Judge cautions about filing frivolous suits
A Northern District judge has warned two litigants that if they keep filing frivolous lawsuits they may be fined, sanctioned, or restricted.
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A Northern District judge has warned two litigants that if they keep filing frivolous lawsuits they may be fined, sanctioned, or restricted.
As part of the Evansville Bar Association’s activities to commemorate its 100th anniversary, which will take place as part of their Law Day celebration in April 2011, the Evansville Vanderburgh School Corporation and the EBA announced today they will collaborate on a video of the last 100 years of the legal community in southwestern Indiana.
Because of major renovations under way at the Birch Bayh Federal Courthouse in Indianapolis, the locations of judges’ chambers have changed and courtrooms have closed.
The proposed settlement filed today in the bankruptcy case involving former General Motors sites could provide nearly $25 million for cleanup of eight Indiana sites with ties to the automaker.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Keesha Johnson v. State of Indiana (NFP)
49A04-1002-CR-98
Criminal. Reverses conviction of possession of marijuana as a Class D felony.
Howard Smallwood v. State of Indiana (NFP)
71A05-1001-PC-1
Post conviction. Affirms denial of petition for post-conviction relief.
Mark A. Rode v. State of Indiana (NFP)
91A04-1005-CR-263
Criminal. Affirms conviction of Class D felony theft.
Bruce Fivecoat v. State of Indiana (NFP)
03A01-1003-CR-132
Criminal. Affirms sentence following guilty plea to two counts of Class B felony armed robbery and one count of Class B felony criminal confinement.
Adoption of K.M.A.; R.R. v. Adoptive Parents (NFP)
29A02-1003-AD-499
Adoption. Affirms adoption order granted in favor of the adoptive parents.
Antrooine A. Manning v. State of Indiana (NFP)
45A03-1002-CR-65
Criminal. Affirms convictions of and sentence for Class B felony robbery, Class D felony resisting law enforcement, and adjudication as a habitual offender.
East Valparaiso LLC v. Physicians for Women, et al. (NFP)
64A05-1004-PL-222
Civil plenary. Affirms denial of East Valparaiso’s request for injunctive relief in a dispute over a lease agreement. Remands for further proceedings consistent with the opinion regarding the parties’ remaining claims and counterclaims.
Term. of Parent-Child Rel. of A.A. and D.R.; C.A. and J.H. v. IDCS (NFP)
48A02-1003-JT-317
Juvenile. Affirms termination of parental rights.
Marlet D. Turpin v. State of Indiana (NFP)
49A02-1003-CR-285
Criminal. Affirms convictions of Class A felony and Class C felony child molesting.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
J.B. v. E.B.
34A04-1002-DR-110
Domestic relation. Reverses trial court decision to exclude son’s counseling records at a custody modification hearing. The instant case is a proceeding within the purview of Indiana Code Section 31-32-11-1 and the counselor/client privilege does not apply. Remands for further proceedings.
The Republican winner of the primary election for Indiana House of Representatives District 74 will remain on the ballot for the general election, the Indiana Court of Appeals ruled today.
The Howard Superior Court erred in finding that the counselor/client privilege prevented the admission of a son’s counseling records during a custody modification hearing, the Indiana Court of Appeals ruled today.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Carla Johnson and Michael Johnson v. State of Indiana (NFP)
49A05-0911-CR-651
Criminal. Affirms Carla’s convictions of Class B felonies neglect of a dependent and battery, and affirms Michael’s conviction of Class B felony neglect.
Term. of Parent-Child Rel. of C.H.; L.M. v. I.D.C.S. (NFP)
49A04-1003-JT-201
Juvenile. Affirms involuntary termination of parental rights.
The Matter of M.C. v. State of Indiana (NFP)
49A02-1003-JV-437
Juvenile. Affirms restitution order following M.C.’s adjudication as a delinquent child for committing what would be Class D felony theft if committed by an adult.
Robert Martin v. State of Indiana (NFP)
47A01-1005-CR-269
Criminal. Affirms conviction of Class C felony child molesting.
William D. Osborn v. State of Indiana (NFP)
27A04-0911-CR-670
Criminal. Affirms convictions of three counts of Class C felony child molesting.
Anthony Williams v. State of Indiana (NFP)
49A02-1001-PC-66
Post conviction. Affirms denial of petition for post-conviction relief.
Randal L. Pryor v. State of Indiana (NFP)
20A03-0912-PC-615
Post conviction. Affirms denial of petition for post-conviction relief.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Carla Johnson and Michael Johnson v. State of Indiana (NFP)
49A05-0911-CR-651
Criminal. Affirms Carla’s convictions of Class B felonies neglect of a dependent and battery, and affirms Michael’s conviction of Class B felony neglect.
The Indiana Supreme Court has appointed a judge who will fill a vacancy on Boone Circuit Court caused by The Hon. Steven David becoming the newest state justice. The high court appointed attorney J. Jeffrey Edens as judge pro tempore in Boone Circuit Court.
A resident of the 3Mass condo development who uses an electric wheelchair is suing the developers for failing to provide handicap accessibility to a rooftop terrace overlooking downtown Indianapolis.
Six delegates from the Ukraine’s legal community will be in Indianapolis through Saturday to learn about the American legal system by observing court hearings and meeting with members of the legal community, as well as participating in cultural activities.
November 11, 2010 1:15 PM EST
The Westin Indianapolis, Downtown, Indianapolis
The state now has its 106th justice on the Indiana Supreme Court. Justice Steven H. David officially took his oath and donned his black robe for the state’s highest court today, culminating a process that began with a May announcement that Justice Theodore R. Boehm was stepping down from the bench. Gov. Mitch Daniels chose the 15-year Boone Circuit judge about a month ago.
Indiana Supreme Court, Indiana Court of Appeals, and Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court denied transfer to 12 cases for the week ending Oct. 15.
7th Circuit Court of Appeals
Tom George, et al. v. National Collegiate Athletic Association
09-3667
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Vacates opinion reversing District Court’s dismissal of claims with prejudice, stays the appeal, and certifies three questions to the Indiana Supreme Court: Do the plaintiffs’ allegations about the NCAA’s method for allocating scarce tickets to championship tournaments describe a lottery that would be unlawful under Indiana law? If the plaintiffs’ allegations describe an unlawful lottery, would the NCAA’s method for allocating tickets fall within the Ind. Code Section 35-45-5-1(d) exception for “bona fide business transactions that are valid under the law of contracts”? If the plaintiffs’ allegations describe an unlawful lottery, do plaintiffs’ allegations show that their claims are subject to an in pari delecto defense as described in Lesher v. Baltimore Football Club and Swain v. Bussell?
The state’s newest judge in the Northern District of Indiana will be formally sworn in Oct. 29 at the Robert A. Grant Federal Building and Courthouse in South Bend.
The 7th Circuit Court of Appeals has decided it needs some assistance from the Indiana Supreme Court to decide whether the National Collegiate Athletic Association’s ticket-distribution system constitutes a lottery under Indiana law.