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Editorial: Lake Co. merit selection is back on the table
It’s at the end of House Bill 1266, and we have no idea whether the legislation has a chance at passage by the April 29 session deadline, but we had to go back and read it twice before we believed what we were seeing.
Bar Crawl – 4/27/11
Lake County Bar hosts Law Day; Indy Bar annual appellate meeting; ISBA offers solo conference.
Law School Briefs – 4/27/11
Indiana University Maurer School of Law inducts fellows; Indiana University School of Law – Indianapolis professor named Loyola law dean; Notre Dame Law school searches for director.
Legally preserving history
Real estate, property negligence, and zoning laws are often utilized to preserve, restore, or protect sites having historic significance.
Indiana court official visits Ukraine to discuss court access
The trip was a part of an ongoing effort the United States is making to help Ukraine improve its judicial independence and establish more of a democracy.
Technology Untangled: Use caution with PC speed-up software
It seems like just about everyone feels like their PC is running slowly, or it is slowing down compared to when it was new. It doesn’t really matter how fast your newest PC is, the desire for faster and smoother operation is a common thread of complaint. Software vendors are well aware of this.
Firm to offer free children’s bike helmets at PedalPalooza
Staff from Parr Richey Obremskey Frandsen & Patterson will give away one boys bicycle, one girls bicycle, and will pass out bike reflectors and 100 free children’s bicycle helmets on April 30.
Effort seeks to revive citizens’ civic interest
The message from lawyers, lawmakers, and educators is clear: Civic education is suffering, and along with it, our country. But no one seems certain how to convince people to care about civics.
Prosecutors: money doesn’t trump other factors when considering death penalty
At a time when capital punishment requests are down and some state officials are questioning the cost and overall effectiveness of seeking a death sentence, the issue of what it’s worth to go after this ultimate punishment is getting more scrutiny in Indiana and nationwide. Read more in Indiana Lawyer's in-depth look at the death penalty and the cost of justice.
Bicycling barristers
Lawyers say fitness and networking are among the perks of traveling to the office on two wheels.
Deciding on death
Putting a price tag on the cost of capital punishment isn’t easy, and so trying to answer the question about whether the death penalty is worth that cost is even more difficult. Society can mull the morals of whether the state should execute the most violent offenders. Prosecutors push to speak for those victimized by […]
Bill expands merit selection
Lawmakers consider election vs. selection of Superior county judges in Lake County.
SCOTUS denies case between Indiana agencies on 11th Amendment
The Supreme Court of the United States won’t take an Indiana case which delved into whether the 11th Amendment prohibits an independent state agency from suing a traditional state agency in federal court.
Judges address ‘public utility’ questions
In a case of first impression in this state, the Indiana Court of Appeals has determined that BP Products North America Inc.'s petroleum refinery plant in northern Indiana isn’t a public utility as defined by state statute when it acts as a sort of conduit and provides natural gas and other services such as steam and wastewater to other private companies nearby.
COA rules botched burial does not entitle relatives to award
The Indiana Court of Appeals has ruled that relatives of a woman whose burial went awry are not entitled to damages.
Opinions April 25, 2011 ILD
7th Circuit Court of Appeals
United States of America v. Marcus Curlin
10-3033
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms District Court’s decision to deny motion to suppress, without an evidentiary hearing, stating Marcus Curlin failed to identify any disputed issues of fact that affect the outcome of the motion.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Melissa Kay Sneed v. State of Indiana
16A01-1010-CR-544
Criminal. Affirms denial of motion to reduce bail. Affirms amount of bail, but reverses court’s decision to require cash-only payment of bail, ruling court abused its discretion. Remands for further proceedings.
Richard Sigo, Jr. v. Prudential Property and Casualty Insurance Co.
25A03-1008-PL-406
Civil plenary. Affirms trial court’s finding that the probative value of Richard Sigo’s criminal trial for arson and acquittal was substantially outweighed by the danger of unfair prejudice to insurer.
