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Governor signs courts, judicial age bills

Gov. Mitch Daniels has signed into law changes to various courts around the state, as well as the legislation that removes age restrictions of certain judges who run for office.

Supreme Court splits on Barrett Law sewer payment case

A divided Indiana Supreme Court has ruled that the City of Indianapolis didn’t violate the constitution by refusing to grant some homeowners’ refund requests for sewer project assessments they’d paid in full when other homeowners who’d made partial installment payments had the remaining balance of assessments owed discharged.

COA reverses denial of translated version of hearing

The Indiana Court of Appeals ruled that the post-conviction court abused its discretion when it denied a woman’s request to have access to the electronic recording of her guilty plea hearing.

Opinions May 10, 2011 ILD

Indiana Court of Appeals
State of Indiana v. Charles Black
48A02-1011-CR-1384
Criminal. Reverses trial court’s discharge of Charles Black, who had been charged with drug and other offenses, stating that by agreeing to a new trial date outside the parameters of Indiana Criminal Rule 4(C), Black acquiesced to his trial being delayed and waived his right to be discharged under Criminal Rule 4(C). Remands for further proceedings.

Term. of Parent-Child Rel. of H.A. and R.H.; K.H. v. IDCS (NFP)
45A05-1008-JT-550
Juvenile termination of parental rights. Affirms termination of mother’s parental rights.

Adoption of E.F.: R.F. and S.F. v. J.N. and K.N. (NFP)
67A01-1009-AD-502
Adoption. Affirms adoption of child by guardians.

Lavonta Henry v. State of Indiana (NFP)
71A05-1009-CR-599
Criminal. Affirms sentence for four counts Class B felony burglary.

Jeffrey W. Brinkman v. Lisa A. Brinkman (NFP)
32A04-1008-DR-512
Domestic relation. Reverses order obligating Jeffrey Brinkman to pay Lisa Brinkman for the value of his retirement fund. Affirms that the trial court’s miscalculation of son’s 21st birthday was a harmless error and that the trial court did not err when it failed to modify Jeffrey’s child support obligation; the award of prejudgment interest was not an abuse of discretion.

Indiana Tax Court had posted no opinions as of IL deadline.
 

Opinions May 10, 2011

Cornelius T. Lacey, Sr. v. State of Indiana
02S05-1010-CR-601
Criminal. Affirms denial of Lacey’s motion to suppress. The police did not have to present known supporting facts and obtain an advance judicial authorization for the no-knock entry. Summarily affirms the Indiana Court of Appeals as to all other issues.

Justices rule on ‘no-knock’ warrant executions

The Indiana Constitution doesn’t require prior judicial authorization for a “no-knock” execution of a warrant when justified by exigent circumstances, the Indiana Supreme Court held Tuesday. This is the case even if those circumstances are known by police when the warrant is obtained.

IBA: Pro Bono Committee Seeks New Members

Andrew Campbell, Chair of IndyBar’s Pro Bono Standing Committee and an associate at Baker & Daniels, has announced that vacancies currently exist on the committee. Due to job transfers outside the city three vacancies have recently been created.

IBA Frontlines – 5/11/11

Bingham McHale LLP was recently honored with the WFYI Community Involvement Award, which was presented to the firm at a recent volunteer appreciation luncheon hosted by WFYI.

Hebenstreit: How Could You Not be Humbled

I don’t know about you, but when I was in law school, I read the appellate cases and was impressed with, and in awe of, the entire legal system. It was a system whose foundation rested soundly on the Constitution, but had immense flexibility in its application.

IBA: The Basics of Education Law for Lawyers

In an increasingly complex world full of legal intricacies and overlapping requirements, the sphere of Education Law has become a jungle filled with a multitude of federal and state laws, regulations, case law decisions, and executive orders. It is a practice area that requires a thorough knowledge of the law for both those representing schools and parents.

DTCI: Who needs government? Maybe we do!

When I got out of bed this morning, a Tea Party activist on the morning news was decrying government intrusion into our lives and our freedom. He seemed to be saying that our lives would be so much better without government getting in our way and getting in the way of businesses trying to make our lives better through the free market system.

Judge David Dreyer: Law is about people, emotion and all

My daughter lives in Oregon but she never calls. But the other night she did text. Of course I did not find it until later, and it simply reported in plain terms the largest historical event of her young adult life. No glee, no joy, just a simple statement about what happened in Pakistan. But I have not been able to stop thinking what made it so important to contact her parents.

Bill causes concern for civic education

As educators and legal professionals continue their struggle to make civic education a priority for students, the Indiana Legislature has passed a bill that may put more pressure on teachers to focus on test scores rather than overall student development.

Judge rejects plea for former physician

U.S. Judge Philip Simon in the Northern District of Indiana rejected a plea agreement on April 27 for former physician Mark Weinberger, who faces at least 22 criminal counts of billing insurers and patients for procedures he didn’t perform.

As boomers age, lawyers seeing new trends in estate and health care planning

Born between 1946 and 1964, baby boomers are not like generations that came before them with regard to estate-planning needs. Many of them are living longer and will be working longer – some by choice and others because the value of their retirement accounts has plunged in recent years. As they look toward their future, the boomers’ top concerns are asset protection and paying for long-term care, although each person may have a different approach about how to accomplish those goals.