Neither the trial court nor the Court of Appeals got it right in a dispute between an Evansville Presbyterian church and its former denomination when the church left over simmering disagreements on abortion and other matters of doctrine, the Indiana Supreme Court ruled in a 3-2 decision.
The family of a hotel guest who died after falling and hitting his head outside on a cold night may not proceed with a wrongful death suit against the hotel, the Court of Appeals held in a ruling Tuesday.
A former worker whose degenerating discs and spondylolisthesis caused her to no longer be able to work as a sales rep for AstraZeneca was not improperly deprived of benefits when the insurer terminated them.
The Indiana Supreme Court unanimously held that a trial court had no authority to modify a property agreement made by ex-spouses and that the ex-wife is entitled by law to refuse to waive a provision that neither party had to accept a sale that was below specified minimums.
Two Indiana justices believed that a man’s actual fraud and tortious interference with contract claims against Old National Bank should go to trial, an opposite conclusion reached by their fellow justices.
Indiana Court of Appeals
James L. Hebner v. State of Indiana (NFP)
89A04-1111-CR-605
Criminal. Affirms in part and reverses part three convictions of resisting law enforcement, one as a Class D felony and two as Class A misdemeanors.
Samuel Davis, Jr. v. State of Indiana (NFP)
57A03-1110-CR-499
Criminal. Affirms conviction of Class B felony operating while intoxicated causing death.
Zachary Daye Riffle v. State of Indiana (NFP)
71A04-1201-CR-7
Criminal. Affirms conviction of Class C felony attempted burglary.
Tommy Joe Doublin v. State of Indiana (NFP)
90A05-1110-CR-521
Criminal. Affirms conviction of Class B felony burglary and adjudication as a habitual offender.
Joshua Wotowiec v. State of Indiana (NFP)
49A05-1111-CR-609
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
Joseph Peters v. State of Indiana (NFP)
59A01-1108-CR-330
Criminal. Affirms trial court’s denial of motion to dismiss child molesting charges.
Micole Draughon v. State of Indiana (NFP)
49A02-1111-CR-995
Criminal. Affirms in part, reverses in part sentence for Class C felony criminal recklessness, remanding to the trial court to conduct a hearing on indigency and how restitution is to be paid.
Kelly Allen v. State of Indiana (NFP)
42A01-1112-CR-601
Criminal. Affirms trial court revocation of probation.
Michael Burnett v. State of Indiana (NFP)
49A02-1112-CR-1119
Criminal. Affirms trial court convictions of Class B felony burglary, Class D felony theft and adjudication as a habitual offender.
In re the Guardianship of Thora Moulton: Alison E. Clapp (O'Callaghan) v. Donald J. Evans (NFP)
64A04-1201-GU-13
Guardianship. Reverses award of attorney fees and guardianship-related fees to Evans, holding that the trial court abused its discretion by awarding fees filed too late.
David E. Arnold v. State of Indiana (NFP)
48A05-1112-CR-668
Criminal. Affirms revocation of probation.
David Smithers v. State of Indiana (NFP)
41A04-1111-PC-617
Post-conviction relief. Affirms denial of post-conviction relief.
Melissa Bruce v. State of Indiana (NFP)
46A03-1110-CR-476
Criminal. Affirms sentence for neglect of a dependent as a Class B felony.
Cynthia R. Atkinson v. Indiana Dept. of Administration (NFP)
49A04-1202-PL-81
Civil plenary. Affirms trial court denial of motion to correct error.
Indiana Tax Court posted no opinions at IL deadline.
7th Circuit Court of Appeals
Carol Aschermann v. Aetna Life Insurance Company, et al.
12-1230
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge Larry J. McKinney.
Civil. Affirms the District Court judgment in favor of the insurers, in which an insurer stopped paying a worker’s disability benefits claim, holding that the decision was not arbitrary or capricious.
The Indiana Supreme Court found a habitual-offender enhancement tacked onto the 20-year sentence of a serious violent felon was an “impermissible double enhancement.”
The Indianapolis Bar Association’s annual Diversity Job Fair recently welcomed more than 60 students to the Circle City for the opportunity to interview for potential summer employment in 2013.
I was pleased to have been invited on July 25 to provide a few remarks on behalf of the Indianapolis Bar Association on the occasion of the retirement of Indiana Court of Appeals Judge Carr L. Darden at a ceremony held in the Indiana Supreme Court.
Nominations are open for the 2012 IndyBar Professionalism Award (Attorney) and IndyBar Silver Gavel Award (Judge). Nominate a deserving legal professional by emailing [email protected] by 8 a.m. on Monday, August 6.
The Indianapolis Bar Association Board of Directors approved two resolutions related to the judicial system in Indiana at its July meeting on Friday, July 13.
Indiana University Robert H. McKinney School of Law professor George Edwards posed the question, “What would you do if a pirate were to appear as a piracy defendant in your courtroom?” to a group of Indiana judges this summer.
The 2012 DRI Annual Meeting will return to the Crescent City – New Orleans, La., – Oct. 24-28. For those of you who have had the pleasure of attending prior annual meetings in New Orleans, you will understand what a great time is in store for all attendees.
The Indiana Shorthand Reporters Association explains its concerns with a recently announced pilot project in courts involving video transcripts.
I wonder what it is really like to be a woman – or a man, for that matter – trying to balance the demands of work and family in today’s law firms. Let me know if you believe it is possible to work long hours but still have a balanced family life.
Daniel Byron, a partner at Bingham Greenebaum Doll LLP, is preparing to visit Mongolia to help improve the rights of free speech and free press. He will spend all of September in and around the capital city, Ulaanbaatar, assisting and educating defense attorneys, prosecutors, judges, journalists and other advocates about media law.
See who’s been suspended and who’s resigned from the Indiana bar.
Lawyer William F. Conour had been held in a Decatur County Jail since July 25 on a contempt of court charge until a judge on Monday ordered his release. Conour is accused of defrauding clients of $2.5 million.