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Attorneys in the intellectual property arena waited for “the case” to come down during the past year, but what
they got June 28 was anything but the landmark decision so many lawyers expected.
Few TV shows highlight the glamour of being a corporate lawyer, but Josh Claybourn in Evansville sees the appeal and says he couldn’t have found a better place to utilize his legal skills.
Twenty-four high school students spent two weeks at the only law school camp for teenagers in Indiana.
A 90-year-old Indianapolis attorney couldn’t have predicted his legal career of more than 60 years would include handling
many controversial clients, including the Ku Klux Klan and conscientious objectors of the Vietnam War.
Voters will still need to have valid photo identification to be able to vote in person in Indiana elections.
Immigration attorneys and victims advocates are reading up on the Arizona illegal immigrant law and bracing themselves for
what a similar bill in Indiana could mean for their clients.
Whether someone has worn a black robe before joining an appellate court is a discussion that often surfaces whenever one of
those judiciary posts opens in either the state or federal system.
The nearly three-dozen attorneys who’ve applied to become the state’s newest justice sets a record for the past
25 years, but it falls short of the number who’d applied for an Indiana Supreme Court post a quarter century ago.
The following opinions were posted after IL deadline Thursday.
Indiana Supreme Court
Che
B. Carter v. State of Indiana
49S04-0903-PC-102
Post conviction. Affirms denial of petition for post conviction relief. While the instruction that attempted murder required
a knowing step toward an intentional killing was substandard, it is apparent that the jury was told what the law required.
Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Clifton
Mauricio v. State of Indiana (NFP)
02A03-1002-PC-130
Post conviction. Affirms denial of petition for post-conviction relief.
C.M.M.
v. D.D.F. (NFP)
09A04-0910-CV-564
Civil. Affirms denial of father C.M.M.’s petition for hearing and modification of prior order based on actions of children.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court handed down a private reprimand to a Shelby County attorney who engaged in misconduct by hiring
a nonlawyer inmate to help research and prepare a post-conviction relief petition for another client.
Indiana Court of Appeals
Clifton
Mauricio v. State of Indiana (NFP)
02A03-1002-PC-130
Post conviction. Affirms denial of petition for post-conviction relief.
The U.S. District Court in the Southern District of Indiana is asking the state’s Supreme Court to accept a certified
question in litigation involving the Indiana Products Liability Act.
The Indiana Supreme Court has announced the 26 participants in this year’s Indiana Conference for Legal Education Opportunities
Summer Institute.
The entry by police into a man’s apartment based on uncorroborated information from an anonymous source violated the
man’s federal and state constitutional rights, the Indiana Supreme Court ruled Wednesday. Because of this, the drugs
found in the man’s apartment must be suppressed.
The Indiana Supreme Court upheld the denial of a supermarket’s motion for summary judgment in a negligence case, finding
the company failed to carry its burden in showing that criminal activity on its premises at the time a customer was assaulted
wasn’t foreseeable.
The following opinions were posted after IL deadline Wednesday
Indiana Supreme Court
Curtis
F. Sample v. State of Indiana
45S03-1006-CR-338
Criminal. Affirms Sample’s convictions and sentence for attempted murder and criminal confinement. Vacates habitual
finding adjudication and remands for new habitual offender phase of trial. Because the trial court provided over Sample’s
objection an instruction that minimized the jury’s power of discretion in making a determination on habitual offender
status, and provided a “law and facts” instruction that rendered meaningless the jury’s Article I, Section
19 authority, the trial court committed reversible error. Sample is entitled to have the habitual offender adjudication vacated.
Subhen
Ghosh v. Indiana State Ethics Commission and Office of the Inspector General
32S01-0910-CV-504
Civil. Holds that a 2005 amendment authorized State Employee Appeals Commission to consider ethical violations among other
grounds for termination in conducting this review, but did not otherwise affect the general rule that the Ethics Commission
has exclusive jurisdiction to interpret the state Ethics Code. Ghosh’s attempt to review his termination by the Indiana
Department of Environmental Management in this subsequent Ethics Commission proceeding is therefore barred by IDEM’s
earlier unappealed decision to terminate him. Upholds the Ethics Commission’s sanction against Ghosh.
Austin
Knight v. State of Indiana
02S03-1006-CR-339
Criminal. Revises Knight’s sentence of 70 years following a guilty plea without a plea agreement to 11 counts, including
felony burglary and robbery, to a total aggregate term of 40 years. Cannot conclude that Knight’s transgressions necessarily
“demonstrate a character of such recalcitrance or depravity” that they justify a 70-year sentence. Remands for
re-sentencing.
Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
John
M. Knight v. Kelly A. Knight (NFP)
39A01-0909-CV-453
Civil. Affirms denial of John Knight’s petition for modification of child support.
Luiz
Alves v. Damon R. Leichty, James W. Tuesley, and Barnes & Thornburg, LLC (NFP)
71A03-0912-CV-605
Civil. Affirms dismissal with prejudice of Alves’ complaint for legal malpractice.
Karla
J. Reaser v. State of Indiana (NFP)
92A03-1001-CR-20
Criminal. Affirms convictions of Class C felony battery, Class A misdemeanor possession of paraphernalia, and Class D felony
criminal confinement.
Derrick
D. Hammond v. State of Indiana (NFP)
59A05-0908-CR-475
Criminal. Affirms convictions of Class A misdemeanor operating while intoxicated and Class B misdemeanor false informing.
In Re: the Marriage of J.R. and M.R. (NFP)
30A01-0912-CV-581
Civil. Affirms child support award, reverses division of marital estate, and remands with instructions.
Elizabeth
Saldivar-Cruz v. Guardian Industries Corp. (NFP)
93A02-0909-EX-839
Civil. Affirms denial of application for adjustment of claim with the Worker’s Compensation Board of Indiana.
Gregory
A. Harpenau v. State of Indiana (NFP)
62A01-1002-CR-52
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated with a prior conviction.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Luiz
Alves v. Old National Bank f/k/a St. Joseph Capital Bank
71A03-0909-CV-416
Civil. Affirms denial of Alves’ Ind. Trial Rule 60(B) motion. Because he filed his motion more than one year after
the trial court granted summary judgment for Old National Bank and his earlier appeal of that judgment doesn’t toll
the 1-year limit applicable to motions brought pursuant to subsections (1)-(4), his motion is untimely. In addition, the evidence
on appeal doesn’t show the bank owed a duty to Alves or that the bank breached a duty by conspiring with his former
business partner to remove him from their company.
The one-year limit to file a motion for relief from judgment under Indiana Trial Rule 60(B) is not from the time an appeals
court rules on the matter, but must be made within one year after the trial court enters its order, the Indiana Court of Appeals
ruled today in an issue of first impression.
There are a lot of people in Indiana who want to become the state’s next Supreme Court Justice.
In a case identical to one it ruled on earlier this year, the Indiana Court of Appeals found the state violated a juvenile’s
right to counsel at her detention hearing.