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ACLU of Indiana’s dinner to honor organization’s founder

September 21, 2010

The American Civil Liberties Union of Indiana’s annual dinner this year will honor Irving Fink, an attorney who helped found the organization and Indiana Legal Services.

Supreme Court takes 4 cases

September 21, 2010

The Indiana Supreme Court granted transfer to four cases Sept. 17, including one involving translated transcripts presented to a jury in a drug case.

15 apply to be next Tax Court judge

September 21, 2010

Fifteen people want to be Indiana’s next Tax Court judge. Judge Thomas G. Fisher announced in August his plans to retire Jan. 1, 2011.

Opinions Sept. 20, 2010 ILD

September 20, 2010

Indiana Supreme Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Antionette Smith v. State of Indiana (NFP)
49A02-1002-CR-178
Criminal. Affirms conviction of burglary as a Class B felony.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Sept. 20, 2010

September 20, 2010

Indiana Court of Appeals
Obed Kalwitz, Jr., et al. v. Eugene Kalwitz, et al.
46A03-0912-CV-574
Civil. Affirms small claims judgment in favor of siblings Eugene Kalwitz and Sharon Greiger in Obed Kalwitz Jr.’s suit alleging the siblings stole items from land that now belong to the siblings. Affirms ruling on counterclaim for $1,750 compensatory damages for abuse of process, $2,750 in punitive damages, and $900 in attorney’s fees. Obed and Rolene’s request for a change of judge was untimely, and their claim is barred by res judicata. Remands to the small claims court for a determination of the amount of appellate attorney’s fees and costs to which Eugene and Sharon are entitled.

Appellate court finds lawsuit brought in bad faith

September 20, 2010

The Indiana Court of Appeals ruled today for a fifth time on a contentious family dispute over the estate of deceased parents, affirming a small claims court judgment in favor of two of the siblings for damages and fees against their brother and his wife.

Northern District seeks comment on local rules

September 20, 2010

The U.S. District Court for the Northern District of Indiana and the Bankruptcy Court in the Northern District are seeking public comment on several proposed local rule changes.

Law school needs judges for moot court competition

September 20, 2010

Indiana University School of Law – Indianapolis needs judges for its annual Honorable Robert H. Staton Intramural Moot Court Competition.

Opinions Sept. 17, 2010 ILD

September 17, 2010

Indiana Supreme Court
In the Matter of Kenneth E. Lauter
55S00-0906-DI-267
Discipline. A per curiam decision publicly reprimands attorney Kenneth E. Lauter of Morgan County because he didn’t indicate to the client what the additional retainer should be or how it would be determined, thus violating Indiana Professional Conduct Rules 1.5 (b) and (c).
Justices Brent Dickson and Robert Rucker dissented, believing that the Indiana Supreme Court Disciplinary Commission did not prove a charged violation by clear and convincing evidence and that the hearing officer correctly found no violation and recommended a finding in favor of Lauter.

Indiana Court of Appeals
Termination of Parent-Child Relationship of D.B. and A.B.; R.B. v. Indiana Dept. of Child Services (NFP)
87A01-1001-JT-107
Juvenile. Affirms involuntary termination of parental rights.

Gordon Northrup, Jr. v. State of Indiana (NFP)
79A04-1003-CR-192
Criminal. Affirms trial court properly denied motion for sentence modification.

Indiana Tax Court had posted no opinions at IL deadline.

Opinions Sept. 17, 2010

September 17, 2010

Indiana Supreme Court
In the Matter of Kenneth E. Lauter
55S00-0906-DI-267
Discipline. A per curiam decision publicly reprimands attorney Kenneth E. Lauter of Morgan County because he didn’t indicate to the client what the additional retainer should be or how it would be determined, thus violating Indiana Professional Conduct Rules 1.5 (b) and (c).
Justices Brent Dickson and Robert Rucker dissented, believing that the Indiana Supreme Court Disciplinary Commission did not prove a charged violation by clear and convincing evidence and that the hearing officer correctly found no violation and recommended a finding in favor of Lauter.

Wrongful death statute allows for attorney fees, other costs

September 17, 2010

Compensation for attorney fees and other costs can be awarded under the Adult Wrongful Death Statute, ruled a Court of Appeals panel today.

Governor names Boone Circuit judge to Indiana Supreme Court

September 17, 2010

David videoGov. Mitch Daniels announced this morning his pick for the state’s highest appellate court, choosing Boone Circuit Judge Steven H. David to replace retiring Justice Theodore R. Boehm once he steps down Sept. 30.

Governor chooses Judge Steven David as next Supreme Court justice

September 17, 2010

Boone Circuit Judge Steven David will become the next Indiana Supreme Court justice, meaning the state’s highest court will remain without a woman.

Justices remind parties about decision certification

September 16, 2010

The Indiana Supreme Court has granted a rehearing on the appeal involving East Chicago casino money, using the chance to warn parties to not jump the gun in how it responds once an appellate ruling is initially issued.

ISBA poll on judicial retention to be e-mailed

September 16, 2010

A third of the Indiana Court of Appeals judges face retention this year, but before voters mark their ballots the state’s attorneys have a chance to say what they think about the five appellate judges who want to remain on the bench.

Opinions Sept. 16, 2010 ILD

September 16, 2010

Indiana Supreme Court

Foundations of East Chicago, Inc., Successor by Merger to East Chicago Community Development Foundation, Inc. and Twin City Education Foundation, Inc. v. City of East Chicago
No. 49S02-0908-CV-00383
Civil. Justices granted a rehearing petition, holding that the city didn’t follow Indiana Appellate Rule 65(E) and was premature in filing a motion at the trial court level before a previous appellate ruling was certified. Justices found the trial court correctly denied the city’s request, and it kept intact its original opinion from May.

