Dinsmore sworn in as magistrate
U.S. Magistrate Judge Mark J. Dinsmore received his robe and took the official oath of office on Feb. 25 at an investiture ceremony in the Birch Bayh Federal Building in Indianapolis.
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Indianapolis bottle cap company creates global legal work
A soda or water bottle on the desk at work or a jug of juice in the refrigerator at home might be merely a refreshing drink for most people. But it’s a day at the office for Stephanie Blackman, a corporate attorney in the business of bottle caps or, as they are known in the food and beverage industry, closure systems.
Egypt program could resume mid-March
An Egypt-based program of the Indiana University School of Law – Indianapolis, in partnership with Cairo University Faculty of Law in Egypt, could resume as early as mid-March, according to an e-mail from the program’s director to Indiana Lawyer.
Change sought for 3rd murder trial
Defense attorneys for former Indiana State Police trooper David Camm have asked the state’s intermediate appellate court to accept an interlocutory appeal and decide whether a special judge should have appointed a new prosecutor to preside over the man’s third trial.
Process outlined for BLE search
A month after applications were submitted for the state Board of Law Examiner’s executive director position, the Indiana Supreme Court has announced its plan to review those applications and narrow the field.
Judicial panel promotes civic education
The Indiana Supreme Court hosted a panel discussion recently to discuss the broad topic of judicial independence, taking a lesson about how the courts operate to an Indianapolis college campus.
Chief public defender retiring after 30 years
If there had been more job prospects for English literature graduates in the early 1970s, Susan Carpenter may not have ever become Indiana’s state public defender.
Court weighs needs when timing judicial suspensions
When deciding that a judge must be suspended and determining when that time off the bench should be, decision-makers must maintain a delicate balance.
Attorney called to serve
As an attorney who was being deployed by the U.S. Navy Reserve to serve his country, there was no question that he would go. The support received from his firm for the year he was away made the experience manageable.
Prosecution raises awareness of human trafficking
When it comes to human trafficking, most people who are unfamiliar with the crime visualize one person holding another hostage and giving them limited contact with the rest of the world. Some envision a basement in a dungeon-like setting with chains or other restraining devices, say advocates for victims of human trafficking.
Disciplinary dividing line = R-E-S-P-E-C-T
Two recent rulings by the Indiana Supreme Court send a message to any attorney who might be accused of misconduct and face disciplinary proceedings.
Lawyer commits to pro bono
The aspirational pro bono goal for attorneys, set by the American Bar Association and endorsed – but not forced – by many states, is around 50 hours. Some Indiana attorneys work this into their annual budget by working with pro bono district plan administrators to accept cases when need exists and when they can easily fit them into their work schedules.
Indianapolis attorney chosen as new magistrate judge
An Indianapolis employment law attorney has been chosen as the newest U.S. magistrate judge for the Southern District of Indiana.
First impression case tackles wetlands issue
In a case of first impression, the Indiana Court of Appeals concluded that a landowner who raises the subterranean water table on his land and creates a federally regulated wetland may not invoke the common enemy doctrine of water diversion and be shielded from liability to adjoining landowners whose properties as a result become federally regulated wetlands.
Opinions Feb. 28, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Tommie L. Dye v. State of Indiana
49A02-1007-CR-741
Criminal. Reverses conviction of failure to register as a sex offender as a Class C felony. Given the fact that Dye is illiterate, was not assisted when registering, and complied with Indiana Code Section 11-8-8-12(c) by appearing in person every seven days, the evidence is insufficient to convict him of failing to register as a sex offender.
Derrick Smith v. State of Indiana
79A04-1003-CR-139
Criminal. Vacates convictions of conspiracy to commit dealing in cocaine and dealing in cocaine, which were merged. Smith did not waive his right to be tried within 70 days and the trial court erred by not dismissing the charges.
Hannah Lakes v. Grange Mutual Casualty Company
89A05-1009-CT-549
Civil tort. Reverses summary judgment for Grange Mutual. Finds Lakes is entitled to underinsured motorist coverage under her sister’s policy and that $44,900 is available to her under Grange Mutual’s coverage.
Jezrael Vaughn v. State of Indiana (NFP)
58A05-1007-CR-469
Criminal. Affirms sentence following guilty plea to Class B felony dealing in a controlled substance.