Anthony Price, Jr. v. State of Indiana
79A05-1007-CR-529
Criminal. Affirms convictions of and sentences for two counts of Class A felony dealing in cocaine, and Class A felony conspiracy to commit dealing in cocaine. States that the 40-year sentence is appropriate, given Price’s past felony record.
Barry T. Owens v. State of Indiana
12A04-1008-CR-522
Criminal. Affirms sentence for two counts of Class B felony dealing in cocaine and one count of Class D felony maintaining a common nuisance, stating trial court did not abuse its discretion when it failed to hold a hearing to determine ability to reimburse the Public Defender Fund at the time of initial sentencing.
Allan B. Zukerman, et al. v. Robert L. Montgomery, et al.
49A02-1006-CC-803
Civil collection. Reverses trial court’s order granting motions to enforce a mediated settlement agreement on the basis that the settlement agreement is not sufficiently definite and certain so that the intention of the parties may be ascertained. Remands for further proceedings.
Liberty Mutual Fire Insurance Co. v. Gloria D. Tussey (NFP)
45A03-1005-CT-234
Civil tort. Affirms award of $100,000 in damages for underinsured motorist benefits claim.
Jerry Williams v. State of Indiana (NFP)
49A02-1008-CR-916
Criminal. Vacates order of restitution and remands for determination of appropriate restitution amount.
Dametrick M. Gray v. State of Indiana (NFP)
02A03-1008-CR-465
Criminal. Affirms conviction of Class B felony robbery.
Eric Nevels v. State of Indiana (NFP)
79A02-1006-CR-961
Criminal. Affirms convictions of and sentences for two counts of Class A felony dealing in cocaine, Class A felony conspiracy to commit dealing in cocaine, and Class D felony maintaining a common nuisance.
Kurtis Shorter v. State of Indiana (NFP)
20A03-1010-CR-551
Criminal. Affirms sentences for Class D felony resisting law enforcement, Class A misdemeanor operating while license is suspended, and Class B misdemeanor of failure to stop after property damage accident.
Malcolm Armour v. State of Indiana (NFP)
49A02-1008-CR-879
Criminal. Reverses trial court’s denial of demand for trial setting and motion to transport defendant to Marion County Jail for purpose of trial preparation and competency evaluation. Remands for further proceedings.
Term. of Parent-Child Rel. of K.V.; P.V. v. IDCS (NFP)
64A04-1004-JT-236
Juvenile termination of parental rights. Affirms trial court’s determination that the mother freely and voluntarily relinquished her parental rights.
Calvert Byrd v. State of Indiana (NFP)
02A03-1009-CR-456
Criminal. Affirms convictions of Class A misdemeanor battery and Class A misdemeanor interference with the reporting of a crime.
Zuryzaday J. Flores v. State of Indiana (NFP)
49A04-1008-CR-485
Criminal. Affirms sentence for Class A felony criminal deviate conduct and Class B felony burglary.
Margaret Roupp, et al. v. Robert Roupp (NFP)
41A01-1007-MI-335
Miscellaneous. Reverses trial court’s denial of Family and Social Services Administration’s motion to correct error, and remands with instructions to vacate spousal support order.
Renee Wilson v. Indiana Horse Racing Commission (NFP)
49A02-1011-MI-1303
Miscellaneous. Affirms order dismissing with prejudice the petition for judicial review of a decision of the Indiana Horse Racing Commission granting Wilson only a conditional horse racing trainer’s license containing the restriction that the horses she trained be stabled in Indiana.
Marlonda Tigner v. State of Indiana (NFP)
49A02-1008-CR-906
Criminal. Affirms sentence following conviction of Class D felony theft and adjudication as an habitual offender.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions April 25, 2011
7th Circuit Court of Appeals
United States of America v. Marcus Curlin
10-3033
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Sarah Evans Barker.
Criminal. Affirms District Court’s decision to deny motion to suppress, without an evidentiary hearing, stating Marcus Curlin failed to identify any disputed issues of fact that affect the outcome of the motion.