detail for-publication opinions issued Nov. 2 by Indiana appellate courts. Not-for-publication opinions issued by IL deadline are listed below.

Indiana Court of Appeals
Curtis M. Howard v. State of Indiana (NFP)
79A02-1205-CR-410
Criminal. Affirms revocation of community corrections.

Dennis Leer v. State of Indiana (NFP)
20A04-1204-PC-185
Criminal. Reverses and remands denial of a petition for post-conviction relief, ordering the trial court to correct his sentence to reflect that the sentence for murder is to be served concurrently with an earlier sentence for attempted murder.

In Re The Visitation of M.J. and J.J.: C.M. v. J.J. and I.J. (NFP)
71A03-1205-JM-220
Domestic relation. Affirms granting of visitation with her two minor children, M.J. and J.J., to the children’s paternal grandparents, Jo.J. and I.J.

Kirk Lynch v. State of Indiana (NFP)
40A05-1201-CR-26
Criminal. Affirms in a split decision a conviction for Class A felony attempted child molesting, and vacating the conviction for Class C felony child solicitation, and revises Lynch’s sentence from 40 years with five suspended to probation to 25 years imprisonment with five years suspended to probation. The majority determined the child solicitation count constituted double jeopardy. Judge Terry Crone agreed, but said Lynch’s 40-year sentence was not inappropriate based on the nature of his offense and Lynch’s character.
 
Indiana Tax Court
Carolyn Gibson v. Indiana Dept. of State Revenue (NFP)
49T10-1204-TA-20
Affirms denial of refund claim.
 

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