Allen County seeks to fill upcoming magistrate vacancy
The Allen Superior Court is conducting a statewide search to replace retiring Magistrate Judge Jerry Ummel. The court hopes to have the new magistrate on the bench in late April.
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Marion County small claims court bill passes Senate
A proposal that would leave the long-criticized Marion County township small claims courts intact with modest changes has cleared the Indiana Senate. The bill would raise the limit on disputes from the current $6,000 to $8,000.
COA rules lack of probable cause for warrant makes evidence inadmissible
The Indiana Court of Appeals held Wednesday that a probable cause affidavit allowing police to search the home of a man suspected of manufacturing methamphetamine did not establish a confidential informant’s credibility and lacked probable cause. The majority also concluded that the good-faith exception would not be applicable in David Cartwright’s case.
Legal aid agency chooses new leader
The Neighborhood Christian Legal Clinic has tapped an internal candidate to be the agency’s next executive director.
Inmate entitled to hearing on damages following public records request
A Marion County court should have considered a Department of Correction inmate’s claims for civil penalties and court costs against the DOC instead of dismissing the case after the DOC produced the public records the inmate sought, the Court of Appeals ruled.
COA affirms cutting off mother’s communication with daughter
The court record is replete with evidence supporting a juvenile court’s decision that a teenage girl would be better off if communication and visits with her mother were terminated, the Indiana Court of Appeals held Wednesday. The girl, in foster care, often had detrimental visits with her mother.
Judges rule counsel was not deficient, drug conviction stands
The Indiana Court of Appeals affirmed a man’s conviction of Class D felony possession of marijuana in excess of 30 grams after finding that the claims he wanted his attorney to raise at trial would not have prevailed.
South Bend council urged to stop seeking police recordings
Two of the four South Bend police officers whose telephone recordings are at the center of a police wiretapping case want city council members to end their pursuit of those recordings.
Lawyers arguing mental illness in murder conviction appeal
The Indiana Supreme Court is set to hear an appeal of the conviction of a schizophrenic man serving a life sentence in the death of his mother.
Senate to take up repeal of state construction wage law
The leader of the Indiana Senate says it will take up a Republican-led push to repeal the state law that sets wages for public construction projects.
Senate defeats proposed farming constitutional amendment
The Indiana Senate has defeated a proposal that would have added "right to farm" protections to the state's constitution.
The first 2 law schools to drop the LSAT could be just the beginning
Two law schools said this month that they would begin accepting applicants who have not taken the Law School Admissions Test, a move that may help curb weak interest and plunging enrollments in law schools across the country.
Professor says verdict highlights need for Congress to revisit terrorism law
A historic $218.5 million verdict handed down Feb. 23 against Palestinian organizations for a series of terrorist attacks that killed or injured several U.S. citizens could bring unintended consequences and should cause Congress to reexamine federal terrorism statutes, according to a prominent Indiana legal scholar.
Opinions Feb. 24, 2015 ILD
Indiana Court of Appeals
Curtis Hardaway v. State of Indiana (mem. dec.)
49A02-1404-PC-261
Post conviction. Affirms denial of post-conviction relief.
Pamela Richardson v. State of Indiana (mem. dec.)
49A04-1406-CR-244
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.
Nathan C. Cook v. State of Indiana (mem. dec.)
27A02-1403-CR-211
Criminal. Affirms aggregate 50-year sentence and convictions of Class A felonies dealing in cocaine over three grams and conspiracy to deal cocaine.
Jerrick Whitley v. State of Indiana (mem. dec.)
49A02-1406-CR-433
Criminal. Affirms in part, reverses in part and remands. Affirms Class D felony confinement conviction but vacates a Class A misdemeanor battery conviction because the trial court committed fundamental error when it failed to tender a specific unanimity instruction to the jury.
Opinions Feb. 24, 2015
Indiana Court of Appeals
Meridian North Investments LP v. Anoop Sondhi DDS, MS
49A02-1405-PL-311
Civil plenary. Affirms on interlocutory appeal denial of Meridian North’s motion for summary judgment on Sondhi’s negligence claim arising from injuries sustained after a fall caused by slipping on ice as he attempted to enter his office. While Sondhi signed a lease as an officer of a partnership, a landlord exculpatory clause in the lease contract limiting Meridian’s liability did not bind Sondhi personally from pursuing a negligence claim.
Lease doesn’t bar dentist’s slip-and-fall suit against landlord
A dentist who slipped and fell on a patch of ice outside his office may pursue a negligence and personal-injury lawsuit against his professional corporation’s landlord, the Court of Appeals affirmed Tuesday.
GOP-led Senate advances bill protecting religious objections
A proposal that supporters say would allow people with strong religious beliefs to not provide services for same-sex weddings has been approved by the Indiana Senate.
IndyBar: Measure to Alter Selection of Judges Fails in Committee
On Wednesday, Feb. 18, Indianapolis Bar Association President John C. Trimble spoke before the Indiana Senate Judiciary Committee in opposition to Senate Joint Resolution 15, a bill which would have altered the selection process for appellate and Supreme Court judges. The IndyBar is pleased to report the measure failed in committee by a 4-6 vote.
Trimble: It’s Still The Right Thing To Do…Try It!
In 1979, when I joined the Indianapolis Bar Association as a law student, my mentor, Robert F. Wagner, told me that it was my duty as a lawyer to join the bar.