On the Move – Aug. 3, 2011
Read about new hires, promotions, and honors within the Indiana legal community.
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Articles
Lawyer lands winning in-house lottery job
When Andrew Klinger decided to take a job as corporate counsel for a state agency, he was essentially playing the odds like someone buying a lottery ticket.
Valparaiso professor to receive animal law award
Valparaiso University School of Law Professor Rebecca J. Huss will be given the Excellence in the Advancement of Animal Law Award at the American Bar Association’s annual meeting Aug. 6 in Toronto.
Partner pay rises despite economic recession
Partners at Indianapolis’ largest law firms are enjoying healthy pay increases despite the tough economic times.
Looking back on rulings
Looking in the rearview mirror on judicial precedent is a task that every judge on every court faces.
Workers’ comp cases question line between employer liability and employee responsibility
In June, the Superior Court of New Jersey, Appellate Division, affirmed the finding of a workers’ compensation judge who ruled that a man whose wife died of a pulmonary embolism while working from home was entitled to workers’ compensation survivor benefits. In Renner v. AT&T, No. A-2393-10T3, a doctor admitted that other factors – including obesity – may have been risk factors for developing the fatal blood clot.
Lawmakers may consider sentencing options for children waived to adult court
Within a six-month period, one Indiana county prosecutor faced two situations where he had to make one of the toughest types of decisions – whether a child should be tried in juvenile or adult court based on the brutality of a crime and age of the offender.
Grilling guru
Before attorney Mark Nicholson left for work, he placed a slab of spare ribs on his indoor slow-cooker grill. By 4 p.m., the aroma of the meat – seasoned with Nicholson’s secret “magic dust” – is so enticing that it could cause even the most diehard vegetarian to waiver.
Young lawyer and longtime friend create feature film
Indiana history buffs may remember Eugene V. Debs as the five-time Socialist candidate for president who, in 1918, represented himself in his own sedition trial, in defense of his anti-war statements. Now, two young filmmakers have added a new chapter to the life of the Terre Haute native, creating a fictional descendant – a hard-drinking grandson – who aims to become governor of Indiana.
Registration goes online
Entering the 21st century is no longer optional for Indiana lawyers. When it comes to attorney registration, paper forms are history to make way for a new web portal.
South Bend attorney pleads guilty to fraud charges
A northern Indiana attorney accused of aiding and abetting mail and wire fraud has pleaded guilty to all 13 counts listed in an information filed Monday.
Opinions Aug. 1, 2011 ILD
The Indiana Supreme Court, Court of Appeals, and Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court did not grant or deny any transfers for the week ending July 29.
Opinions Aug. 1, 2011
7th Circuit Court of Appeals
Joshua Resendez v. Wendy Knight
11-1121
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Civil. Judge Kenneth Ripple grants Resendez’s application for certificate of appealability. The application set forth a substantial showing of the denial of a constitutional right.
7th Circuit judge grants prisoner’s request for certificate of appealability
An Indiana prisoner’s request for a certificate of appealability has been granted by a 7th Circuit judge who found the man’s application set forth a substantial showing of the denial of a constitutional right.
First Wednesday event to discuss use of force by police
The American Civil Liberties Union of Indiana’s First Wednesday discussion on Aug. 3 is “POLICE: Use of Force – Crossing the Threshold.”
Allen County bar seeks nominations for Niemann Citation
The Allen County Bar Association is accepting nominations for the 2011 Niemann Citation for Excellence and Professionalism, an award established in 2004 to honor the memory of attorney Scott T. Niemann.
Attorney registration fees rise, registration goes online
Every Indiana attorney’s annual registration fees are going up $15 this year, just as everyone must begin using a new online portal to register and pay their fees by Oct. 1.
Man entitled to damages following excavation of home without notice
In reviewing a case in which an attorney appointed guardian of an adult male unilaterally decided to tear down his home without providing notice to the man, the Indiana Court of Appeals found the attorney violated the man’s due process rights and damages were necessary.
Court reverses suspension of mother’s parenting time
The Indiana Court of Appeals reversed the modification of a mother’s parenting time to end any visitation with her autistic son because the father didn’t present evidence justifying terminating the parenting time.
Opinions July 29, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Don Harley v. State of Indiana
20A03-1012-PC-630
Post conviction. Reverses denial of petition for post-conviction relief and remands for a new trial. Harley’s trial attorney was ineffective when she failed to inform the trial court that Harley’s only income consisted of Supplemental Security Income.
U.S. Bank National Association v. Ethyl R. Seeley, et al.
21A04-1102-MF-84
Mortgage foreclosure. Affirms entry of summary judgment in favor of Clarence and Pamela Davidson in the bank’s suit to foreclose on certain real property owned by them. The designated evidence establishes that the parties understood the Oct. 8, 1999, payment to be a final payment on the agreement, terminating it, which obligated Firstar to release the mortgage.
