Former Civil Rights Commission director, MCBA president dies
Sandra Leek, who ran the Indiana Civil Rights Commission for 13 years, died Oct. 12 after battling cancer. She was 58.
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Articles
Indiana justices accept 2 cases
The Indiana Supreme Court will weigh in on whether communications during mediation can be used as extrinsic evidence.
Legislative groups to look at surrogate attorneys, funding for correction programs
Legislators this week will study a variety of issues, including preliminary drafts on surrogate attorneys and probate court authority.
Survey says: retain 2 Lake County judges
Respondents to a recent survey conducted by the Lake County Bar Association on two judges up for retention this year have recommended the judges be retained.
Bankruptcy court seeks comment on local rules
The U.S. Bankruptcy Court for the Northern District of Indiana is seeking public comment on proposed changes to Local Rule B-7056-1, Motions for Summary Judgment.
IU McKinney launches Bayh lecture
This Thursday marks the inaugural Birch Bayh Lecture at Indiana University Robert H. McKinney School of Law. The annual event, named after former U.S. Senator Birch Bayh, will focus on issues of importance to Bayh regarding the government.
Weinberger sentenced to 84 months in prison
A judge on Friday rejected former Merrillville "nose doctor" Mark Weinberger’s request to be released from federal prison for time served and instead ordered him to spend almost another four years behind bars for fraud.
Opinions Oct. 12, 2012 ILD
7th Circuit Court of Appeals issued no opinions prior to IL deadline.
Indiana Supreme Court and Indiana Tax court issued no opinions prior to IL deadline.
Indiana Court of Appeals
Charles Davis, Sr. v. State of Indiana (NFP)
03A05-1111-CR-639
Criminal. Affirms conviction and sentence for Class B felony dealing in methamphetamine.
Steven Powers v. State of Indiana (NFP)
84A01-1201-CR-29
Criminal. Affirms sentence for Class B felony neglect of a dependent resulting in serious bodily injury.
T.H. v. State of Indiana (NFP)
53A05-1203-JV-119
Juvenile. Affirms adjudication as a delinquent, finding T.H. committed rape and criminal deviate conduct.
Robert Decker v. Paul Whitesell, as Superintendent of the Indiana State Police, The Indiana State Police Board, and The Indiana State Police (NFP)
84A01-1112-PL-578
Civil plenary. Affirms termination of employment.
Robin McFarland v. State of Indiana (NFP)
49A02-1203-CR-239
Criminal. Affirms conviction of Class D felony theft.
Lawrence A. Smith v. Dennis A. Williams and Giddings, Whitsitt & Williams, P.C. (NFP)
06A01-1201-CT-20
Civil tort. Affirms order granting summary judgment in favor of Williams and the law firm on Smith’s legal malpractice action.
Jwaun Poindexter v. State of Indiana (NFP)
49A02-1203-CR-213
Criminal. Affirms murder conviction, reverses conviction of Class A felony attempted robbery and remands with instructions to enter judgment of conviction for attempted robbery as a Class C felony and sentence Poindexter accordingly.
Opinions Oct. 12, 2012
Indiana Court of Appeals
Jeffrey Riggs and Mark Ashmann v. Mark S. Weinberger, M.D., Mark Weinberger, M.D., P.C., Merrillville Center for Advanced Surgery, LLC, and Nose and Sinus Center, LLC
45A03-1109-CT-394
Civil tort. Reaffirms original opinion in all respects, and finds that a trial court when confronted with the facts and circumstances like those in this case, may compel an involuntary psychiatric examination in accordance with Ind. Trial Rule 35. There is no requirement that the court must do so.
Martin selected as U.S. magistrate judge in Hammond
John E. Martin will succeed Magistrate Judge Andrew P. Rodovich in the Northern District of Indiana’s Hammond Division, the court announced. Rodovich is retiring from the bench.
Court orders BMV to hold hearing on whether felon can get ID
A federal judge has found a convicted felon’s due process clause claim “has teeth” and that the Bureau of Motor Vehicles must determine whether to issue the man an identification card even though his last name on his birth certificate and Social Security card do not match.
Bankruptcy court attempts to clarify order distribution
Bankruptcy Clerk Kevin P. Dempsey of the Southern District of Indiana has issued a clarification on when orders should be distributed now that rules have shifted responsibility for distribution of most orders to the prevailing parties.
Judges reaffirm 2 Weinberger patients’ psychological evaluations
In reaffirming a Lake Superior Court decision that granted former doctor Mark Weinberger’s motion that two men suing him undergo psychological examinations, the Indiana Court of Appeals clarified that there is no requirement that a trial court must compel an involuntary psychiatric evaluation when faced with similar facts and circumstances as in the instant cases.
Dealership gets court to dismiss claims made by Volvo
A federal judge in Indianapolis has ruled in favor of Andy Mohr Truck Center in two lawsuits stemming from a broken business relationship between the dealer and Volvo Trucks North America.
2 indicted for defrauding company of $1.6M
A Fishers, Ind. man, along with a businessman in California, have been charged in the Southern District of Indiana with stealing more than a million dollars from the Indianapolis-area branch of power tool manufacturer Stanley Black and Decker.
Delayed ordinance publication doesn’t affect power to annex
Landowners challenging the annexation of portions of land in Hamilton County to the city of Westfield lost their appeal before the Indiana Court of Appeals. The remonstrators claimed the city’s delayed publication of annexation ordinances should have barred the annexation.
Opinions Oct. 11, 2012 ILD
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Andrew Machi v. State of Indiana (NFP)
36A04-1203-CR-166
Criminal. Affirms revocation of probation.
Daniel Crabtree v. State of Indiana (NFP)
15A01-1203-CR-131
Criminal. Affirms sentence imposed after Crabtree’s probation for Class C felony child molesting was revoked.
Matthew Bryant v. State of Indiana (NFP)
03A01-1110-CR-496
Criminal. Reduces Bryant’s conviction of Class C felony battery to a Class B misdemeanor and remands for resentencing, which will have no effect on his aggregate 93-year sentence. Affirms remaining convictions of Class A felony burglary, two counts of Class B felony criminal confinement, and two counts of Class C felony intimidation.
Shellie P. App v. William App, Jr. (NFP)
67A01-1203-DR-99
Domestic relation. Finds trial court erred by entering a post-secondary educational expense order in the absence of a worksheet or its own findings and conclusions and by failing to specify which parent should claim the child as a dependent for tax purposes. Affirms in all other respects. Remands with instructions.
John Tompkins v. State of Indiana (NFP)
49A04-1111-CR-690
Criminal. Affirms conviction of Class A felony burglary and status as a habitual offender.
Opinions Oct. 11, 2012
7th Circuit Court of Appeals
Edward Jeroski, doing business as USA Cleaning Service and Building Maintenance v. Federal Mine Safety and Health Review Commission and U.S. Secretary of Labor
11-3687
Agency review. Denies USA Cleaning’s petition to review the order of the Federal Mine Safety and Health Review Commission, which affirmed the denial of an application for attorney fees under the Equal Access to Justice Act. The meaning of “prevailing party” under the act does not apply to USA Cleaning, which was the subject of an order by the Federal Mine Safety and Health Administration that was later dropped.
COA affirms 5 child molesting convictions
The admission of testimony by a licensed clinical psychologist at a man’s child molestation trial in Steuben County was not a fundamental error, the Indiana Court of Appeals held Thursday.
Attorneys not entitled to fees after agency drops order
Addressing for the first time what qualifies as a “prevailing party” under the Equal Access to Justice Act, the 7th Circuit Court of Appeals sided with several other appellate courts that have ruled on the issue.