Editorial: Concerns about budget cuts warranted
We believe the state of Indiana has hit bone with a budget cut instituted earlier this month.
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Anything you tweet may be used against you…
Instant updates on Facebook and Twitter are becoming a staple in people’s lives, and those social media networks are
becoming a more common part of the litigation process in state and federal courts.
Sidebars: Despite detour, lunch did not disappoint
Sometimes you have to go with Plan B when it comes to finding a place to eat.
Technology Untangled: Multifunction copier lacks key functions
Bour takes a look at a multifunction copier from Canon that disappointed him.
SJCBA welcomes new members
The St. Joseph County Bar Association hosted its annual “An Evening at the Cove” June 30 for new members of the
SJCBA at Coveleski Regional Stadium, home of the South Bend Silver Hawks baseball team.
Disciplinary rulings explore ‘knowing’ standard
Attorneys faced misconduct cases involving incorrect citation, agreement-signing.
Attorneys assist young entrepreneurs
When an attorney in a bar association’s program for young lawyers learned that a program that helps at-risk youth to start and maintain their own businesses was in transition and needed a little help, he suggested his group step in.
Hogsett tapped for U.S. Attorney post
When Indianapolis attorney Joe Hogsett received the news that he’d been tapped by President Barack Obama to be the next
U.S. Attorney for the Southern District of Indiana, one of his first thoughts was that this could be the next home run in
his career.
State changes victim alerts
The Indiana Department of Correction recently changed how it will notify those who register to find out where someone is in
the system, whether it’s a transfer from one jail to another, a change in status, or a legal hearing.
‘Posnerian’ wisdom featured in professor’s new book
It’s no secret judicial clerks help with writing opinions at some point in the process – whether it’s the
research, writing a first draft, reading and writing memos to judges on their drafts, or in some cases rewriting the judge’s
first draft or outline into a final draft.
Judge faces 4 charges
A Marion Superior judge presiding over the county’s traffic court faces four judicial misconduct charges as a result of his general handling of traffic infraction cases and one suit in particular, where the state justices have described him as being “biased.”
Patient wins case following disclosure of HIV status
Considering how much information is out there on just about every individual – a simple Google search can prove that
– it’s difficult to say what is or isn’t private anymore.
Products Liability/Negligence
Jonathan M. Hinsey v. Better Built Dry Kilns, Inc. and DeNardi, s.r.l., a/k/a Nardi Group and Nardi Partecipazioni,
s.r.l.
Opinions July 19, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Isaac
Florian and Jeffrey Florian, as limited guardian of Isaac, an adult. v. GATX Rail Corporation
91A04-1002-PL-77
Civil plenary. Affirms summary judgment in favor of GATX Rail Corp. in Issac Florian’s negligence claim after he drove
into a GATX tank car that didn’t have retro-reflective sheeting. GATX was in compliance with either retro-reflective
implementation schedule even though the train car in question didn’t have sheeting yet. Florian’s common-law negligence
claim is preempted by federal regulations set forth in 49.C.F.R. part 224.
Remon
Duke Phillips v. State of Indiana (NFP)
02A04-0912-CR-723
Criminal. Affirms convictions of Class D felonies strangulation and domestic battery.
Larry
H. Snyder v. State of Indiana (NFP)
02A05-1001-CR-138
Criminal. Affirms acceptance of guilty plea to Class B misdemeanor public intoxication.
Joseph Trammell v. State of Indiana (NFP)
49A05-0912-CR-708
Criminal. Affirms conviction of Class B misdemeanor public intoxication.
James
Edward Price v. State of Indiana (NFP)
76A03-1001-CR-23
Criminal. Affirms sentence following guilty plea to Class A dealing in methamphetamine.
Term. of Parent-Child Rel. of E.L., et al.; M.B. v. I.D.C.S. (NFP)
48A04-0912-JV-717
Juvenile. Affirms involuntary termination of parental rights.
Richard
West v. State of Indiana (NFP)
49A04-0912-CR-680
Criminal. Affirms conviction of Class A misdemeanor battery.
Jeffery Rowe v. State of Indiana (NFP)
46A03-0907-CR-344
Criminal. Affirms sentence on remand of an aggregate term of 70 years for Class A felonies robbery and burglary, and finding
to be a habitual offender.
Olivia Vanbuskirk v. State of Indiana (NFP)
49A02-0912-CR-1208
Criminal. Affirms conviction of Class A felony child molesting.
Shawn
Christopher McWhorter v. State of Indiana (NFP)
73A01-0912-CR-573
Criminal. Affirms sentence following guilty plea to Class B felony criminal deviate conduct, and Class C felony robbery.
Andy C. Pitcher d/b/a Liberty Bell v. Berkley Risk Administrators Company, LLC., et al. (NFP)
81A04-0908-CV-458
Civil. Affirms summary judgment for Berkley Risk Administrators Co. on Pitcher’s complaint alleging breach of contract.
Indiana Tax Court
Country
Acres Limited Partnership v. Pleasant Township Assessor, and LaPorte County Assessor (NFP)
71T10-0903-TA-5
Tax. Affirms the Indiana Board of Tax Review didn’t err in rejecting an Indiana certified Level II assessor-appraiser’s
use of an 11.35 percent capitalization rate. Reverses final determination of the market value-in-use of Country Acres’
complex and remands to the Indiana Board so it may instruct the appropriate assessing officials to assess the subject property
consistent with the opinion.
The Indiana Supreme Court denied transfer to 22 cases for the week ending July 16.
Opinions July 19, 2010
Indiana Court of Appeals
Isaac
Florian and Jeffrey Florian, as limited guardian of Isaac, an adult. v. GATX Rail Corporation
91A04-1002-PL-77
Civil plenary. Affirms summary judgment in favor of GATX Rail Corp. in Issac Florian’s negligence claim after he drove
into a GATX tank car that didn’t have retro-reflective sheeting. GATX was in compliance with either retro-reflective
implementation schedule even though the train car in question didn’t have sheeting yet. Florian’s common-law negligence
claim is preempted by federal regulations set forth in 49.C.F.R. part 224.
COA reverses juvenile’s exploitation adjudication
The Indiana Court of Appeals reversed a juvenile’s adjudication for exploiting an endangered adult because the state
didn’t prove beyond a reasonable doubt that the 17-year-old took advantage of the mentally retarded man.
52 apply for magistrate spot in Southern District
More than 50 people have applied to become the next magistrate judge in U.S. District Court for the Southern District of Indiana.
Clark County goes online with Odyssey
Clark County is now using the Indiana Supreme Court Case Management System, Odyssey.
Marion Superior traffic judge charged with misconduct
A Marion Superior judge presiding over the county’s traffic court faces four judicial misconduct charges as a result
of his general handling of traffic infraction cases and one suit in particular, where the state justices have described him
as being “biased.”