Derric Price v. Lake County Board of Elections and Registration
45A03-1103-PL-128
Civil plenary. Affirms ruling by the election board that Price was ineligible to appear on the 2011 primary ballot as a Democratic candidate for the mayor of Gary because he did not meet the one-year residency requirement. There is sufficient evidence to support that ruling.
Kenneth Kelly v. State of Indiana
30A04-1006-PC-408
Post conviction. Reverses denial of petition for post-conviction relief. The trial court erred in summarily denying Kelly’s petition as allegations by Kelly alleging ineffective trial counsel raise issues of possible merit. Remands for further proceedings.
A.T. v. State of Indiana
49A02-1012-JV-1394
Juvenile. Affirms ordering wardship of A.T. to the department of correction for murder pursuant to both indeterminate and determinate sentences. The juvenile court did not err in awarding wardship of him to the DOC under a determinate sentence pursuant to Indiana Code 31-37-19-9.
William T. Springer v. State of Indiana
92A05-1101-PC-16
Post conviction. Reverses denial of petition for post-conviction relief. Springer demonstrated at least a reasonable probability that a hypothetical reasonable defendant would have elected to go to trial if properly advised instead of plead guilty.
Term. of Parent-Child Rel. of K.S., et al.; A.S. v. I.D.C.S. (NFP)
48A04-1011-JT-731
Juvenile. Affirms termination of parental rights.
Term. of Parent-Child Rel. of H.W. & S.W.; A.W. v. I.D.C.S. (NFP)
17A04-1102-JT-57
Juvenile. Affirms termination of parental rights.
Kristina L. Phillips v. State of Indiana (NFP)
82A01-1102-CR-37
Criminal. Affirms sentence for Class D felony neglect of a dependent.
Rachel Mosco v. Ind. Family and Social Services (NFP)
43A05-1102-MI-69
Miscellaneous. Reverses dismissal of petition for judicial review.
Term. of Parent-Child Rel. of S.M.; M.M. v. I.D.C.S. (NFP)
20A03-1101-JT-3
Juvenile. Affirms termination of parental rights.
Richard Spradlin v. State of Indiana (NFP)
49A04-1012-CR-764
Criminal. Affirms conviction of Class A misdemeanor battery.
Oswaldo Quizaman v. State of Indiana (NFP)
20A05-1010-CR-712
Criminal. Affirms sentence of 40 years on each on the two counts of Class A felony dealing cocaine and one count of Class A felony dealing in methamphetamine, but reverses and remands to revise his sentences to run concurrently.
Earnest Jackson v. State of Indiana (NFP)
71A03-1012-CR-671
Criminal. Affirms conviction of Class B felony unlawful possession of a firearm by a serious violent felon.
Term. of Parent-Child Rel. of B.B.; L.B. and D.W. v. I.D.C.S. (NFP)
79A02-1012-JT-1372
Juvenile. Affirms termination of parental rights.
Term. of Parent-Child Rel. of R.P.; R.P. and M.P. v. I.D.C.S. (NFP)
20A03-1101-JT-15
Juvenile. Affirms termination of parental rights.
Billy Lee McKeehan v. State of Indiana (NFP)
84A01-1012-CR-666
Criminal. Affirms conviction of and sentence for Class B felony dealing in methamphetamine.
Stephen J. Taylor v. State of Indiana (NFP)
06A04-1009-PC-557
Post conviction. Affirms denial of petition for post-conviction relief.
David Brown v. Brandi Brown Wittmer (NFP)
64A04-1012-DR-749
Domestic relation. Affirms in part and reverses in part the final order in the dissolution of the Browns’ marriage. Remands for further proceedings.
Matthew D. Rozinski v. State of Indiana (NFP)
71A05-1010-CR-640
Criminal. Affirms convictions of Class A felony attempted murder, three counts of Class B felony criminal confinement, and Class D felonies domestic battery, strangulation, criminal recklessness, and three counts of pointing a handgun.
Richard Sullivan v. State of Indiana (NFP)
49A02-1011-CR-1195
Criminal. Affirms conviction of Class A felony child molesting.
Boyer Corp. Excavating v. Sheila Forbes (NFP)
18A02-1009-CT-1078
Civil tort. Affirms summary judgment in favor of Forbes in a suit seeking to recover an invoice for the use of the Boyer Corp.’s equipment by a laid-off employee.
Jesse J. Harris, Jr. v. State of Indiana (NFP)
34A02-1009-CR-1068
Criminal. Affirms convictions of and sentence for felony murder and two counts of Class A felony attempted murder.
Indiana Tax Court had posted no opinions at IL deadline.