DeGroote: The new social network – return to the bar
With more demands on my time, I find myself less involved in the state, local, and firm activities and social events. Apparently, I am not alone.
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Badger: Free speech over the Internet put to the test
Free expression in this country has withstood repeated assault during times of political upheaval.
Lucas: Is diversity within the judiciary important?
Editor Kelly Lucas wants to know whether the racial or gender diversity of candidates should be considered when evaluating candidates.
Ruling leads to questions about pregnant women’s rights
The Indiana Court of Appeals was asked on interlocutory appeal to determine whether the Marion Superior Court erred in denying bail for Bei Bei Shuai, a woman being held on charges of attempted feticide and murder.
Nurses-turned-attorneys have unique insight
Attorney Lorie Brown was a nurse for 12 years before becoming a lawyer. Now, she hopes to help nurses avoid some of the common mistakes that could land them in litigation.
Dollars for donors
9th Circuit Court of Appeals decision raises concerns about bone marrow donation.
Justice applicant pool reflective of Indiana
The percentage of women in the semi-finalist group to be the next state justice decreased as compared to the state’s population.
Running toward a stable life
Attorneys volunteer with a nonprofit that helps homeless people get back on their feet.
Justices take environmental, land rights appeals
The Indiana Supreme Court accepted two civil cases last week on transfer, in addition to the two-high profile appeals involving legislative fines against lawmakers and Secretary of State Charlie White.
Opinions Feb. 13, 2012 ILD
The 7th Circuit Court of Appeals, Indiana Supreme Court and Indiana Tax Court had issued no decisions at IL deadline.
Indiana Court of Appeals
Ayoade Adewopo v. State of Indiana (NFP)
41A05-1107-CR-380
Criminal. Affirms conviction of class A misdemeanor domestic battery on grounds that evidence was sufficient for the trial court to sustain the conviction.
Rashad A. Bentley v. State of Indiana (NFP)
82A04-1106-CR-288
Criminal. Affirms the 80-year aggregate sentence for defendant convicted of felony battery with a deadly weapon and criminal recklessness, finding that the trial court’s sentencing order was appropriate given the defendant’s highly dangerous nature.
Opinions Feb. 13, 2012
Indiana Court of Appeals
Bloomington Magazine, Inc. v. Mark Kiang d/b/a Mikado Restaurant, Sunbeam Corp., and Truffles 56 Degrees Incorporated
53A05-1012-SC-790
Civil. Reverses trial court’s order denying a motion to set aside judgment in favor of Mikado Restaurant Sunbeam Corp. and Truffles 56 Degrees. Finds that the trial court abused its discretion in denying a motion for the judge’s recusal and request for a special judge in light of one of the attorney’s past involvement as the judge’s 2008 election campaign chair. Remands the case for proceedings consistent with this appellate decision.
Appellate court orders hearing on judge’s impartiality
The Indiana Court of Appeals has ruled that a Monroe Circuit judge abused her discretion in denying a motion to recuse in a small claims case that involved an attorney who previously served as the judge’s election campaign committee chair.
AG’s office, state bar partner for statewide food drive
Attorney General Greg Zoeller, the Indiana State Bar Association and Feeding Indiana’s Hungry have announced details of the fourth annual March Against Hunger food drive.
Fund-matching extension increases value of gifts to lawyer loan repayment program
Any gift contributed by a lawyer to the Indiana Bar Foundation’s Richard M. Givan Loan Repayment Assistance Program this year could potentially quadruple in value, thanks to fund-matching initiatives.
Opinions Feb. 10, 2012 ILD
7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.
Indiana Court of Appeals
Westfield National Insurance Company v. Charlotte Nakoa, Warren E. Rigg, Steven L. Rigg, and Larry D. Rigg (NFP)
64A03-1108-PL-345
Civil plenary. Affirms trial court’s entry of summary judgment in favor of Nakoa, and on Nakoa’s cross-appeal holds that the trial court did not err in granting Westfield National’s motion to correct error by deducting $10,200 from the original judgment.
Gregory J. Mills v. Dean Kimbley (NFP)
49A04-1105-CT-236
Civil tort. Affirms trial court’s denial of Mills’ contempt motion. On cross-appeal from Kimbley, reverses trial court’s determination that Kimbley was not entitled to attorney fees incurred while defending against the contempt action and remands to the trial court to calculate Kimbley’s attorney fees.
Robert O. Caruthers, Jr. v. State of Indiana (NFP)
10A01-1009-CR-514
Criminal. Affirms convictions of Class B felony dealing in cocaine, Class A felony dealing in cocaine, two counts of Class D felony possession of a controlled substance and Class C felony maintaining a common nuisance.
Indiana Tax Court and Indiana Supreme Court had issued no opinions at IL deadline.
Opinions Feb. 10, 2012
Indiana Court of Appeals
Commissioner of the Indiana Dept. of Insurance v. Tim Black, as Husband and Personal Rep. of Kay Black, Deceased
64A05-1104-CT-240
Civil tort. Reverses trial court’s denial of commissioner’s motion to dismiss but agrees with Black that because additional documentation had accompanied the commissioner’s motion, it should be treated as a motion for summary judgment, pursuant to Trial Rule 56. Holds that Black did not provide sufficient evidence of an agreement and a genuine issue of material fact exists. Remands for further proceedings.
COA reverses trial court in malpractice case
The Indiana Court of Appeals has sided with the commissioner of the Indiana Department of Insurance in a medical malpractice case.
Indiana to be included in national robo-signing settlement
Indiana Attorney General Greg Zoeller announced Thursday that Indiana would be one of 49 states benefitting from the federal government's settlement with five major mortgage lending banks and servicing institutions.
Cameras in SCOTUS bill referred to full Senate
The U.S. Senate Judiciary Committee approved legislation Thursday that will allow cameras in the Supreme Court of the United States. The measure, S.1945, was approved by an 11-7 vote.