ILAS keeps eye on fundraising after successful holiday dollar campaign
Indianapolis Legal Aid Society continues to position itself to cope with a significant loss of support from its main contributor.
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Explanation as to the spirit of the law was harmless error
Although a trial court’s words to a jury about the spirit of Indiana’s criminal law was improper and an error, it was harmless and could not overturn a defendant’s sentence of life without parole.
Opinions Feb. 11, 2014 ILD
Indiana Court of Appeals
Jeff Howell v. State of Indiana (NFP)
49A02-1307-MI-634
Miscellaneous. Affirms denial of renewed motion for return of property.
Patricia A. Hampton and Joseph A. Hampton, individually as husband and wife; et al v. Metropolitan Property and Casualty Insurance Company (NFP)
02A04-1310-PL-509
Civil plenary. Affirms granting of Metropolitan Property and Casualty Insurance Co.’s motion for summary judgment.
Mayson L. St. Clair v. State of Indiana (NFP)
35A02-1307-CR-577
Criminal. Affirms robbery conviction as a Class B felony.
Stephen T. Perosky v. State of Indiana (NFP)
45A03-1307-CR-255
Criminal. Affirms convictions and nine-year aggregated sentence for disarming a law enforcement officer as a Class C felony; two counts of battery as Class D felonies; and two counts of resisting law enforcement as Class D felonies.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of N.M., A.M. and H.M., minor children, and J.M. Father, J.M. v. Indiana Department of Child Services (NFP)
48A05-1307-JT-327
Juvenile. Affirms involuntary termination of J.M.’s (father) parental rights to his children N.M., A.M. and H.M.
In the Matter of the Involuntary Termination of the Parent-Child Relationship of H.R. (Minor Child) and J.N. (Mother) and M.R. (Father) v. Indiana Department of Child Services (NFP)
38A05-1305-JT-206
Juvenile. Affirms termination of J.N.’s (mother) and M.R.’s (father) parental relationship with their minor child, H.R. Judge John Baker wrote a separate opinion, concurring with the majority but finding the termination appeared to be about punishing the parents rather than protecting the child.
Richard Boylls v. State of Indiana (NFP)
82A05-1306-CR-307
Criminal. Affirms conviction for dealing in methamphetamine as a Class B felony.
The Indiana Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana opinions by IL deadline.
Opinions Feb. 11, 2014
Indiana Supreme Court
Paul Stieler Enterprises, Inc., d/b/a Harbor Bay, et al. v. City of Evansville and Evansville Common Council; VFW Post 2953, et al. v. City of Evansville and Evansville Common Council
82S01-1306-CT-436 and 82S01-1306-PL-437
Civil. Strikes down an amended Evansville smoking ban that exempted the Aztar riverboat casino in a 3-2 decision. Chief Justice Brent Dickson and Justices Mark Massa and Steven David held that the exception violated Article 1, Section 23 of the Indiana Constitution because it conferred a privilege on the casino that wasn’t extended to similarly situated bars, taverns and clubs. Dissenting Justices Loretta Rush and Robert Rucker found the casino’s inherent characteristics of producing a large flow of revenue and attracting a mostly out-of-town clientele placed it in a distinct group from the tavern and club establishment that challenged the exemption.
Supreme Court, split 3-2, snuffs Evansville casino smoking exception
A divided Indiana Supreme Court Tuesday rejected Evansville’s amended smoking ban that exempted the former Aztar riverboat casino, now known as Tropicana Evansville.
James Dean estate sues Twitter over ‘@JamesDean’
The estate of legendary Indiana film star James Dean has sued Twitter, claiming the Internet giant permitted the unauthorized personal Twitter account @JamesDean.
Indianapolis foster children to be reminded they matter
Child Advocates, Inc., a nonprofit representing and protecting children in Marion County, will be giving away hundreds of books to foster children in Indianapolis as part of the national project, “A Book of My Own.”
Hammerle on … ‘American Hustle’ leads favorites for 2014 Oscars
It’s that time of the year when Bob Hammerle makes his Oscar picks. See if you agree with his choices.
Start Page: Tips for catching up after snow days
We’re already over a month in to 2014. So far, the weather has wreaked havoc on school and work schedules. If you are like me, the list of things to accomplish has only gotten longer as a result. The solution? Use your technology tools more efficiently. Here are three concepts and related tips to help you (and me) dig out and catch up.
Bell/Gaerte: 3 things to know about withdrawing from a case
Unfortunately, there comes a time in some attorney-client relationships when breakup is inevitable. You may have tried to “work things out” with your client, but things only got worse. So what do you do?
DTCI: ‘Caring for’ family under FMLA
What happens when a family member is diagnosed with a terminal illness and begins the somber review of their bucket list, noticing that a trip to Las Vegas is still unchecked? Would taking time to accompany and care for that family member be included in the definition of caring for under the FMLA?
Lucas: Our current gun control approach is not working
While I am not arguing against a person’s right to own guns or protect himself from threat, here is the question I can not shake: When does one person’s right to own a gun trump another person’s right to return home alive? In fiercely protecting one, we are clearly not doing enough to ensure the other.
Essley: The land of (health care lien) confusion
Eric Essley writes about a few of the health care-related lien statutes often encountered and/or cited by the plaintiff’s bar and their in-house/defense counterparts when trying to settle claims.
Biomet settles hip-replacement litigation
The most serious cases from among more than 950 patients around the nation who claim they were harmed by a Warsaw company’s implanted hip-replacement devices will share in a settlement expected to exceed $100 million, according to an attorney involved in the case.
Proposed rule clears up ambiguities on release of mental health patients’ names
What the U.S. Department of Health and Human Services calls a modification to rules protecting patient privacy has sparked similar outcries from groups that might normally find themselves opposing each other. The National Alliance on Mental Illness and the Gun Owners of America both have come out against a proposed rule change to the Health Insurance Portability and Accountability Act that would allow health care entities to release the names of some mental health patients to the national firearm background check system.
ABA task force advises review of law school costs
In its year and a half examination of how lawyers are educated, the American Bar Association Task Force on the Future of Legal Education concluded the financial system law schools have developed to provide that education must be re-engineered.
Why I love the law
In honor of Valentine’s Day, we asked Indiana Lawyer readers to tell us why they love the law. The responses contain a common theme – people – whether it’s working with talented colleagues, teaching others about the law or helping people navigate through the legal waters.
Drug court lawsuits in the works
A Clark County judge and his staff are accused of wrongful jailings, arrests and searches of drug court participants.
Indy attorney: airport site ‘cannot’ work for justice complex
Indianapolis International Airport may be officials’ preferred location for a proposed Criminal Justice Complex, but some attorneys who work in the system are critical of the idea.
New Indiana criminal code closer to implementation
Changes in the House of Representatives toughened some drug sentences and established funding mechanisms.