Indiana legislative round-up
A snapshot of key points from bills heard in the 2012 legislative session. All enrolled acts were signed by the governor by March 20.
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Articles
Legal briefs raise copyright questions
A New York federal suit challenges publishers’ selling of attorneys’ work.
Confidentiality issues raised
St. Joseph County case creates concern about protecting callers’ identities on child abuse claims.
End of an era
Indiana Lawyer sat down with Randall T. Shepard for a Q&A before he retired from the Indiana Supreme Court March 23.
Debating the merits of mandatory seat belts on school buses
The National Highway Traffic Safety Administration reports that in larger buses, the spacing and height of the seats offer crash protection for children through “compartmentalization.” But opinions remain divided about whether compartmentalization does enough to protect students and whether school bus seat belts should be required by law.
Opinions March 26, 2012 ILD
7th Circuit Court of Appeals had issued no opinions at IL deadline.
Indiana Court of Appeals
Adrien Newson v. State of Indiana (NFP)
49A02-1103-CR-254
Criminal. Affirms conviction of and sentence for Class A felony dealing in cocaine. Reverses charges for Class C felony possession of cocaine and firearm conviction and remands to the trial court to vacate those convictions, holding they are lesser offenses included in the Class A felony charge.
Lawrence Roper v. State of Indiana (NFP)
53A02-1108-CR-808
Criminal. Affirms sentence for two counts of Class B felony dealing in cocaine.
Indiana Supreme Court and Indiana Tax court had issued no opinions at IL deadline.
SCOTUS declines to take Indiana criminal case
The Supreme Court of the United States won’t take an Indiana case asking whether a defendant’s second trial was barred by the double jeopardy clause of the Fifth Amendment, and so a state Supreme Court decision on the issue will stand.
Indiana justices deny 8 cases, plus associational standing appeal
The Indiana Supreme Court declined to take eight cases last week, and the court also reversed a prior decision to hear an electric utility’s appeal based on an associational standing question.
Court rules on parental discipline case
The Indiana Court of Appeals has held that a woman’s prior conviction for battering her daughter in a way similar to a current case is admissible pursuant to the state’s rules of evidence.
Opinions March 26, 2012
Indiana Court of Appeals
Lavern Ceaser v. State of Indiana
49A02-1106-CR-580
Criminal. Affirms trial court’s denial of Ceaser’s motion to dismiss, holding that her prior conviction for battering the same child in the same manner similar to the underlying incident was admissible under the intent and lack of accident or mistake exceptions to Indiana Evidence Rule 404(b). Further holds evidence at trial was sufficient to rebut her claim of parental privilege.
Governor: Mark Massa ‘superb choice’ for Supreme Court
On Chief Justice Randall T. Shepard’s final day as a member of the Indiana Supreme Court, Gov. Mitch Daniels named Mark S. Massa, a former state and federal prosecutor, as the state’s newest justice.
Opinions March 23, 2012 ILD
The 7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
Schwala Royal v. State of Indiana (NFP)
02A04-1108-CR-486
Criminal. Affirms Class D felony conviction of prostitution.
Athena Y. Collins v. State of Indiana (NFP)
45A03-1104-CR-168
Criminal. Reverses jury conviction of Class A felony voluntary manslaughter. Affirms in part on grounds that trial court did not err in giving a jury instruction. Remands for a new trial.
William H. Lane v. Connie S. Lane (NFP)
18A02-1107-DR-668
Divorce. Affirms trial court’s division of property in a husband and wife’s dissolution of a second marriage.
Indiana Tax Court had posted no opinions at IL deadline.
Mark Massa named Indiana Supreme Court justice
Gov. Mitch Daniels has chosen Indiana Criminal Justice Institute Director Mark S. Massa as the state’s newest Supreme Court justice.
COA: Independent contractor’s death already compensated
The Indiana Court of Appeals has determined that the estate of an independent contractor who fell off a ladder and died was properly compensated through the state workers’ compensation act, and the man’s estate cannot later claim that his injuries occurred outside the scope of employment.
Opinions March 23, 2012
Indiana Supreme Court
Troy R. Smith v. State of Indiana
35S02-1106-CR-369
Criminal. Affirms trial court’s judgment to revoke probation for Troy Smith on grounds that he failed to pay weekly child support as a condition of his probation. Justices disagreed with Smith’s appellate argument that state failed to carry its burden of proof that his failure to pay was reckless, knowing or intentional.
Justices uphold probation revocation for child support non-payment
A trial judge was correct in revoking a man’s probation based on his failure to pay weekly child support as a condition of his probation, the Indiana Supreme Court has ruled.
Divided Supreme Court orders new murder trial
Three justices have tossed out a murder conviction, ordering a new trial on the grounds that the trial judge should have given the jury the option to consider a lesser offense of reckless homicide.
Judges rule on Evansville environmental coverage case
The Indiana Court of Appeals has determined a Marion County judge properly granted summary judgment in favor of a group of insurance companies because the city of Evansville was seeking coverage for projects aimed at preventing future sewer discharges, rather than remediating past discharges, which wouldn’t be covered by the policies.