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Bentley: Darden honored for impact, influence on legal community

September 25, 2012

On September 14, 2012, the Marion County Bar Association hosted a retirement dinner in honor of Judge Carr L. Darden, who retired as a full-time appellate judge from the Indiana Court of Appeals on his 75th birthday, July 21, 2012. The event was held at the downtown Indianapolis Marriott and included dinner, musical entertainment and remarks from several individuals to whom Judge Darden has served as a colleague, mentor, family member and friend.

New provisions shine light on patent process

September 25, 2012

One addition under the America Invents Act is the public has the opportunity to participate in pre- and post-grant reviews.

Marilyn Monroe decision points to right of publicity’s shortcomings

September 25, 2012

The legal landscape for Marilyn Monroe’s heirs changed considerably when a federal court recently affirmed that the idol had no right of publicity that survived her.

Victim funds create legal, public policy issues

September 25, 2012

Kenneth Feinberg, an authority on victim compensation funds, says circumstances warranting these types of programs are “rare.”

Remedy is not easy in securities fraud cases

September 25, 2012

Plaintiffs must meet a high standard after filing complaint to get to the discovery stage.

ILS Medical Legal Partnership gives Midtown clients access to legal services

September 25, 2012

Indiana Legal Services’ clinic helps clients at Midtown Community Mental Health Center navigate through legal entanglements that can ensnare them.

Zoeller, senators at odds over immigration law

September 25, 2012

Indiana lawmakers seek to intervene with aid of Kansas official Kris Kobach.

Loretta Rush is Indiana’s next justice

September 25, 2012

Colleagues say the Supreme Court appointee brings life balance, temperament and skill to the job.

Task force, billboards part of AG’s prescription drug abuse fight

September 24, 2012

Billboards around Indiana are part of an awareness campaign about the dangers of prescription drug abuse announced Monday by Indiana Attorney General Greg Zoeller.

Opinions Sept. 24, 2012 ILD

September 24, 2012

Indiana Court of Appeals
Thomas E. Lynch v. Arthur H. Huser (NFP)
49A05-1204-PL-162
Civil plenary. Affirms trial court judgment in favor of Huser.

Sean Cole v. State of Indiana (NFP)
49A02-1202-CR-66
Criminal. Affirms conviction of Class B felony dealing in cocaine.

Bryan Scholtes v. State of Indiana (NFP)
15A05-1202-CR-78
Criminal. Affirms trial court revocation of probation.

Steven R. Brandenburg v. First Republic Mortgage Corporation (NFP)
29A02-1201-PL-70
Civil plenary. Affirms trial court grant of summary judgment in favor of First Republic.

Olga Markova v. State of Indiana (NFP)
49A02-1110-PC-908
Post-conviction relief. Affirms trial court denial of post-conviction relief that sought to set aside guilty plea to charge of Class D felony theft.

Justin L. Smart v. State of Indiana (NFP)
46A05-1201-CR-20
Criminal. Affirms convictions of Class B felony dealing in cocaine and Class C felony dealing in a look-alike substance.

Andrew Humphreys v. State of Indiana (NFP)
79A04-1112-CR-677
Criminal. Affirms in part, reverses in part and remands, finding the court erred in applying a 16-year sentence for adjudication as a habitual offender, and instructed the court to specify which of Humphrey’s methamphetamine-related convictions is enhanced by the adjudication.

Troy Marie Cain Cornell v. State of Indiana (NFP)
02A03-1201-CR-33
Criminal. Affirms conviction of Class A misdemeanor prostitution.

Charles Davis, Sr. v. State of Indiana (NFP)
03A05-1111-CR-582
Criminal. Affirms conviction of dealing in methamphetamine, a Class B felony.

Matthew M. Derrick v. Estate of Ruth F. Korn (NFP)
71A03-1204-ES-178
Probate/estate. Affirms probate court ruling disallowing Derrick’s claim of a life estate and payments of maintenance of real property.

David Brown d/b/a DB Express v. Utility Peterbilt of Indianapolis (NFP)
49A05-1202-PL-61
Civil plenary. Affirms denial of plaintiff’s motion to correct error challenging a grant of summary judgment in favor of Peterbilt.

Opinions Sept. 24, 2012

September 24, 2012

Indiana Court of Appeals
State of Indiana v. Russell Oney
49A05-1204-CR-196
Criminal. Reverses and remands a trial court ruling that vacated a determination that a defendant was a habitual traffic violator, holding that even though one of the predicate offenses later was vacated in post-conviction relief, the BMV’s determination that Oney was a habitual traffic offender did not constitute manifest injustice.

Payne resigns as head of DCS

September 24, 2012

James W. Payne, the director of the Indiana Department of Child Services since 2004, submitted his resignation letter Monday to Gov. Mitch Daniels. The resignation comes after news reports raised questions about his involvement in DCS actions pertaining to his grandchildren.

Hospital has no claim against insurer in Tennessee judgment

September 24, 2012

A Fort Wayne Hospital that treated a person injured after a Tennessee vehicle crash may not enforce a lien against a judgment of a Tennessee court that awarded damages to the motorist.

Teen bit by police dog during arrest may sue, appeals court rules

September 24, 2012

A man who more than five years ago sustained injuries from police dog bites during his arrest may proceed with a tort claim, the Indiana Court of Appeals ruled.

Court of Appeals points to ‘alarming trend’ in defendant’s appeal

September 24, 2012

A defendant who attempted to have his conviction reversed by citing the fundamental error doctrine instead received a sharp rebuke from the Indiana Court of Appeals.

Stepson’s testimony, cell phone search invalidate stepdad’s drug conviction

September 24, 2012

A man’s conviction on a drug dealing conspiracy charge was reversed Monday when an appeals court panel ruled that a Marion County court erred in admitting testimony and evidence about text messages from the defendant’s stepson.

Study committees to look at workers’ comp, criminal history

September 24, 2012

This week at the Statehouse, interim committees will discuss issues including criminal history, criminal sentences and workers’ compensation.

Attorney facing fraud charges dropping lawyers

September 24, 2012

Lawyers for a high-profile Indianapolis attorney accused of misappropriating $4.5 million in client funds are requesting to withdraw as his defense counsel just a month before his trial date.

Appeals court reverses vacation of habitual traffic violator status

September 24, 2012

A trial court erred when it set aside a man’s 2002 guilty plea on a charge of operating a vehicle while a habitual traffic violator, the Indiana Court of Appeals ruled Monday.

Indianapolis Red Mass Oct. 9

September 24, 2012

The St. Thomas More Society of Indianapolis will hold its Red Mass at St. John Catholic Church Oct. 9 in downtown Indianapolis. The Mass is ecumenical in nature and celebrated by judges and lawyers of all faiths.

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