Disciplinary Actions -3/2/12
Read who’s received a public reprimand and who has resigned from the bar.
neglect
Articles
Bankruptcy discharge pushed for school debt
Delinquent borrowers may be relieved to learn that student loan default – unlike espionage and treason – is not punishable by death. But defaulting on a student loan can have disastrous effects on a borrower’s personal credit and lead to a lifetime of financial difficulties.
Neumann: Digital treasures play a role in estate planning
Matthew Neumann writes about how Facebook and estate planning relate.
CFOs, CAFOs in the spotlight
An update on Indiana laws and legislation involving confined feeding operations and confined animal feeding operations.
Attorneys discuss ethics of energy law practice
Ethical issues faced by attorneys practicing energy law are often the result of the small number of lawyers currently in that field of law.
Terms of Art: James Strain
Wandini Riggins writes about attorney and photographer James Strain.
Disclosing environmental violations
Case involving a pork producer was first test of law enacted in 2009.
Morris: Shepard’s legacy is transparent government
Greg Morris writes about Indiana Chief Justice Randall Shepard receiving the Frank O’Bannon Sunshine Award.
Leaders beyond the office
The Indiana State Bar hopes new leadership program will encourage lawyers to take on a more active role in communities.
On watch for scams
Attorneys see a rise in the amount of fraudulent notices clients receive.
Indiana justice finalists named
Gov. Mitch Daniels will select next justice from a pool of two men, one woman.
On The Move -3/2/12
See who’s been promoted, joined an Indiana firm, and been appointed to local boards.
Indiana Court decisions – Feb. 9-22, 2012
Read for publication decisions from the 7th Circuit Court of Appeals and Indiana appellate courts from Feb. 9-22, 2012.
Opinions Feb. 27, 2012 ILD
The 7th Circuit Court of Appeals. Indiana Supreme Court and Indiana Tax Court had no opinions at IL deadline.
Indiana Court of Appeals
Timothy Jester v. State of Indiana (NFP)
02A05-1108-CR-495
Criminal. Affirms Class B misdemeanor public intoxication conviction, finding evidence was sufficient to support the conviction and the court will not reweight evidence.
N.L. v. State of Indiana (NFP)
52A02-1110-JV-1051
Juvenile. Affirms juvenile’s commitment to the Indiana Department of Correction, finding that the court did not abuse its discretion in that placement because of N.L.’s growing juvenile history, conduct while on probation and failure to participate in services offered.
David Fonseca v. State of Indiana (NFP)
49A02-1107-CR-605
Criminal. Affirms Class A misdemeanor battery conviction, finding evidence was sufficient to support the conviction.
Jennifer Howard v. State of Indiana (NFP)
49A02-1108-CR-684
Criminal. Affirms Class A misdemeanor domestic battery conviction, finding that evidence was sufficient to support her conviction and the court will not reweight evidence.
Donald C. Newlin v. State of Indiana (NFP)
32A01-1109-CR-444
Criminal. Affirms the trial court’s finding that probation revocation sentences were required to be served consecutively and that Donald C. Newlin wasn’t entitled to credit for time served in Putnam County. Appellate court also held trial court didn’t abuse its discretion in ordering Newlin to serve entire previously suspended sentence.
Opinions Feb. 27, 2012
Indiana Court of Appeals
Arc Construction Management, LLC, and Alan Muncy v. John Zelenak and Cecilia Zelenak
10A01-1106-CT-247
Civil Tort. Affirms and remands case involving a home construction lawsuit, finding that trial court didn’t err in denying summary judgment on the former homeowners’ claim of breach of implied warranty of habitability.
COA finds double jeopardy in DeLaney attacker’s case
The Indiana Court of Appeals has ruled that two convictions of a former attorney who attacked a lawyer-legislator violated Indiana’s double jeopardy clause and that one of the charges should be reduced in order to remedy the violation.
Court properly preserved home habitability claim
The Indiana Court of Appeals has found that a Clark County case can continue involving claims against a home construction company. The former homeowners allege that the company defectively built their home and that mold and water damage occurred, leading to loss of habitability.
Women’s Bench Bar Retreat to host COA
The Court of Appeals of Indiana will hear oral argument in In RE: The Paternity of K.S. at noon March 2, at Culver Cove Resort & Conference Center.
Chief justice extends retirement date to March 23
As chair of the Indiana Judicial Nominating Commission, Chief Justice Randall Shepard oversaw on Thursday the narrowing of the list of candidates vying to replace him on the Supreme Court.
Court rules on post-merger bank foreclosure rights
The Indiana Court of Appeals ruled that a federal statute provides the authority for a bank that survives after a merger to enforce the promissory note and mortgage established by a predecessor bank.