Three Indiana justices decided that an attorney deserved an 18-month suspension for violating four rules of Professional Conduct, including charging an unreasonable fee. Justice Steven David didn’t participate in the case and Justice Robert Rucker believed the attorney only violated three of the rules and deserved a shorter suspension.
A Hamilton Superior judge has awarded Marsh Supermarkets Inc. a total of $19.5 million in damages in a soured sublease deal with Swiss pharmaceutical- and medical-equipment-maker Roche.
7th Circuit Court of Appeals had issued no Indiana opinions at IL deadline.
Indiana Court of Appeals
James R. Lockhart, Jr. v. Lisa (Lockhart) Guyer (NFP)
29A02-1103-DR-208
Domestic relation. Affirms trial court’s determination that quitclaim deed did not disallow wife to 45 percent of net value of property and remands to the trial court to determine wife’s share. Also remands with instructions to vacate order regarding attorney fees and to enter an order requiring the wife to repay husband overpayment of child support.
In the Matter of the Involuntary Term. of the Parent-Child Rel. of H.W. and H.S.; T.S. v. Indiana Dept. of Child Services (NFP)
48A02-1105-JT-470
Juvenile. Affirms termination of mother’s parental rights.
William Taylor v. State of Indiana (NFP)
06A04-1104-CR-272
Criminal. Affirms convictions of and sentences for two counts of Class A felony child molestation.
Gary Joe Harrison v. Bill Wilson (NFP)
46A05-1104-CR-226
Criminal. Affirms trial court’s grant of summary judgment in favor of Wilson and holds that the case was not properly before the trial court because Harrison failed to exhaust his administrative remedies through the Indiana State Prison in his efforts to receive educational credit time.
Christopher W. Hovis v. State of Indiana (NFP)
92A03-1011-CR-613
Criminal. Affirms sentence for Class C felony assisting a criminal.
Cherokee Development, Inc. v. Ohio Farmers Ins. Co. (NFP)
49A04-1106-CC-274
Collections. Affirms trial court’s grant of summary judgment in favor of Ohio Farmers Insurance Co. and denies Ohio Farmer’s request for appellate attorney fees.
James A. Mudd v. State of Indiana (NFP)
02A03-1105-CR-192
Criminal. Affirms convictions of Class A and Class C felony child molesting.
Andrew M. Royer v. State of Indiana (NFP)
20A04-1106-PC-325
Post conviction. Affirms denial of petition for post-conviction relief.
In Re: The Matter of the Term. of the Parent-Child Rel. of D.F. & R.F. and B.G. v. Indiana Dept. of Child Services (NFP)
84A01-1105-JT-308
Juvenile. Affirms termination of mother’s parental rights.
Thomas L. Kessinger v. State of Indiana (NFP)
10A01-1105-CR-240
Criminal. Dismisses appeal of sentence, as sentence has already been served.
Derrick D. Jeter, M.D. v. Medical Licensing Board of Indiana (NFP)
49A05-1101-MI-44
Miscellaneous. Reverses trial court’s dismissal of Jeter’s petition for judicial review of an order by the Medical Licensing Board of Indiana revoking his license, holding the dismissal for lack of personal jurisdiction was not warranted.
S. (M.) O. v. S.M. (NFP)
29A04-1104-DR-203
Domestic relation. Affirms trial court’s judgment ordering father to continue to provide health insurance for the parties’ children.
Great Hospitality Services, Inc. v. Karl Bauer (NFP)
64A03-1107-CT-295
Civil tort. Affirms trial court’s denial of motion to set aside default judgment in favor of Bauer on his personal injury complaint against Great Hospitality.
In Re: The Paternity of P.B.; D.B. v. M.B. (NFP)
03A01-1012-JP-653
Juvenile. On petition from both mother and father for rehearing, the appeals court stated that while it initially denied the father’s request for attorney fees, it now agrees that attorney fees should be assessed against the mother who has acted in procedural bad faith. Affirms original opinion that father’s parenting time was appropriate.
C.C. v. Review Board of the Ind. Dept. of Workforce Development and Employer (NFP)
93A02-1008-EX-1000
Civil. Affirms finding by the Indiana Department of Workforce Development Review Board that C.C. was terminated for just cause and therefore is not entitled to unemployment benefits.
Indiana Tax Court and Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Christopher A. Bryant v. State of Indiana
45A03-1101-CR-11
Criminal. Affirms convictions of and sentences for two counts of Class A felony dealing in a narcotic drug, Class A misdemeanor resisting law enforcement, Class A misdemeanor marijuana possession and Bryant’s admission that he is a habitual substance offender, holding that his extensive arrest record renders harmless any error the trial court may have made.
Hammond City Court Judge Jeffrey A. Harkin will begin serving his 60-day unpaid suspension on Dec. 27 as a result of an agreement he reached with the Indiana Commission on Judicial Qualifications and approved by the state’s highest court.
The Indiana Court of Appeals has upheld a Marion Superior judge’s decision not to dismiss charges against a man who alleged his constitutional right to a speedy trial was violated because the state didn’t bring his case to trial within a year, as required by Rule 4(C) of the Indiana Rules of Criminal Procedure.
Indiana Attorney General Greg Zoeller announced Monday that 64 of 65 claimants offered settlements in the Indiana State Fair stage collapse have accepted the offers. Checks will be issued by year-end, the AG’s office said, paying out the entire $5 million in tort claim funds the state has available by law.
A special judge in Henry County has dismissed a challenge to the New Castle mayor’s election, finding that mayor-elect Greg York is able to become the city’s top executive because he didn’t violate the state’s residency requirement by keeping two homes and splitting where he spent his time.
Following denials from a union officer, three union panels and a trial court, three former union employees successfully convinced the Indiana Court of Appeals that they are entitled to payment for their accrued vacation time. But the COA opinion was not unanimous.
The Indiana Court of Appeals affirmed the convictions of and sentence for a man on multiple drug charges, finding that the Lake Superior judge didn’t err by enhancing the man’s sentence because he is a habitual offender.
The Marion County Court Administrator’s Office has announced the renewal schedule for attorney access cards to the City-County Building.
Looking for a meaningful opportunity for pro bono service? Attorney volunteers are needed for the IndyBar Hospice Program.
Less than 24 hours ago, I knew exactly what my topic for this column was going to be.
Pro bono for families and children, leadership training for young lawyers, and legal education are all community services enriched by the charitable dollars gifted to the Indianapolis Bar Foundation.
The Judicial Excellence Political Action Committee (“JEPAC”) of the Indianapolis Bar Association will begin conducting its evaluation of 2012 candidates for Marion Superior Court at midnight Monday, January 9.
This year, why not take just a few minutes and a few dollars, and really do something special: remember a deployed American soldier.
The DTCI held its annual conference Nov. 17-18 at French Lick Resort. View photos from the event.