Woman who allegedly plotted to kill Indiana attorney captured in Montana
Authorities have captured a Florida woman wanted on charges alleging she plotted to kill a suburban Indianapolis divorce attorney seeking money from her boyfriend.
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Report shows ‘new models’ for work-life balance in legal practice
It’s been almost 30 years since Working Mother magazine coined the term “work-life balance.” Since then, men as well as women have increasingly sought ways to practice law without the grueling hours.
Opinions June 24, 2015 ILD
The following opinions were posted after IL deadline Tuesday:
Indiana Court of Appeals
Centier Bank as Trustee of Trust Number 1865 v. Wintering, LLC (mem. dec.)
45A03-1410-MI-354
Miscellaneous. Affirms grant of tax deeds to Wintering LLC.
Shawn L. Elam v. State of Indiana (mem. dec.)
15A01-1411-CR-489
Criminal. Affirms 4-year sentence for Class D felony domestic battery with a child present and Class D felony neglect of a dependent.
Margaret Gerovac v. City of Valparaiso, Indiana, and Trinity Lutheran Church of Valparaiso (mem. dec.)
64A05-1404-PL-195
Civil plenary. Affirms summary judgment for the city and the church on Gerovac’s negligence claims.
Centier Bank as Trustee of Trust Number 1865 v. Wintering, LLC (mem. dec.)
45A03-1410-MI-354
Miscellaneous. Affirms grant of tax deeds to Wintering LLC.
Wednesday’s opinions
Indiana Court of Appeals
Joshua Brazzel v. State of Indiana (mem. dec.)
47A05-1411-PC-524
Post conviction. Affirms denial of petition for post-conviction relief.
Henry Swanigan v. Founders Insurance Company and Ronnie Watson (mem. dec.)
49A04-1408-CT-371
Civil tort. Affirms summary judgment in favor of Founders Insurance on Swanigan’s complaint for damages.
Steven B. Pollard v. State of Indiana (mem. dec.)
53A04-1411-CR-519
Criminal. Affirms revocation of placement in home detention and orders Pollard serve the balance of his sentence in the Department of Correction.
Kylie Lin Jenks v. State of Indiana (mem. dec.)
22A04-1411-CR-522
Criminal. Affirms sentence for Class B felony conspiracy to commit arson.
Opinions June 24, 2015
Indiana Supreme Court
In the Matter of: Bradley D. Hamilton
49S00-1412-DI-752
Discipline. Disbars Hamilton for abandoning his law practice and clients, stealing their money, and fleeing to Australia. Finds he violated eight rules of Professional Conduct.
Merrillville attorney disbarred for stealing funds
A northern Indiana attorney who stole trust account funds belonging to his former law partner and that partner’s clients, and embezzled hundreds of thousands of dollars from a receivership, has been disbarred by the Indiana Supreme Court.
Justices disbar attorney who abandoned practice for Australia
A Kokomo attorney who took nearly $60,000 from clients but never completed their legal matters – and later abruptly abandoned his law practice to move to Australia – has been disbarred by the Indiana Supreme Court.
COA strikes portion of Indy no-smoking ordinance
An exception contained in the city of Indianapolis’ no-smoking ordinance for satellite facilities is unconstitutional and invalid, the Indiana Court of Appeals ruled Wednesday.
ITCA does not apply to lawsuit challenging local firearm law
An Evansville man suing the city for enforcing a local law prohibiting firearms in public parks is not effectively bringing a tort claim, as the city argued in its motion on the pleadings. The Court of Appeals affirmed denial of the city’s motion, finding the claim is being brought pursuant to I.C. 35-47-11.1-5, which creates a private right of action for individuals to enforce that statute’s provisions.
7th Circuit rejects woman’s suit that credit agency violated FCRA
Finding several things “wrong” with a woman’s lawsuit against a credit reporting agency, the 7th Circuit Court of Appeals affirmed summary judgment in favor of the company on her lawsuit alleging violations of the Fair Credit Reporting Act.
Electricity used by Qdoba restaurants in food prep not taxable, court holds
The Indiana Tax Court has ruled in favor of a company that operates 19 Qdoba Mexican restaurants in Indiana on its request that electricity used to power certain equipment is not subject to Indiana sales tax.
COA senior law clerk to become court’s new administrator
Attorney Larry L. Morris will succeed Steve Lancaster as the new court administrator for the Indiana Court of Appeals, effective October 1, the court announced Wednesday. Lancaster will retire in September after 20 years with the court.
Gibson County sued over jail inmate’s death
The estate of an inmate who died in the Gibson County Jail last year has sued the county in federal court.
Clarksville Town Court reports breach of classified files
A southern Indiana court says it has notified the FBI, local police and the Indiana Supreme Court about a data breach that has exposed personal information of people involved in cases dating from 2005 and earlier.
Indianapolis house blast trial delayed for mistrial motion
A northern Indiana judge has put the trial of a man accused of rigging a deadly 2012 Indianapolis house explosion on hold so attorneys can prepare arguments on whether he should grant a mistrial because of a miscalculation of a witness who has yet to testify.
New-crime exception applies in Indiana
Tackling an issue of first impression, the Indiana Court of Appeals applied the new-crime exception under the exclusionary rule of the Fourth Amendment as well as under the Indiana Constitution.
COA split over company’s duty following propane accident
The Indiana Court of Appeals was divided Tuesday over whether a company that supplied a propane tank which was hooked up to a mobile home without the company’s permission owed a duty to a couple injured after an explosion in that home.
COA affirms father in contempt for not paying education expenses
The Indiana Court of Appeals affirmed the finding of a trial court that a daughter did not repudiate her father following a fall out over a car, so her father was required to continue paying her post-secondary educational expenses.
Inmate not entitled to revised sentence under amended statute
Although the recently amended sentence-modification statute now applies to an inmate seeking to revise his sentence, the Indiana Court of Appeals affirmed the denial of Ivan Vazquez’s petition due to untimely filing.
Opinions June 23, 2015 ILD
Indiana Court of Appeals
In re: the Estate of Robert F. Darter; Richard Darter v. Bernice T. Banks (mem. dec.)
79A05-1409-ES-453
Estate. Affirms sale of estate property.
Fritz Bernier v. State of Indiana (mem. dec.)
49A02-1410-CR-718
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct. Remands for trial court to correct Bernier’s name in the record.
One West Bank, FSB v. Jason Jarvis, Natalie Jarvis, Mortgage Electronic Registration Systems, Inc. As Nominee for American Mortgage Network, Inc., GE Money Bank, et al. (mem. dec.)
45A03-1501-MF-1
Mortgage foreclosure. Affirms $100,000 in sanctions against One West Bank.
Shepard to receive ABA John Marshall Award
Former Indiana Chief Justice Randall T. Shepard, the longest-serving chief justice in Indiana, is the recipient of the 2015 John Marshall Award, named after the longest-serving chief justice of the Supreme Court of the United States.