Articles

Judges: injuries from crash on public road not covered

The Indiana Court of Appeals has upheld a decision by the state worker’s compensation board that denied a security guard’s claim that a car accident on the way to work happened in the course of his employment and should be compensated.

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Opinions March 27, 2012 ILD

7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.

Indiana Court of Appeals
Kevin K. Cotton v. State of Indiana (NFP)
64A03-1107-CR-334
Criminal. Affirms conviction of and sentence for two counts Class C felony child molesting.

Stacy I. Cottrill v. State of Indiana (NFP)
03A01-1110-CR-471
Criminal. Affirms trial court’s revocation of probation and order that Cottrill serve her previously-suspended four-year sentence.

Cynthia J. Biddle, as Personal Rep. of the Estate of Edgar E. Biddle, Deceased v. Joseph W. Laskowski and Barbara J. Laskowski (NFP)
54A01-1105-MI-196
Miscellaneous. Affirms trial court’s order that decreased the attorney fees to be paid to the Biddle estate. On cross-appeal, holds that the trial court did not abuse its discretion when it interpreted the agreement between parties, but due to the death of Edgar Biddle, “specific performance” is no longer possible and therefore the case is remanded to the trial court for determination of a money judgment.  

Term. of Parent-Child Rel. of A.F.-M (Minor Child); A.M. (Mother) and B.S.M. (Father) v. The Indiana Dept. of Child Services (NFP)
28A05-1109-JT-497
Juvenile. Affirms termination of parental rights of mother and father.

Karyl Pogue v. Kim Rawlings and Deborah S. Rawlings (NFP)
12A02-1107-PL-654
Civil plenary. Affirms trial court’s judgment in favor of the Rawlingses on a fraud complaint.

Steffin T. McFall v. State of Indiana (NFP)
20A03-1109-CR-410
Criminal. Affirms sentence for five counts of Class A felony child molesting.  

Indiana Tax Court and Indiana Supreme Court had issued no opinions at IL deadline.
 

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Opinions March 27, 2012

Indiana Court of Appeals
Lorraine (Carpenter) Miller v. Karl Carpenter
29A02-1107-DR-663
Domestic relation. Reverses the trial court’s grant of joint legal custody to father, holding the evidence does not support modification of custody. Rejects the mother’s argument that the court made a de facto modification of physical custody, holding the court merely modified parenting time, and holds the trial court did not abuse its discretion in reducing the father’s child support obligations.

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Comment sought on bankruptcy rule

The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment concerning a proposed change to the court’s local rules.

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Federalist Society to host talk on unions

The Federalist Society for Law and Public Policy Studies, Indianapolis Lawyers Division Chapter, will host a lunchtime speaker at noon March 29 at the Conrad Indianapolis, Hong Kong Room, 50 W. Washington St.

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DTCI: Errata sheets and the deposition hallows

Certainly, a deposition can be a powerful tool. But what if the completed deposition transcript is delivered to the examining attorney along with an errata sheet that substantively alters material deposition responses?

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Legislative Round-up

The following is a snapshot of key points from bills heard in the 2012 legislative session. All enrolled acts were signed by the governor by March 20. Civil rights Senate Enrolled Act 1 specifies that a person may use reasonable force against any other person in certain circumstances. Provides that a person is justified in […]

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Justices asked to take feticide case

On March 14, the one-year anniversary of Bei Bei Shuai’s imprisonment on attempted feticide and murder charges, attorney Linda Pence notified media that Pence Hensel and attorneys from the National Advocates for Pregnant Women filed a petition on March 9 for the Indiana Supreme Court to grant transfer in the case.

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10 tips for living a happier and healthier life

It is March, so if you are like me, all of your New Year’s resolutions have been abandoned. Because I’m trying to figure out how to get back on track, I thought that you, too, might appreciate some “life improvement tips” that are relatively quick and painless. Here are my top 10 tips for living […]

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