One of the benefits of writing this column is that it gives me time to reflect on aspects of Notre Dame Law School that are known and appreciated in South Bend and among our graduates, but are perhaps not as well known to the Indiana bench and bar.
Legal issues are often obstacles in veterans finding permanent housing.
William Conour, until recently, was one of Indiana’s most respected and powerful personal injury attorneys, his name prominent enough to grace a law school atrium. Now he faces a federal charge that could send him to prison for much of the rest of his life.
Can you carry a gun to the ballot box? With a few narrow exceptions, the answer appears to be yes. A lawsuit filed last month in St. Joseph Superior Court could clarify further whether a 2011 law that voids local firearm regulations would make efforts to keep guns out of voting precincts illegal.
The 7th Circuit Court of Appeals says DOC must fix errors; The Indiana Court of Appeals recently heard an ex post facto claim.
The Indiana General Assembly’s Criminal Code Evaluation Commission has started another round of hearings to collect data and recommendations for revising the state’s criminal statutes. A key element of this review will be an extensive study of significant sections of Title 35 by the CCEC Work Group.
The Indiana Electrical Workers Pension Trust Fund has been named as co-lead plaintiff in a lawsuit against the board of directors of retail giant Wal-Mart.>
Attorney and victim compensation expert Kenneth Feinberg will speak Tuesday at the Indiana University Robert H. McKinney School of Law in Indianapolis about efforts to compensate victims of the Indiana State Fair stage collapse that included an unsuccessful settlement offer.
The Indiana Supreme Court added no cases to its docket, according to the report on transfer action for the week ending Sept. 7.
The estate of a Lowell chef and food production expert is not entitled to interest on a refund or judgment interest that the Lake County probate court awarded, the Indiana Tax Court ruled Friday.
Indiana Court of Appeals
Timothy A. Bolin v. State of Indiana (NFP)
63A01-1202-CR-89
Criminal. Affirms order modifying sentence after a conviction of Class B felony conspiracy to manufacture methamphetamine and guilty plea to Class B felony manufacturing methamphetamine.
Dwayne Rhoiney v. State of Indiana (NFP)
49A02-1107-CR-650
Criminal/rehearing. Reaffirms original opinion upholding trial court sentence for murder, criminal confinement and carrying a handgun without a license.
Damionne M. Nichols v. State of Indiana (NFP)
02A04-1203-CR-133
Criminal. Affirms conviction and sentence for unlawful possession of a firearm by a serious violent felon, a Class B felony.
Janella Datcher v. State of Indiana (NFP)
82A01-1111-CR-506
Criminal. Affirms convictions and 35-year sentence for Class A felony child molesting and two counts of Class D felony battery.
Terrance Mitchem v. State of Indiana (NFP)
71A03-1110-PC-497
Post-conviction. Affirms denial of post-conviction relief for murder, attempted murder, three counts of attempted murder, two counts of rape and one count of criminal deviate conduct.
Lance Scott Boutte v. State of Indiana (NFP)
02A05-1202-CR-91
Criminal. Affirms trial court denial of petition to file a belated notice of appeal.
Curtis B. Lay v. State of Indiana (NFP)
18A02-1111-CR-1074
Criminal. Affirms conviction of Class A felony dealing in a schedule III controlled substance.
T.A.B. v. State of Indiana (NFP)
57A03-1204-JV-154
Criminal. Affirms juvenile court order placing T.A.B. in Indiana Boys School.
Indiana Supreme Court posted no opinions at IL deadline.
An Indiana man lost his appeal of denial of Social Security disability benefits Friday at the 7th Circuit Court of Appeals.
7th Circuit Court of Appeals
Robert S. Filus v. Michael J. Astrue, Commissioner of Social Security
No. 12-1164
U.S. District Court, Northern District of Indiana, Fort Wayne Division. Magistrate Judge Roger B. Cosbey.
Civil/Social Security. Affirms denial of disability benefits, holding that substantial evidence supports the decision of the administrative law judge.
The Indiana Court of Appeals has ruled that a badly sunburned patient failed to meet the burden of res ipsa loquitur in a medical malpractice lawsuit against his dermatologist.
The three finalists to be the next justice on the Indiana Supreme Court offered advice to aspiring attorneys Thursday that included a caution about what they post on their Facebook pages and social networks.
Adoptive parents did not have to get the biological father’s consent to adopt his minor child, the Indiana Court of Appeals has ruled.
Indiana Supreme Court and Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
Deon Liggans v. State of Indiana (NFP)
49A04-1111-CR-616
Criminal. Affirms conviction of Class A misdemeanor resisting law enforcement.
Arlandas A. Anderson v. State of Indiana (NFP)
92A05-1202-CR-72
Criminal. Affirms sentence for Class C felony nonsupport of a dependent child.
Maury Dusendschon v. Review Board of the Indiana Dept. of Workforce Development and TALX UC Express (NFP)
93A02-1104-EX-525
Agency action. Affirms denial of request for unemployment insurance benefits.
Timothy L. Barnes v. State of Indiana (NFP)
10A01-1201-CR-27
Criminal. Affirms sentence for Class B felony rape.
Reginold Knox v. State of Indiana (NFP)
35A05-1201-CR-32
Criminal. Affirms sentence for Class D felony possession of marijuana.
Tami L. Duvall v. State of Indiana (NFP)
03A04-1108-CR-447
Criminal. Affirms murder conviction, but reverses and remands with instructions to vacate five of her six convictions of insurance fraud as Class C felonies and two of her three convictions of Class D felony obstruction of justice.
7th Circuit Court of Appeals
Home Federal Savings Bank v. Ticor Title Insurance Co.
11-3446
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Reverses summary judgment for Ticor Title Insurance on Home Federal Savings Bank’s attempt to have the title insurance company defend the bank on a counterclaim filed by a general contractor to recover on a mechanic’s lien. The undisputed facts show that the title insurer breached its duty to defend the bank on the claim that the mechanic’s lien had priority over or parity with the mortgage, which the bank was foreclosing. Remands for proceedings on the issue of damages.
The 7th Circuit Court of Appeals found that Ticor Title Insurance Co. breached its duty to defend Home Federal Savings Bank on a counterclaim brought by a general contractor on the failed ethanol plant in Cloverdale.
The Hamilton Superior Court properly denied a defendant’s attempt to elicit testimony concerning the reliability of toxicology test results from the Indiana Department of Toxicology dealing with an audit of tests performed by the department from 2007 to 2009, the Indiana Court of Appeals held Thursday.