Cox: Avoid client problems by avoiding problem clients
In this column, basic tips for preventing legal malpractice claims and other risk management strategies will be explored. Here are this author’s Top Ten client screening suggestions.
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Courts tend to side with HOAs on disputes
No one disputes that Country Squire Lakes Community in Jennings County has decayed from a pleasant welcoming place to live into a mess of broken down mobile homes where there is fear of crime. They disagree if the change is radical enough to excuse homeowners from paying dues and assessments to their homeowners association.
Lucas: Make this the year to support civic education
Indiana lawyers will have a unique opportunity to participate in a civic education program that will cast a national spotlight on our state and legal community. The 2013 National High School Mock Trial Championship will be held in Indianapolis May 9 to 11.
Foreclosures surge as process slows
Indiana had one of the sharpest increases in foreclosure filings in July, according to RealtyTrac, which said they rose 83 percent compared with the prior month.
LSA leaves opinions at the door
In a world of partisan wrangling, the Legislative Services Agency has “jealously guarded” its nonpartisan nature.
Dean’s Desk: Law students benefit from alumni’s professional experience
One of the benefits of writing this column is that it gives me time to reflect on aspects of Notre Dame Law School that are known and appreciated in South Bend and among our graduates, but are perhaps not as well known to the Indiana bench and bar.
Attorneys seek to help homeless veterans
Legal issues are often obstacles in veterans finding permanent housing.
Conour’s colleagues questioned behavior
William Conour, until recently, was one of Indiana’s most respected and powerful personal injury attorneys, his name prominent enough to grace a law school atrium. Now he faces a federal charge that could send him to prison for much of the rest of his life.
Lawsuits test gun restrictions at polling places, local regulations
Can you carry a gun to the ballot box? With a few narrow exceptions, the answer appears to be yes. A lawsuit filed last month in St. Joseph Superior Court could clarify further whether a 2011 law that voids local firearm regulations would make efforts to keep guns out of voting precincts illegal.
Sex offender registry listings subject of court appeals
The 7th Circuit Court of Appeals says DOC must fix errors; The Indiana Court of Appeals recently heard an ex post facto claim.
CCEC Work Group proposes sweeping revision to the Indiana Criminal Code
The Indiana General Assembly’s Criminal Code Evaluation Commission has started another round of hearings to collect data and recommendations for revising the state’s criminal statutes. A key element of this review will be an extensive study of significant sections of Title 35 by the CCEC Work Group.
Indiana pension fund attorneys to serve as lead co-counsel in Wal-Mart bribery suit
The Indiana Electrical Workers Pension Trust Fund has been named as co-lead plaintiff in a lawsuit against the board of directors of retail giant Wal-Mart.>
Sept. 11, State Fair compensation expert Feinberg to speak
Attorney and victim compensation expert Kenneth Feinberg will speak Tuesday at the Indiana University Robert H. McKinney School of Law in Indianapolis about efforts to compensate victims of the Indiana State Fair stage collapse that included an unsuccessful settlement offer.
Justices deny transfer on 13 cases
The Indiana Supreme Court added no cases to its docket, according to the report on transfer action for the week ending Sept. 7.
In reversal, tax court says estate not entitled to interest on refund, judgment
The estate of a Lowell chef and food production expert is not entitled to interest on a refund or judgment interest that the Lake County probate court awarded, the Indiana Tax Court ruled Friday.
Opinions Sept. 7, 2012 ILD
Indiana Court of Appeals
Timothy A. Bolin v. State of Indiana (NFP)
63A01-1202-CR-89
Criminal. Affirms order modifying sentence after a conviction of Class B felony conspiracy to manufacture methamphetamine and guilty plea to Class B felony manufacturing methamphetamine.
Dwayne Rhoiney v. State of Indiana (NFP)
49A02-1107-CR-650
Criminal/rehearing. Reaffirms original opinion upholding trial court sentence for murder, criminal confinement and carrying a handgun without a license.
Damionne M. Nichols v. State of Indiana (NFP)
02A04-1203-CR-133
Criminal. Affirms conviction and sentence for unlawful possession of a firearm by a serious violent felon, a Class B felony.
Janella Datcher v. State of Indiana (NFP)
82A01-1111-CR-506
Criminal. Affirms convictions and 35-year sentence for Class A felony child molesting and two counts of Class D felony battery.
Terrance Mitchem v. State of Indiana (NFP)
71A03-1110-PC-497
Post-conviction. Affirms denial of post-conviction relief for murder, attempted murder, three counts of attempted murder, two counts of rape and one count of criminal deviate conduct.
Lance Scott Boutte v. State of Indiana (NFP)
02A05-1202-CR-91
Criminal. Affirms trial court denial of petition to file a belated notice of appeal.
Curtis B. Lay v. State of Indiana (NFP)
18A02-1111-CR-1074
Criminal. Affirms conviction of Class A felony dealing in a schedule III controlled substance.
T.A.B. v. State of Indiana (NFP)
57A03-1204-JV-154
Criminal. Affirms juvenile court order placing T.A.B. in Indiana Boys School.
Indiana Supreme Court posted no opinions at IL deadline.
7th Circuit rejects disability appeal
An Indiana man lost his appeal of denial of Social Security disability benefits Friday at the 7th Circuit Court of Appeals.
Opinions Sept. 7, 2012
7th Circuit Court of Appeals
Robert S. Filus v. Michael J. Astrue, Commissioner of Social Security
No. 12-1164
U.S. District Court, Northern District of Indiana, Fort Wayne Division. Magistrate Judge Roger B. Cosbey.
Civil/Social Security. Affirms denial of disability benefits, holding that substantial evidence supports the decision of the administrative law judge.
Sunburned man gets no relief
The Indiana Court of Appeals has ruled that a badly sunburned patient failed to meet the burden of res ipsa loquitur in a medical malpractice lawsuit against his dermatologist.
Justice finalists to students: Be careful on Facebook
The three finalists to be the next justice on the Indiana Supreme Court offered advice to aspiring attorneys Thursday that included a caution about what they post on their Facebook pages and social networks.