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The Indiana Court of Appeals said a Tippecanoe County man has the right to a retrial on a child molestation charge because the prosecutor inappropriately vouched for the victim’s credibility and had offered to show the victim a transcript of past statements without the teenager asking for that recollection.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Uniontown Retail #36, LLC, d/b/a The Lion's Den #36 v. Board of Commissioners of Jackson County
36A01-1008-MI-434
Miscellaneous. Affirms trial court’s order granting motion for summary judgment filed by the Board of Commissioners of Jackson County and permanently enjoining Uniontown Retail, doing business as The Lion’s Den, from operating a sexually oriented business at its current location. The Lion’s Den did not satisfy its burden of demonstrating that the ordinances are constitutionally overbroad.
Patrick Jackson v. State of Indiana (NFP)
49A02-1009-CR-1031
Criminal. Affirms conviction of Class C felony battery.
A.R. v. State of Indiana (NFP)
03A04-1012-JV-786
Juvenile. Affirms adjudication finding A.R. to be delinquent.
Term. of Parent-Child Rel. of R.L.; C.L. v. I.D.C.S. (NFP)
05A02-1012-JT-1411
Juvenile. Affirms termination of mother’s parental rights.
Edward L. Weaver v. State of Indiana (NFP)
49A02-1009-CR-954
Criminal. Affirms conviction of Class B felony burglary.
Owen Cobbum, et al. v. Town of Cromwell (NFP)
57A03-1009-PL-486
Civil plenary. Affirms trial court’s judgment in favor of the Town of Cromwell.
Joshua Garrard v. State of Indiana (NFP)
55A01-1101-CR-10
Criminal. Affirms sentence for Class D felony theft.
Jason Q. Daugherty v. State of Indiana (NFP)
69A05-1011-CR-743
Criminal. Affirms conviction of and sentence for Class B felony conspiracy to manufacture methamphetamine.
Phillip Spratt v. State of Indiana (NFP)
79A02-1006-CR-667
Criminal. Vacates conviction of Class B felony possession of cocaine. Affirms convictions of two counts of Class A felony dealing in cocaine and revises sentence to two concurrent 30-year sentences.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Michael J. Gaby v. State of Indiana
79A02-1006-CR-804
Criminal. Reverses conviction of Class A felony child molesting and remands for new trial, stating the trial court erred in permitting the state to refresh the victim’s recollection by allowing her to read a previous statement she made. Holds that retrial will not violate double jeopardy grounds because sufficient evidence exists to support conviction.
The United Nations has recommended a program at Indiana University School of Law – Indianapolis for “Special Consultative Status” to the U.N., which would allow its students and faculty to engage in treaty negotiation sessions. The Program in International Human Rights Law learned of the honor on May 18.
Visit www.indybar.org for registration, and additional opportunities, information & services.
John F. Kennedy once said that “leadership and learning are indispensable to each other.” Twenty five young members of the IndyBar are living proof of that.
View photos from the IBA Appellate Practice Section Reception.
Whether you are a sole practitioner or the managing partner of one of Indy’s largest law firms, the IndyBar’s Attorneys for an Independent Bench (“AIB”) may be the best alternative to support judicial candidates in the 2012 elections for Marion Circuit and Superior Courts.
The depth of talented leaders within the Indianapolis Bar Association is well known in bar association circles around the country.
Jarrell B. (“Jerry”) Hammond, a partner at Lewis & Wager, LLP epitomizes the courteousness and character that form two of the Standards of Professionalism of the Indianapolis Bar Association.
The National Immigration Law Center, American Civil Liberties Union of Indiana, and the national ACLU Foundation Immigrants’ Rights Project filed a class action lawsuit May 25 challenging the wording of a new Indiana law designed to curb illegal immigration.
The Indiana Supreme Court won’t reconsider its 2010 decision ordering United Financial Systems Corp. to refund money for estate planning services it sold, constituting an unauthorized practice of law.
The final case in the Bridgestone/Firestone multi-district litigation has come to a close in the Southern District of Indiana, putting an end to a line of litigation that began more than a decade ago.
Clark Circuit and Superior judges have filed lawsuits against county officials over proposed budget cuts, restarting the kind of litigation that four years ago led to the Indiana Supreme Court’s urging that trial judges work with and share in the financial decision-making process rather than resorting to judicial mandates.
Many of the laws enacted during the 2011 legislative session take effect July 1.
A medical device which “presents a potential unreasonable risk of illness or injury” that cannot be alleviated by alternate means such as proper labeling, prohibitions against adulteration, performance standards, or post-market surveillance falls within Class III under the Medical Device Amendments to the Food, Drug and Cosmetic Act.
Time is money. Money makes the world go ’round. So what is so powerful that it can motivate busy lawyers to give up both? Perhaps it is the realization that with a small donation of each, they have the power to help alleviate hunger among children and families in central Indiana.
The 7th Circuit Court of Appeals recently ruled that the Northern District of Indiana was essentially creating a built-in appeal issue on ineffective assistance of counsel, and it called out a senior judge for violating a man’s Sixth Amendment right to choose his own lawyer.
Indiana attorney Chris Pearcy discusses the new law banning texting while driving in Indiana, which takes effect July 1.