High court privately reprimands attorney
The Indiana Supreme Court has privately reprimanded an attorney for improperly revealing information about a former client
when socializing with friends.
Jennifer Nelson
Articles
Child must show she is born out of wedlock to inherit
Ruling on the issue for the first time, the Indiana Court of Appeals held that the plain language of Indiana Code Section
29-1-2-7 requires a child to show she is born out of wedlock for inheritance purposes.
7th Circuit reverses lower court on stun-belt issue
The 7th Circuit Court of Appeals reversed a District judge’s decision that a man convicted of murder received ineffective
assistance of counsel during his trial because his attorney didn’t object to the state making him wear a stun belt in
court.
COA concerned about some details in termination case
In affirming the involuntary termination of a mother’s parental rights, the Indiana Court of Appeals noted some troubling
details involving the case.
7th Circuit affirms sentences for bank robbing couple
The 7th Circuit Court of Appeals upheld the convictions and sentences of a boyfriend and girlfriend on bank robbery convictions,
finding the boyfriend waived his appeal of his sentence and the jury instructions were correct in the girlfriend’s trial.
Look-alike offense counts as controlled-substance offense in sentencing
A previous conviction for a “look-alike” offense constitutes a controlled-substance offense for sentencing purposes,
the 7th Circuit Court of Appeals ruled for the first time Tuesday.
Court rules on first impression FLSA issue
In denying summary judgment for either party in a dispute involving the Fair Labor Standards Act, the U.S. District judge
noted the issue appears to be one of first impression in the 7th Circuit.
COA upholds denial of motion to suppress
The Indiana Court of Appeals rejected a man’s argument that the state’s courts should recognize a privacy interest
in the subscriber information of an Internet service provider.
Attorney waits for plea agreement decision
Anderson attorney Samuel Hasler is still waiting to see if his plea agreement regarding child pornography charges will be
accepted.
Judge sues prosecutor for intimidation, retribution
A Delaware County judge is claiming that county prosecutor Mark McKinney and a former deputy prosecutor threatened and intimidated
the judge and his wife based on the judge’s ruling on how McKinney handled civil drug forfeitures.
COA: attorney’s statement binding
The Indiana Court of Appeals affirmed partial summary judgment for Noble Roman’s Inc. in-store franchisees’ claim
for constructive fraud because the franchisees’ then-attorney admitted that they were only pleading actual fraud against
the company and that admission is binding.
Federal identity theft statute includes use of deceased’s identity
A person can be convicted of aggravated identity theft under 18 U.S.C. Section 1028A for using the identity of a person who
is dead or alive, the 7th Circuit Court of Appeals ruled in an issue of first impression.
COA panels divided on attorney’s fees under AWDA
Nearly a month after an Indiana Court of Appeals panel ruled attorney’s fees aren’t recoverable under the Adult Wrongful
Death Act in a matter of first impression, another panel unanimously ruled they are recoverable.
Court upholds judgment in legal malpractice suit
The Indiana Court of Appeals affirmed summary judgment in favor of an attorney and law firm in a legal malpractice suit, although
the judges didn’t agree on the professional obligations of the firm based on its contract.
COA addresses equine statute for first time
Ruling on the state’s Equine Activity Statute for the first time, the Indiana Court of Appeals affirmed the statute
barred a woman’s claim for injuries during a horse competition.
Admittance of psychologist’s testimony requires new trial
The Indiana Court of Appeals ordered a new trial in a negligence suit due to a car accident after finding the trial court
shouldn’t have allowed a psychologist to testify the plaintiff got a brain injury as a result of the accident.
Judges split in adopted trust-beneficiaries matter
In an issue of first impression regarding the retroactivity of a 2003 amendment to the state’s trust code, the Indiana
Court of Appeals was divided on whether adopted children should have been included as beneficiaries of a trust.
Tax Court judge to retire Jan. 1
The state’s first and only judge of the Indiana Tax Court, Judge Thomas G. Fisher, announced today he is stepping down
from the bench Jan. 1, 2011.
No qualified immunity for officer in diabetic man’s claim
The 7th Circuit Court of Appeals affirmed denial of summary judgment in favor of a police officer in a diabetic man’s
claims that the officer used excessive force and injured him while removing him from a car after a diabetic episode.
Majority affirms default judgment against Sears
The Indiana Court of Appeals split today as to whether a department store was entitled to have a default judgment set aside.