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Indiana Court Decisions June 28 – July 11, 2012
Read appellate court opinions from June 28 to Julyd 11, 2012.
Sidebars: Rushville restaurant offers variety of dining options, treats
Sidebars columnist Jennifer Lukemeyer reviews a summertime dining escape near the Rushville Courthouse.
Van Winkle: Decision pits mediation confidentiality against contract law
Attorney and mediator John Van Winkle discusses the difficulties that occur when mediation confidentiality provisions collide with long-established contract common law.
Lucas: The majority will ultimately do the right thing
IL editor and publisher Kelly Lucas sees the silver lining when faced with crime.
US Supreme Court: Criminal fines require jury finding
An end-of-term U.S. Supreme Court decision did far more than reduce a penalty in a federal criminal environmental judgment from $18 million to $50,000. It created a new reality for how the government will have to pursue such prosecutions in the future, experts say.
Settlement documentaries can be persuasive tool
Carolyn Dudley’s husband, Indiana State Trooper Gary Dudley, was killed six years ago when he was struck by a freight truck during a charity bike ride in Vermillion County. A short video about his life, and the event that caused his death, was critical to winning a settlement in a wrongful death case against the trucking company.
Book Review: ‘Performance on Trial: The Case for Better Entertainment’
Litigation consultant Rodney Nordstrom reviews the book: 'Performance on Trial: The Case for Better Entertainment; by Joseph Curcillo III.
Technology Untangled: Smartphone app allows discreet recording
Stephen Bour writes about an Android application from ACLU-NJ that allows people to record encounters with police.
New track-and-field chief aims to end sport’s strife
Max Siegel knows something about maneuvering through traffic on a fast track. So the former NASCAR team executive didn’t hesitate in May to take a two-year contract to be CEO of USA Track and Field, an Indianapolis-based sports governing body known for its political environment and divergent viewpoints.
2 Taft lawyers behind new ABA book
The idea for “Environmental Liability and Insurance Recovery” came to Taft Stettinius & Hollister LLP attorneys Frank Deveau and David Guevara while waiting for another environmental-themed book they worked on to be published. In fact, the liability and recovery book, which came out in May, made it out a couple months before the other. Both were published by the American Bar Association.
MCBA puts renewed focus on diversity
TaKeena Thompson, president of the Marion County Bar Association, wants lawyers to know that the MCBA is just as important today as it was when it was founded in 1925.
Law firms embrace marketing geared toward the female client
As women have claimed their place in executive and administrative offices, becoming key decision makers for small and large businesses, professional service providers have become creative in their approach to maintaining relationships with female clients.
Attorney registration portal revamped
State court officials heard the grumbling of lawyers who for the first time last year had to register, pay fees and provide contact information online. It was confusing, difficult to navigate and frustrating. Now it will be different.
Opinions July 16, 2012 ILD
7th Circuit Court of Appeals posted no Indiana opinions at IL deadline.
Indiana Supreme Court and Indiana Tax Court posted no opinions at IL deadline.
Indiana Court of Appeals
In Re: The Paternity of J.D. and D.D.; B.D. (Father) v. C.H. (Mother) (NFP)
76A04-1111-JP-580
Juvenile/paternity. Reverses and remands, holding that the trial court abused its discretion in excluding from evidence a custody evaluation report to determine parenting time.
James W. Hamilton v. State of Indiana (NFP)
32A05-1110-CR-599
Criminal. Affirms revocation of probation.
Stephen Duane Rush v. State of Indiana (NFP)
48A02-1112-CR-1091
Criminal. Affirms trial court conviction and 149-year aggregate sentence for murder, three counts of Class A felony attempted murder, and Class C felony failure to stop after an accident resulting in injury and death.
Timothy Leon Jester v. State of Indiana (NFP)
02A05-1112-CR-701
Criminal. Reverses conviction of Class C felony operating a vehicle after a lifetime suspension, finding that the state did not prove that Jester had a lifetime suspension at the time of the offense.
Austin Brown v. State of Indiana (NFP)
28A01-1112-CR-611
Criminal. Affirms trial court convictions of two Class C felony counts of sexual misconduct with a minor.
Opinions July 16, 2012
Indiana Court of Appeals
M & M Investment Group, LLC v. Ahlemeyer Farms, Inc. and Monroe Bank
03A04-1112-CC-639
Civil collection. Affirms trial court order denying M&M’s petition for a tax deed for property of which Monroe Bank was the mortgagee, holding that the court properly denied the petition. Finds that the Indiana pre-tax-sale notice statute violates the Due Process Clause of the 14th Amendment.
Attorney staged his own shooting, authorities say
A southern Indiana attorney who reported he was shot at McCormick’s Creek State Park on June 25 staged his own shooting, authorities say.
US complaint: Plymouth reservist deprived of benefits
A U.S. Air Force reservist was illegally denied longevity pay when he returned to his job as a police officer in Plymouth, according to a federal complaint.
Appeals court affirms tax sale notice statute unconstitutional
The Indiana Court of Appeals on Monday affirmed a trial court ruling denying a petition for a tax deed after a Bartholomew County tax sale, finding that the court was correct in ruling that the state’s statutory notice violated the 14th Amendment guarantee of due process.
In-court marijuana field test ruled error, but not reversible
An appeals court panel ruled that a deputy’s in-court field test to prove a substance was marijuana should not have been allowed, but it declined to use the error as a basis to reverse a man’s misdemeanor conviction.