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Opinions Aug. 3, 2011 ILD

Indiana Supreme Court posted no opinions at IL deadline.

Indiana Court of Appeals
T.W. v. Review Board
93A02-1011-EX-1223
Agency action. Reverses finding that T.W. was ineligible to receive unemployment benefits as a result of his failure to disclose self-employment. There is no statutory or evidentiary basis for a finding that T.W.’s failure to disclose his relationship with Professional Labor Services would disqualify him from receiving benefits, reduce his benefits, or render him ineligible for benefits or extended benefits. Remands for further proceedings.

Brian D. Hayes v. Westminster Village North, Inc.
49A02-1010-CT-1141
Civil. Reverses summary judgment for Westminster Village North in Hayes’ survivor action for negligence caused by medical malpractice and claim for wrongful death. There is a dispute of fact as to whether Dorothy Rodarmel was mentally incompetent and therefore under a legal disability and Indiana’s Journey’s Account Statute applies. Remands for further proceedings.

Dustin L. Coleman v. State of Indiana (NFP)
05A02-1012-CR-1397
Criminal. Affirms conviction of Class B felony neglect of a dependent.

John G. Young v. State of Indiana (NFP)
89A01-1011-CR-574
Criminal. Affirms conviction of and sentence for Class B felony dealing in a schedule II controlled substance.

David W. Glasgow v. State of Indiana (NFP)
34A05-1012-CR-817
Criminal. Affirms conviction of Class D felony possession of marijuana.

Thaddeus Rodriguez v. State of Indiana (NFP)
64A05-1002-CR-69
Criminal. Affirms convictions of Class B felony burglary and Class A misdemeanor resisting law enforcement.

Larry D. Nash-Aleman v. State of Indiana (NFP)
49A02-1011-CR-1183
Criminal. Affirms convictions of Class D felony strangulation, Class A misdemeanor domestic battery, and Class A misdemeanor interfering with the reporting of a crime.

Michael E. Hurst v. State of Indiana (NFP)
48A04-1010-CR-622
Criminal. Affirms sentence following guilty plea to Class D felony criminal recklessness.

Term. of Parent-Child Rel. of A.S., et al.; A.S. v. I.D.C.S. (NFP)
02A03-1012-JT-657
Juvenile. Affirms termination of parental rights.

Indiana Tax Court posted no opinions at IL deadline.
 

Opinions, Aug. 3, 2011

Indiana Court of Appeals
T.W. v. Review Board
93A02-1011-EX-1223
Agency action. Reverses finding that T.W. was ineligible to receive unemployment benefits as a result of his failure to disclose self-employment. There is no statutory or evidentiary basis for a finding that T.W.’s failure to disclose his relationship with Professional Labor Services would disqualify him from receiving benefits, reduce his benefits, or render him ineligible for benefits or extended benefits. Remands for further proceedings.

COA divided on whether ‘bully’ comments require new trial

The Indiana Court of Appeals split in affirming a man’s drunk-driving conviction, with the dissenting judge finding the prosecutor’s questions to the jury and repeated reference to the defendant as a bully at trial made a fair trial impossible.

Protective Order Pro Bono Project launches pro se clinic

The Protective Order Pro Bono Project, which provides pro bono legal assistance to indigent victims of domestic violence in Marion County to obtain and enforce protection orders, is starting a pro se clinic this month.

Indiana files appellate brief in Planned Parenthood case

The Office of the Indiana Attorney General filed its appellate brief Monday asking the 7th Circuit Court of Appeals to lift a preliminary injunction against parts of the new abortion-provider law cutting public Planned Parenthood funding.

7th Circuit enjoins limits on ‘super’ PAC contributions

A prominent Terre Haute attorney known for his work challenging campaign finance laws and regulations scored another legal victory after the 7th Circuit Court of Appeals enjoined state limits on contributions to what’s known as “super” political action committees.

IBA: New Law Restricts Access to Criminal Records

There is a misconception among even the most educated of criminal clients that arrests, charges and convictions disappear off of one’s Indiana criminal record after a passage of time. This is not the case.

Michael J. Hebenstreit: Life Rushing By

Life moments. Some may be an accomplishment (winning a big trial), a disappointment, a funeral or a seemingly insignificant event. We all have them—some good, some not so good, but they are those events that for some reason stick with us for a lifetime.

IBA: Insurance Practices in Commercial Real Estate Loans

Requesting appropriate insurance coverages and obtaining certificates of insurance verifying such coverages are in place may be one of the least understood, and thereby, among the most overlooked issues in commercial real estate loan transactions.

Opinions Aug. 2, 2011 ILD

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Brian J. Kelley, et al. v. Med-1 Solutions, LLC, et al.
49A04-1008-PL-517
Civil plenary. Affirms trial court’s entry of summary judgment in favor of Med-1 Solutions, holding that the debtors failed to present or allege sufficient facts to support a claim of fraud. Denies Med-1’s request for attorney fees due to lack of evidence that debtors acted with procedural or substantive bad faith.

Ronnie Jones v. State of Indiana (NFP)
71A05-1011-CR-740
Criminal. Affirms conviction of attempted murder and adjudication as an habitual offender.

George Lowman v. State of Indiana (NFP)
64A03-1009-CR-513
Criminal. Affirms trial court’s order of monthly payments as a condition of probation, but remands to court to correct total amount of restitution.

Debora A. Phillips v. State of Indiana (NFP)
73A01-1011-CR-598
Criminal. Affirms sentences imposed after guilty plea for three counts of dealing a schedule I, II, or III substance – all Class A felonies.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Aug. 2, 2011

Indiana Court of Appeals
Bryan Johnson v. State of Indiana
45A05-1012-CR-816
Criminal. Affirms court’s denial of motion to suppress, citing a “good faith” exception to the admissibility of a search warrant. Holds that the detective believed a court employee had taken care of all the steps necessary to properly file a search warrant. 

IBA: Trial Judges No Longer Required to Retire

I had this dream for retirement when I got elected judge: I would work until I was 68, near when I would be forced to retire by mandatory retirement (assuming the voters thought I was still doing a good job through each of my re-elections), fade off the scene to my boat on Lake Cumberland, maybe work in the winter part time as an usher or scorekeeper for the Pacers or Colts, read U.S. history books, see a musical or play every once in awhile, and generally ignore any pleas for money from my then-adult kids.

Lawyers offer legal expertise in the political arena

Lawyers venturing into politics is not a new concept. But how much influence do those office-seeking or campaign-supporting attorneys and judges have on the political process, and does it really matter if people have a law degree as part of their background?

It is never too early to network

When Karen Murphy receives a resume, the first thing she does is ask around the office to see if anyone knows the applicant. Murphy, firm administrator for Drewry Simmons Vornehm, is one of many people who say that knowing the right people – and understanding how to talk to them – can offer new lawyers an advantage in a competitive job market.

Former clerks recall a judge who gave support and kindness

The Hon. Robert H. Staton achieved many professional milestones in his lengthy career. But after his death on July 18, what people seemed to remember most about him was his enduring positive influence in their lives.

Editorial: Personal jurisdiction theories still evolving

As most litigators know, in Asahi Metal v. Superior Court of Cal., 480 U.S. 102 (1987), a plurality of the Supreme Court embraced the stream-of-commerce theory of personal jurisdiction, which generally holds that if a manufacturer or distributor has sufficient knowledge and control of its distribution system, it can be sued in a state in which its products cause injury. Since Asahi Metal, the theory has evolved somewhat in federal and state appellate courts but had not been revisited by the Supreme Court.