Screening panel named in Public Defender search
The Indiana Supreme Court has named a five-person panel to lead the search for a new state public defender.
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Company hit with class action suits
Two class action lawsuits have been filed against an Indianapolis firm that had offered estate planning services to people. Now, the Indiana Supreme Court is considering what happens next against the company it found a year ago had engaged in the unauthorized practice of law.
Bankruptcy doesn’t eliminate judgment
The Indiana attorney general’s office doesn’t think the former East Chicago mayor hit with a $108 million racketeering judgment stemming from public corruption should be able to avoid paying back that amount by declaring bankruptcy.
Evansville Bar Association to celebrate 100th anniversary
The two-day celebration kicks off April 28 and will include a mock trial with area high school students.
New advertising rules irk some lawyers
Bloomington attorney Ken Nunn says he hasn’t been hurt by new attorney advertising rules put in place at the start of the year, but he’s hearing more disturbing stories from people who are feeling the effects.
Indiana Senate honors state’s oldest former legislator
Teacher, lawyer, businessman, farmer, statesman – Elmer Hoehn has held many titles in his life.
Lawmakers resume debate on issues impacting state courts
Both federal and state lawmakers seem to be letting the clock tick down to the final seconds.
Attorneys discuss pros and cons of practicing in 2 states
Attorneys in Indiana know that they must meet certain ongoing requirements to maintain their law licenses: CLE hours, and staying abreast of procedural changes. Why, then, would anyone want to be licensed in two states?
Opinions April 11, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Sheila Rudolph, et al. v. Roberta L. Ross, et al. (NFP)
49A02-1007-PL-754
Civil plenary. Affirms partial summary judgment for the Law Group of Ross and Brunner, and attorneys Roberta Ross and Darrolyn Ross in Rudolph and others suit alleging the attorneys improperly retained more than their share as compensation for legal services.
Jesse B. Scarsbrook v. State of Indiana (NFP)
49A02-1009-CR-1109
Criminal. Affirms revocation of placement in community corrections.
James A. Watson v. State of Indiana (NFP)
20A03-1005-CR-297
Criminal. Reverses calculation of credit for the time Watson served prior to the revocation of his probation and remands with instructions.
Think Tank Software Dev., et al. v. Chester, Inc., et al. (NFP)
64A03-1003-PL-172
Civil plenary. Reverses summary judgment on the basis that the covenant not to compete was overbroad, on the propriety of the confidentiality clause, and on the tortious interference with a contract issue. Affirms summary judgment on the other remaining issues. Remands for further proceedings consistent with the opinion.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court had granted four transfers and denied 33 for the week ending April 8.
Opinions April 11, 2011
Indiana Court of Appeals
Randall Woodruff, trustee, U.S. Bankruptcy Court, on behalf of Legacy Healthcare Inc. v. Indiana Family & Social Services Administration, Office of Medicaid Policy and Planning
29A02-1002-PL-220
Civil plenary. Reverses summary judgment in favor of the Family and Social Services Administration on New Horizon Development Center’s $4 million quantum meruit claim. Once a provider with a long-term care facility has been voluntarily or involuntarily terminated, FSSA, as the state Medicaid agency, has the primary responsibility for relocating the Medicaid patients and for ensuring their safe and orderly transfer from the old facility.
State responsible for costs in relocating Medicaid patients
Indiana Family and Social Services must reimburse an Arcadia, Ind., long-term care facility for the costs the facility paid in caring for Medicaid patients after FSSA ended its provider agreement based on the conditions at the facility, the Indiana Court of Appeals ruled Monday.
Justices accept 4 cases
The Indiana Supreme Court has taken four cases, including one that deals with an insurance dispute over cleanup costs.
Pilot project uses secure network for foreclosure settlement agreements
The Indiana Supreme Court announced Monday a new program that allows parties in mortgage foreclosure settlement cases to exchange financial documents over a secure online network.
US Attorney fined for speeding
Joseph Hogsett, the U.S. Attorney for the Southern District of Indiana, received a ticket for speeding in Owen County. Hogsett was driving 10 miles over the posted speed limit on State Road 46 when he was stopped and cited for speeding.
Opinions April 8, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Gerald W. Sandefur v. State of Indiana
71A05-1009-CR-605
Criminal. Affirms convictions of Class A misdemeanor invasion of privacy and Class D felony battery and remands with instructions to vacate the conviction and sentence for Class A misdemeanor battery. The arresting officer’s testimony fit the excited utterance exception to the hearsay rule, there is sufficient circumstantial evidence to convict Sandefur of battery, but he can’t be convicted of both the misdemeanor and felony on double jeopardy grounds.
Dana Birdin v. Barbara Blakemore (NFP)
49A02-1007-EU-833
Estate unsupervised. Affirms judgment against Birdin in the amount of $9,450 on a conversion claim and more than $75,000 on a replevin claim and order that Birdin pay Blakemore’s attorney fees.
Mark Gregory v. State of Indiana (NFP)
48A02-1009-CR-984
Criminal. Affirms revocation of probation and order Gregory serve his remaining term of approximately 65 years in prison.
Joseph Dixon v. State of Indiana (NFP)
49A04-1008-CR-488
Criminal. Affirms sentence following guilty plea to three counts of Class B felony burglary and one count of Class C felony burglary.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions April 8, 2011
Indiana Court of Appeals
Samuel D. Raisor, et al. v. Edward O. Carter, et al.
49A05-1010-CT-629
Civil tort. Reverses summary judgment for Jimmie’s Raceway Pub, in which the trial court found the Raisors’ action was barred by the two-year statute of limitations for personal injury actions and the amended complaint couldn’t relate back to the original filing date because Jimmie’s received notice of the action after the expiration of the 120-day period allowed under Ind. Trial Rule 15(C).
Government shutdown would have little impact on federal legal system
Even if the U.S. Congress fails to pass a short-term budget measure and prevent a government shutdown before midnight Friday, the various arms of the Indiana federal legal community will remain operating mostly as usual – at least for the time being.
COA: personal injury action should be allowed to proceed
The Indiana Court of Appeals examined how the 120-day time limit under Indiana Trial Rule 15(C) on amending a complaint to substitute a party interacts with the two-year statute of limitations for personal injury claims, and held that the 120-day time limit can’t be allowed to operate prematurely to bar a claim when the statute of limitations is still running.
DNA expert to discuss wrongful convictions
A forensic geneticist who has worked on the exonerations of seven people will visit Indiana University April 15 to give a public lecture on how DNA is used to free people who have been wrongfully convicted and how informatics is being misused to pervert justice.
Judges divided on calculation of damages after negligence
The Indiana Court of Appeals was split in deciding whether an estate received the correct amount of damages from the Indiana Patients’ Compensation Fund. One judge believed the trial court used an incorrect approach for calculating damages because the deceased man had at least a 50 percent chance of survival before the medical negligence.