California says Uber drivers are employees
The California labor commissioner’s ruling that an Uber Technologies Inc. driver must be treated as an employee may have repercussions throughout the on-demand economy.
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Judge considering change of venue for man charged with killing IU student
A judge is considering whether to move the trial of a man charged with fatally beating an Indiana University student.
Opinions June 17, 2015 ILD
Indiana Court of Appeals
Mariea L. Best v. Russell C. Best (mem. dec.)
06A01-1501-DR-21
Domestic relation. Reverses $118,000 attorney fee award and remands to the dissolution court for the recalculation of the attorney fees to be paid by Mariea Best. Affirms stayed jailed sentence imposed by the court for a finding of contempt against Mariea Best.
In Re the Paternity of N.W., M.A. v. N.W. (mem. dec.)
45A03-1410-JP-376
Juvenile. Affirms order awarding legal custody and primary physical custody of child to father.
John Hernandez v. State of Indiana (mem. dec.)
49A02-1410-CR-714
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
Peter F. Bushee v. Sheriff of Johnson County, Indiana (mem. dec.)
41A01-1411-MI-486
Miscellaneous. Affirms denial of petition to be released from the Sex Offender Registry Act’s registration requirement and removed from the state’s sex offender registry.
M.B. v. State of Indiana (mem. dec.)
49A04-1410-JV-485
Juvenile. Affirms true finding of robbery and adjudication of M.B. as a delinquent.
Jonathon Gustafson v. State of Indiana (mem. dec.)
05A02-1410-CR-752
Criminal. Affirms 20-year executed sentence for convictions of three counts of Class B felony burglary.
Richard Dean Martin v. State of Indiana (mem. dec.)
10A01-1409-PC-419
Post conviction. Remands with instructions to revise Martin’s sentence on Count III of Class A felony child molesting to a 30-year term, to be served concurrently. Affirms in all other respects.
Etelvina Abrego v. State of Indiana (mem. dec.)
49A05-1411-CR-511
Criminal. Affirms conviction of Class A misdemeanor battery.
Jesse J. Barger v. State of Indiana (mem. dec.)
88A01-1501-CR-7
Criminal. Affirms denial of motion for modification of sentence.
Judge slams city with default sanction in wrongful arrest case
A federal judge threw the gavel at the city of Gary for ignoring court orders to respond to discovery in a social worker’s wrongful arrest suit against the city, Gary Community School Corp, and two Gary police officers who worked for the schools.
Opinions June 17, 2015
Indiana Supreme Court
Robert Lewis III v. State of Indiana
45S00-1312-LW-512
Life without parole. Affirms Lewis’ convictions of murder, murder in the perpetration of criminal deviate conduct, criminal deviate conduct and resisting law enforcement, but reverses the sentence of life without possibility of parole because the trial court’s sentencing order did not contain a personal conclusion that life without possibility of parole is the appropriate sentence for Lewis. Remands for a revised sentencing order.
Justices reverse life sentence based on error by judge
The Indiana Supreme Court upheld a Gary man’s convictions related to the death of a woman he met at a bar, but it reversed the sentence of life without possibility of parole because the trial court’s sentencing order lacked a personal statement from the judge that the sentence is the appropriate one for the defendant.
Court split over whether man must remain on sex offender registry
An Indiana man who committed Class A felony child molesting in 1988 will remain on the Indiana Sex Offender Registry, a divided Court of Appeals held Wednesday.
State failed to show defendant conspired to rob gas station
The Indiana Court of Appeals reversed a man’s conviction of conspiracy to commit robbery while armed with a deadly weapon because the state did not present evidence that the defendant and another man conspired ahead of time to rob a Lawrenceburg gas station.
Spring-back attorneys return to firm practice
While many corporate legal departments are expanding as matters are worked on internally, some in-house counsel are counter trend, opting to leave their posts to join law firms. Most had worked for a firm for at least a few years, often at the beginning of their careers, before moving to companies.
Judge strikes another blow against proposed Illiana Tollway
A U.S. District Court judge in Chicago ruled Tuesday that the federal government's approval of the proposed Illiana Tollway linking northern Illinois and Indiana is invalid.