Terrence T. Miller v. State of Indiana (NFP)
09A02-1009-CR-1014
Criminal. Affirms denial of request to withdraw guilty plea to Class B felony armed robbery.
Term. of Parent-Child Rel. of K.S.; T.S. & R.D. v. IDCS (NFP)
27A02-1007-JT-816
Juvenile. Dismisses cause with prejudice because the parents failed to timely file a notice of appeal.
M.A.-G. v. J.G. (NFP)
30A05-1002-DR-230
Domestic relation. Affirms denial of M.A.-G.’s motion to relocate.
Eric Markwith v. State of Indiana (NFP)
79A02-1007-CR-756
Criminal. Affirms revocation of placement in community corrections.
Rebecca Zoborosky v. Brian Zoborosky (NFP)
46A04-1010-DR-702
Domestic relation. Affirms dissolution decree that divided the marital assets.
Khaleeq Williams v. State of Indiana (NFP)
49A05-1007-CR-415
Criminal. Affirms conviction of Class A misdemeanor carrying a handgun without a license.
Barry Johnson v. State of Indiana (NFP)
27A04-1006-CR-374
Criminal. Affirms revocation of probation.
Tyrone L. Jones v. State of Indiana (NFP)
49A02-1006-PC-687
Post conviction. Affirms denial of petition for post-conviction relief.
D.H. v. State of Indiana (NFP)
49A02-1005-JV-540
Juvenile. Affirms the true finding that D.H. committed Class C felony child molesting if committed by an adult.
Constance Phillips v. State of Indiana (NFP)
31A01-1007-CR-409
Criminal. Affirms revocation of probation and order Phillips serve part of the suspended portions of her sentences.
Merritt A. Salyer v. State of Indiana (NFP)
02A05-1006-CR-419
Criminal. Affirms convictions of Class D felony resisting law enforcement, and Class A misdemeanors resisting law enforcement and operating a vehicle on a highway while license is suspended or revoked.
The Paternity of M.C.; A.H. . Mi.C. (NFP)
30A01-1005-JP-256
Criminal. Affirms order awarding physical custody of daughter to Mi.C.
Gregory Jacob v. State of Indiana (NFP)
29A02-1004-CR-584
Criminal. Affirms convictions of Class A felony criminal deviate conduct, Class C felony intimidation, Class C felony sexual battery, and Class B felony criminal confinement. Reverses sentence and remands with instructions for the trial court to issue an order and make any other docket entries necessary to revise Jacob’s sentence for criminal confinement, as a Class B felony, to 16 years.
Gregory Sausaman v. Jennifer Hutchens (NFP)
43A03-1008-DR-421
Domestic relation. Reverses order granting Hutchens’ motion for judgment on the evidence on Sausaman’s motion for a change of custody. Remands for further proceedings.
Eric Daniels v. State of Indiana (NFP)
49A02-1005-CR-513
Criminal. Affirms revocation of probation.
Angela L. Bauer v. David B. Bauer (NFP)
22A05-1003-DR-191
Domestic relation. Affirms order denying Angela’s motion for relief from judgment pursuant to Indiana Trial Rule 60(B).
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted 4 transfers and denied 25 for the week ending Feb. 25.
Defense attorney’s arranged drug buy illegal
The Indiana Court of Appeals rejected a Bloomington attorney’s argument that his arrangement of a drug buy in an attempt to discredit a state’s witness against his client wasn’t a criminal offense because he’s “on the same legal footing” as prosecutors or police in planning controlled buys.
Opinions Feb. 28, 2011
Indiana Court of Appeals
David E. Schalk v. State of Indiana
53A01-1005-CR-210
Criminal. Affirms conviction of Class A misdemeanor attempted possession of marijuana. Schalk arranged a drug buy to try to discredit a witness against his client. An attorney is not exempt from criminal law even if his only purpose is the defense of his client.
High court takes 4 cases
The Indiana Supreme Court accepted four cases on transfer last week, including a case in which they released an opinion on the day they granted transfer.
Governor appoints 3 judges
Gov. Mitch Daniels made three judicial appointments, filling vacancies in Howard, Jay, and Wells county courts.
First Wednesdays return with immigration discussion
The American Civil Liberties Union of Indiana’s First Wednesday discussion series has returned. It kicks off March 2 with the panel discussion “Immigration: The Good, the Bad, and The Ugly.”