Indiana Court of Appeals
Adoption of N.W., M.W. v A.W.
71A04-1002-AD-127
Adoption. Reverses grant of adoption of N.W. by stepmother A.W. The stepmother failed to prove by clear and convincing evidence that the mother’s consent to the adoption was not required. The adoption is also not in the best interest of the child.

Matthew B. Ashworth v. Kathryn Ehrgott (Ashworth)
49A05-0912-CV-727
Civil. Finds the trial court failed to deduct Ashworth’s $1,500 monthly alimony payment from his weekly gross income because it is a maintenance payment to mother, failed to credit Ashworth for the children’s health insurance premium, improperly included his daughter’s full-time preschool expenses as a work-related child care expense for Ehrgott even though she was not working, and that the record does not support the trial court’s order that Ashworth pay for his son’s private school tuition as added child support. Remands for further proceedings. Affirms on all other issues.

Brownsburg Municipal Building Corp. v. R.L. Turner Corp., et al.
32A01-1002-PL-37
Civil plenary. Affirms denial of Brownsburg’s motion for partial summary judgment in a suit filed by R.L. Turner and St. Paul Fire in Turner’s suit for damages from breach of contract and under the theory of quantum meruit. There is a genuine issue of material fact as to whether Turner and/or the architect timely complied with the provisions of the contract.

Calvin Sanders v. State of Indiana (NFP)
49A04-0912-CR-714
Criminal. Affirms conviction of Class A felony attempted murder.

T.S. v. State of Indiana (NFP)
71A04-1002-JV-91
Juvenile. Affirms commitment of the Department of Correction.

William C. Davis v. State of Indiana (NFP)
82A01-0909-PC-460
Post conviction. Affirms denial of petition for post-conviction relief.

James Griffith v. State of Indiana (NFP)
35A02-1003-PC-394
Post conviction. Affirms denial of petition for post-conviction relief.

Jason Barrett v. Scores, Inc. and Jason English (NFP)
82A01-1003-PL-177
Civil plenary. Affirms summary judgment to Scores Inc. and English on Barrett’s claims that English breached his fiduciary duty to Barrett and that both Scores and English committed conversion of Barrett’s property.

Timothy Manges v. State of Indiana (NFP)
20A05-1003-PC-186
Post conviction. Affirms denial of petition for post-conviction relief.

A.E., et al., Alleged to be CHINS; T.E. v. Marion County DCS and Child Advocates (NFP)
49A02-1002-JC-203
Juvenile. Reverses determination that the three children are children in need of services. Remands for a new dispositional decree that includes written findings and conclusions concerning elements listed in Indiana Code Section 31-34-19-10.

Aaron Spears v. State of Indiana (NFP)
49A02-1001-CR-70
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

C.T. v. State of Indiana (NFP)
49A02-1002-JV-344
Juvenile. Affirms finding C.T. committed what would be Class B misdemeanor public nudity if committed by an adult.

Arron L. Declue v. State of Indiana (NFP)
44A03-1001-CR-79
Criminal. Affirms 20-year sentence with five years suspended for aggravated battery and criminal confinement, both as Class B felonies.

Richard Wion d/b/a Lothlorien Farms v. Town of North Manchester (NFP)
85A05-1004-PL-307
Civil plenary. Affirms summary judgment for the town in its complaint to enforce an order for the owner of a building to vacate and demolish the building, which was deemed unsafe.

Indiana Tax Court had posted no opinions at IL deadline.
 

Opinions Sept. 16, 2010

September 16, 2010

Indiana Supreme Court

Foundations of East Chicago, Inc., Successor by Merger to East Chicago Community Development Foundation, Inc. and Twin City Education Foundation, Inc. v. City of East Chicago
No. 49S02-0908-CV-00383
Civil. Justices granted a rehearing petition, holding that the city didn’t follow Indiana Appellate Rule 65(E) and was premature in filing a motion at the trial court level before a previous appellate ruling was certified. Justices found the trial court correctly denied the city’s request, and it kept intact its original opinion from May.

Lawyers support motorcycle ride for charity

September 16, 2010

Indianapolis attorneys and a law firm are among the sponsors and participants in a scenic motorcycle ride Saturday to benefit the children of Christel House, based in Indianapolis with locations around the world.

Senate panel OKs Indy attorney for U.S. Attorney

September 16, 2010

An Indianapolis attorney has gotten the approval of a key congressional judiciary panel to become the new U.S. Attorney for the Southern District of Indiana.

Attorney found guilty but mentally ill in attack

September 16, 2010

A Hamilton County jury found an attorney guilty but mentally ill on the five counts he faced following his attack on a state representative nearly a year ago.

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In This Issue

  • Some Rokita targets continue fighting civil subpoenas on immigration

  • State and federal courts leaning more heavily on magistrates

  • Legal troubles at Jack’s Donuts concern some local franchisees

Most Read
  • State’s high court to hear arguments on double jeopardy, right to appeal

  • 9 Indiana counties chosen for misdemeanor defense reimbursement pilot

  • List of new Indiana laws approved this year

  • Owner of Broad Ripple bar charged with underreporting more than $4.5M in sales

  • Colleagues remember John Trimble as ‘pillar’ of Indiana’s legal community

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