Inside the Criminal Case: The duty to correct the trial court in a criminal case
Prosecutors and criminal defense lawyers need to know that there are times they are required to correct the trial court’s record.
Opinions June 16, 2015 ILD
Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: M.Y. and M.Y. (Minor Children), J.P. (Father) v. The Ind. Dept. of Child Services (mem. dec.)
45A05-1410-JT-465
Juvenile. Affirms termination of parental rights.
In the Matter of the Guardianship of M.B., Mariea L. Best v. Russell C. Best (mem. dec.)
06A01-1408-GU-355
Guardianship. Dismisses appeal of trial court order appointing Russell C. Best guardian of M.B.
Nancy Jo L. Coles v. Robert Nelson Coles, Jr. (mem. dec.)
18A02-1410-DR-767
Domestic. Affirmed in part, reversed in part, and remanded with instructions to amend the decree of dissolution to reflect that Nancy is entitled to receive spousal maintenance for an indefinite period of time.
William Clayton Jackson v. State of Indiana (mem. dec.)
82A01-1410-CR-445
Criminal. Affirms convictions of Class B felony possession of methamphetamine, Class C felony dealing in a look-alike substance and Class A misdemeanor possession of marijuana.
Antelmo Juarez v. State of Indiana (mem. dec.)
20A03-1410-PC-350
Post conviction. Affirms denial of post-conviction relief.
Justin McIntosh v. State of Indiana (mem. dec.)
49A05-1410-CR-459
Criminal. Affirms convictions of Class D felony counts of pointing a firearm and criminal recklessness.
Anthony M. Cleveland v. State of Indiana (mem. dec.)
84A01-1501-CR-26
Criminal. Affirms conviction of Class D felony battery of a child.
Michael Shanklin v. State of Indiana (mem. dec.)
49A02-1409-CR-601
Criminal. Affirms convictions of two counts of Class A felony and three counts of Class B felony dealing in cocaine or a narcotic drug.
Opinions June 16, 2015
Indiana Court of Appeals
Joan Strozewski v. James Strozewski
29A02-1412-DR-885
Domestic. Affirms on interlocutory appeal trial court denial of Joan Strozewski’s motion to transfer the case to St. Joseph County. Because Hamilton County is a preferred venue for a dissolution action, change of venue cannot be granted, and the trial court did not err in denying the motion to transfer venue.
IndyBar: Unlock Discounts with your IndyBar Membership
From solo practitioners to large firms, the pressure to cut costs in the legal profession is greater than ever. For IndyBar members, there’s an easy way to save money on everything from folders to flights from companies like Staples, Verizon and Expedia, simply through IndyBar membership.
Former St. Joseph County couple may divorce in Hamilton County
A couple married 45 years who lived in St. Joseph County until the husband moved several months ago may divorce in Hamilton County, where he moved, the Indiana Court of Appeals ruled Tuesday.
IndyBar: Nominations Now Accepted for Antoinette Dakin Leach Award
To recognize the accomplishments of female attorneys in central Indiana, the IndyBar’s Women & the Law Division presents the Antoinette Dakin Leach Award, an honor named for the first woman who gained admittance to the Indiana Bar.
State courts roll out new public information web portal
A new one-stop public state courts Internet portal allows users to search trial and appellate court cases, apply for marriage licenses, pay traffic tickets and take care of other court business.
IndyBar: Arlene Morris Named IndyBar Paralegal of the Year
The Indianapolis Bar Association is proud to recognize Arlene L. Morris of Whitham Hebenstreit & Zubek as the association’s Paralegal of the Year for 2015. Morris will be recognized for this honor at the IndyBar Paralegal Appreciation Luncheon, to be held Thursday, July 30 from noon to 1 p.m. at The Conrad Hotel.
IndyBar: Indianapolis Bar Foundation to Award $35,000 Grant
The Indianapolis Bar Foundation (IBF) is now accepting applications through July 8, 2015, for its Impact Fund Grant of at least $35,000 to be awarded in early October 2015. Application instructions and additional information can be found at indybar.org/ibf.
IndyBar: Incorrect Marion Superior Local Rule Published
The Marion Superior Court has announced that the local rule referenced in the 2015 Indiana Rules of Court Volume III- Local book published by Thomson Reuters does not contain the court’s current local rule regarding Writs of Attachment.