COA finds mechanic’s lien statute requires only substantial compliance
The homeowner’s lawyer seeks rehearing, arguing that differing names between the pre-lien and mechanic’s lien makes the lien invalid.
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Conour’s 10-year sentence disappoints victims
Judge says the former attorney’s theft of nearly $7 million from clients casts a shadow over the legal profession.
South Bend nudity case goes from Supreme Court to the stage
Following the completion of arguments before the Supreme Court of the United States, Indiana attorney Wayne Uhl found himself in a gaggle of reporters on the outside plaza. The 1991 case with its questions about nude dancing, pasties, G-strings and First Amendment rights had, not surprisingly, attracted national media interest.
Marion County, Simon tangle over valuation of Indianapolis malls
Arguments in two cases before the Indiana Tax Court in recent weeks featured wildly divergent views of the valuation of two Indianapolis shopping malls that have seen better days.
Dickson: Trial courts face ‘crisis’ of unrepresented litigants
About three in five litigants appearing in Indiana’s civil trial courts are doing it themselves, according to data compiled from statewide case filings this summer.
State bar approves pro bono reporting requirement
Proponents say the change will encourage volunteerism to meet legal needs of those who cannot afford attorneys.
Faith in practice
Red Mass reinforces the value of respect, civility and community in the legal profession.
Opinions Oct. 21, 2013 ILD
The Indiana Supreme Court, Court of Appeals and Tax Court issued no opinions prior to IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions prior to IL deadline.
Defense firm appeals $277M verdict for Humvee maker
A defense contractor is appealing an Indiana judge’s order that it pay $277 million to the Mishawaka-based manufacturer of Army Humvee military vehicles. The contractor overcharged for armor kits to retrofit the vehicles during the bloodiest days of the Iraq war, the judge ruled.
Jurists to judge Wabash moot court
Indiana Justice Steven David and U.S. District Court Magistrate Judge Debra McVicker Lynch will serve as judges in the finals of the 20th Wabash College Moot Court Competition on Oct. 29, the college and the Indianapolis Association of Wabash men announced Monday.
Marion Superior judge faces week-long disciplinary case
A week-long hearing has been set in the disciplinary case against a Marion Superior judge who now faces 47 counts alleging she violated Rules of Judicial Conduct.
McKinney professor emeritus Harold Greenberg dies
Indiana University Robert H. McKinney School of Law professor emeritus Harold Greenberg died Tuesday. Family funeral services were to take place Friday, and a memorial celebration is being scheduled.
Opinions Oct. 18, 2013 ILD
Indiana Court of Appeals
Chad Musick v. State of Indiana (NFP)
18A04-1302-PC-61
Post conviction. Affirms the denial of Musick’s post-conviction relief petition to the extent the post-conviction court found he did not receive ineffective assistance of appellate counsel. Reverses the denial with respect to the claim of ineffective assistance of trial counsel and remands for further proceedings on that claim.
Jolene G. Burtrum v. Citizens Health Center (NFP)
49A05-1305-PL-224
Civil plenary. Affirms dismissal of Burtrum’s complaint against Citizens Health Center, alleging breach of contract and seeking damages under the Wage Claim Statute.
J.M. v. State of Indiana (NFP)
52A02-1304-JV-361
Juvenile. Affirms order placing J.M. in the Indiana Department of Correction after he admitted to theft from a Burger King restaurant.
Christopher T. Taylor v. State of Indiana (NFP)
29A02-1301-PC-54
Post conviction. Affirms summary disposition regarding Taylor’s freestanding claims of error and ineffective assistance of counsel claim on the presumptive sentencing scheme. Reverses and remands denial of Taylor’s motion for an evidentiary hearing on the remaining ineffective assistance of counsel claims.
Louis O'Neal v. State of Indiana (NFP)
20A03-1302-PC-58
Post conviction. Affirms the denial of O’Neal’s motion to withdraw his post-conviction petition without prejudice.
Gregory Calvain v. State of Indiana (NFP)
41A01-1303-CR-116
Criminal. Affirms conviction of illegal consumption of an alcoholic beverage, a Class C misdemeanor.
Martin Cenfetelli v. State of Indiana (NFP)
84A01-1303-CR-118
Criminal. Affirms Cenfetelli’s 14-year sentence, $2,000 fine and five-year suspension of driver’s license for conviction of Class B felony operating a vehicle with a blood alcohol content of 0.15 or more causing death. Reverses home detention and community service as conditions of probation. Reverses and remands for further proceedings regarding the restitution order for $101,198.24.
The Indiana Supreme Court and the Indiana Tax Court did not post any opinions by IL deadline. The 7th Circuit Court of Appeals submitted no Indiana opinions by IL deadline.
State bar advances pro bono reporting requirement
Attorneys soon will be required to report the number of pro bono hours of service they provide on an annual basis under a proposal adopted Friday by the Indiana State Bar Association.
Opinions Oct. 18, 2013
Indiana Court of Appeals
Floyd Weddle v. State of Indiana
73A01-1209-CR-452
Criminal. Affirms on rehearing that convictions for possession of methamphetamine and manufacturing methamphetamine were not double jeopardy, and finding that the jury could have reasonably concluded that Weddle was in possession of methamphetamine and was in the process of manufacturing an additional amount of the drug.
Shares of dissolved corporation is matter to be handled by trial court, COA rules
A dispute between two brothers over corporate shares left from the dissolution of the family business got a rehearing by the Indiana Court of Appeals, but no reversal.
Location, location, location determines who has burden of proof
Looking at the distance in the state statute between the description of the offense and a statutory exception, the Indiana Court of Appeals ruled the defendant had the burden of proof regarding a victim’s age.
Convincing evidence, conflicting record doom search challenge
A thief who went from car to car in a hotel parking lot was being watched by a hotel employee, and the credit card and cell phone belonging to guests that police later found on the man was convincing enough that an Indiana Court of Appeals panel discarded claims that the court should have suppressed the result of a search.
On rehearing, panel rejects double-jeopardy meth conviction claim
A Shelby County man convicted of possession of methamphetamine and manufacturing was not a victim of double jeopardy, a panel of the Indiana Court of Appeals held on Friday.
Law firm challenge nets $17,500 for Alzheimer’s support
Six Indianapolis-area law firms competed in a challenge to raise awareness and funds for their firm’s teams, raising more than $17,500 for the Alzheimer’s Association’s Walk to End Alzheimer’s held Oct. 13.