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DTCI: Recovery of workers’ comp in third-party action

An overview of the statutory rights of an employer/carrier to recover on such liens is often a good refresher as many attorneys tend to overlook this important aspect when seeking to settle their liability case.

Law School Briefs – 10/26/11

A lecture on constitutional liability at Indiana University School of Law – Indianapolis; The Indiana Supreme Court will visit the University of Notre Dame Law School.

Finding the right forum

Marion County’s small claims courts are unifying practices and ensuring litigants know their rights.

Opinions Oct. 24, 2011 ILD

7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Gerald Broude v. State of Indiana
75A03-1101-CR-37
Criminal. Affirms convictions of one count of Class A and one count of Class C felony child molesting, holding sufficient evidence exists to support the convictions and that Broude had adequate time to prepare for victim’s closed-circuit testimony. Reverses one count of Class A felony child molesting, holding that a material variance existed between the charging information and evidence presented at trial. Remands to the trial court to vacate that conviction.

Steven Nowling v. State of Indiana
31A01-1010-CR-552
Criminal. Affirms conviction of Class D felony possession of methamphetamine, holding that while a third party did not expressly consent to a search of Nowling’s room, the evidence found in that search was harmless, as it was Nowling’s testimony under oath that affirmed his possession of methamphetamine.

Isaiah Wheeler v. State of Indiana (NFP)
71A03-1103-CR-109
Criminal. Affirms conviction of Class C felony carrying a handgun without a license.

In Re: The Matter of A.G. and A.M.; A.M. v. Allen County Dept. of Child Services (NFP)
02A04-1104-JC-180
Juvenile. Affirms judgment of trial court that son was a Child in Need of Services.

Mark Williams v. State of Indiana (NFP)
49A02-1101-CR-50
Criminal. Reverses trial court’s revocation of probation.

Melvin Hall v. State of Indiana (NFP)
49A05-1104-CR-190
Criminal. Affirms convictions of Class B felony robbery and Class A misdemeanor carrying a handgun without a license.

John Shelton v. Daniel Keith Hoffman, Guardian of the Estate of Molly Dattilo (NFP)
49A05-1009-CT-606
Civil tort. Affirms trial court’s default judgment against Shelton.

Term. of Parent-Child Rel. of A.W.; T.H. and D.W. v. Indiana Dept. of Child Services (NFP)
18A02-1102-JT-161
Juvenile. Affirms termination of parental rights of mother and father.

Cecil Dowell Freeman v. State of Indiana (NFP)
42A01-1102-CR-102
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle with an alcohol concentration of at least 0.15 gram of alcohol.

Ryan Grosswiler v. State of Indiana (NFP)
27A02-1103-CR-228
Criminal. Affirms convictions of three counts of Class C felony child molesting and one count of Class A misdemeanor invasion of privacy.

Jason Hough v. State of Indiana (NFP)
38A04-1102-CR-110
Criminal. Affirms convictions of Class C felony burglary and Class D felony theft.

Sajjad Quayim Rasheed v. State of Indiana (NFP)
45A03-1103-PC-131
Post conviction. Affirms denial of petition for post-conviction relief.

Zane Padgett v. State of Indiana (NFP)
49A04-1104-PC-170
Post conviction. Affirms denial of petition for post-conviction relief.

Cynthia L. Ragsdale v. State of Indiana (NFP)
10A01-1012-CR-637
Criminal. Affirms sentence for Class D felony possession of cocaine.

Jack M. Estes II v. State of Indiana (NFP)
32A01-1010-CR-576
Criminal. Dismisses appeal, holding that according to the Indiana Supreme Court, a sanction imposed when probation is revoked does not qualify as a sentence, and that accordingly, Estes cannot appeal his sanction.

Shammy Wingo v. State of Indiana (NFP)
27A02-1103-CR-226
Criminal. Affirms jury’s determination that Wingo committed Class A misdemeanor driving while suspended, Class A misdemeanor resisting law enforcement and associated infractions.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Oct. 24, 2011

Indiana Court of Appeals
Christopher Allen Buchanan v. State of Indiana
82A01-1103-CR-139
Criminal. Affirms sentence for Class B felony child molesting, holding that trial court did not err in calculating the amount of credit time to which Buchanan was entitled and did not err in finding the age of the victim as an aggravator.

Judges interpret left turn traffic statute

Turning left from an intersection doesn’t mean you must drive into the lane closest to the center line, the Indiana Court of Appeals ruled Monday.

7th Circuit hears Planned Parenthood, JLAP appeals

The 7th Circuit Court of Appeals heard two arguments in Indiana cases Oct. 20, one about how the state’s Medicaid money goes to Planned Parenthood and a second suit involving a man who claims he was discriminated against by being referred to the Judges and Lawyers Assistance Program when applying to take the Indiana bar exam.

Opinions October 21, 2011 ILD

7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
James K. White and Wells Fargo Bank N.A. v. Susan Orth, Allen County Treasurer, and Lisbeth A. Blosser, Allen County Auditor
02A03-1101-MI-8
Miscellaneous. Affirms trial court’s decision to overrule Wells Fargo’s objection to the issuance of tax deeds, holding Allen County properly served the tax sale notices upon Wells Fargo.  

Rick Badawi and Wells Fargo Bank, N.A. v. Susan Orth, Allen County Treasurer and Lisbeth A. Blosser, Allen County Auditor
02A03-1101-MI-7
Miscellaneous. Affirms trial court’s decision to overrule Wells Fargo’s objection to the issuance of tax deeds, holding Allen County properly served the tax sale notices upon Wells Fargo. 

Marc K. Bergman v. Cynthia Bergman (NFP)
48A05-1012-DR-814
Domestic relation. Affirms trial court’s dissolution decree awarding spousal maintenance and appellate attorney fees to wife.

Michael J. Adkins v. State of Indiana (NFP)
73A04-1101-CR-62
Criminal. Affirms convictions of and sentences for Class B and Class C felony sexual misconduct with a minor.

Indiana Tax Court had posted no opinions at IL deadline.

AG holds second civil, criminal justice summits

Indiana Attorney General Greg Zoeller held his second annual Civil and Criminal Justice summits this week at Indiana University School of Law — Indianapolis, focusing on financial protections for military service members and crime lab evidence in trials.

Hendricks County online with Odyssey

The Hendricks County courts and clerk are now using the “Odyssey” case management system, which makes court information available online in 108 courts across Indiana.