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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.

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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.”

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.

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.”

Opinions July 16, 2010 ILD

7th Circuit Court of Appeals
Tamika
Jones v. Res-Care, Inc. and Shane McFall
09-3076
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge William T. Lawrence.
Civil. Affirms summary judgment for Res-Care and McFall in Jones’ suit alleging race discrimination, retaliation, and
various state-law claims. Jones’ Title VII claims, with the exception of her retaliation claim, are barred, and affirms
summary judgment with respect to the state claims of defamation and vicarious liability. She failed to establish a prima facie
case under the direct method on her retaliation claim.

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Nathaniel
L. Williams v. State of Indiana
18A02-0911-CR-1092
Criminal. Affirms convictions of two counts of Class A felony dealing in cocaine, one conviction of Class C felony possession
of a controlled substance and Class D felony maintaining a common nuisance. Reverses and vacates one Class C felony conviction
and remands for the trial court to correct its records to reflect the vacation of the conviction. The admission of the confidential
informant’s statements did not violate Williams’ right to confront witnesses. Williams didn’t preserve for
appellate review his claim that the trial court failed to properly admonish the jury.

Ruth
M. Brown v. Alliance Environmental, Inc. v. R. Bruce Wallace (NFP)
49A02-0909-CV-854
Civil. Reverses part of order that awarded Brown compensatory damages resulting from Wallace’s breach of the fiduciary
duty that he owed to Brown and in finding Brown held a 12 percent ownership interest in Alliance at the time of the asset
sale in 2005. Remands for further proceedings. Affirms order in all other respects.

Aaron
Spears v. State of Indiana (NFP)
49A02-0912-CR-1194
Criminal. Affirms conviction of Class A misdemeanor battery.

Wendy
G. Thomas, as personal representative of the estate of William T. Dollard, deceased v. Carol Sparks Drake, et al. (NFP)

06A05-0907-CV-427
Civil. Grants estate’s petition for rehearing and affirms original opinion affirming summary judgment in favor of Drake.
 

D.L.
v. State of Indiana (NFP)
49A02-0908-JV-781
Juvenile. Affirms placement at Kokomo Academy.

Michael
Shelton Scott v. State of Indiana (NFP)
48A02-1003-CR-235
Criminal. Affirms 40-year sentence for Class A felony child molesting.

Raymond
Baird and George M. Cox v. State of Indiana (NFP)
31A01-0910-CR-514
Criminal. Affirms denial of Baird and Cox’s motion for review of numerous claims of error relating to the trial court’s
bond schedule and conditions of bond.

Estate
of Mary L. Riley and Marjorie R. Potts v. James Riley (NFP)
08A02-1001-ES-33
Estate supervised. Affirms decision in favor of James Riley’s son, trust, and grandchildren.

G.M.
v. I.D.C.S. (NFP)
49A02-1001-JT-13
Juvenile. Affirms involuntary termination of parental rights.

J.M.O.
v. J.C.D; J.M.O. v. D.H.M. (NFP)
07A01-0910-CV-478
Civil. Reverses denial of J.M.O.’s petitions for protective orders against her child’s father and his fiancée.
Remands for further proceedings.

Aaron
R. Ross v. State of Indiana (NFP)
49A05-0911-CR-637
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class C felonies possession of cocaine and a firearm,
and carrying a handgun without a license, and three counts of Class D felony possession of a controlled substance.

Joseph
Matthews v. City of Indianapolis (NFP)
49A02-1002-CT-110
Civil tort. Reverses summary judgment for City of Indianapolis in Matthews’ complaint alleging the city negligently
failed to place or replace a stop sign at an intersection and that proximately caused his injuries.

M.L.
v. State of Indiana (NFP)
49A02-1001-JV-68
Juvenile. Affirms adjudication for committing what would be Class D felony possession of cocaine if committed by an adult.

Charles
Orr v. State of Indiana (NFP)
28A01-0912-CR-603
Criminal. Affirms sentence following guilty plea to burglary as a Class B felony.

K.W.
v. L.C. (NFP)
14A01-0911-CV-542
Civil. Affirms denial of K.W.’s petition to terminate guardianship.

Indiana Tax Court had posted no opinions at IL deadline.
 

Prosecutor candidate drops out of race

The Democratic candidate for Gibson County Prosecutor has withdrawn from the race following his indictment on four charges,
including possession of child pornography.