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Court rules on marital estate divisions

A trial court should assume that when a divorcing couple divides part of their marital assets on its own, that division is done justly and reasonably and the court should divvy up the remainder of their estate as the entire balance.The Indiana Court of Appeals made that holding in today’s ruling on Thelma M. Nornes v. Raymond M. Nornes, No. 46A03-0712-CV-564, a divorce case out of LaPorte County. The two were married in 1998 and started the dissolution process in 2006.Prior…

Appeal likely in post-deadlocked capital case

The Indiana Supreme Court may be asked to determine whether an Evansville judge correctly decided to uphold a death sentence after a jury’s indecision regarding the penalty.Attorneys for death row inmate Daniel Ray Wilkes aren’t taking issue with how Vanderburgh Circuit Judge Carl Heldt applied the law but rather the nature and constitutionality of the statute itself.Judge Heldt in late January decided on the death sentence for Wilkes, who was convicted in December on three murder counts for the April 2006…

Third-party settlement ends fund liability

The Indiana Supreme Court held in a case of first impression in worker’s compensation that when a settlement with a third-party ends an employer’s liability, the liability of the Second Injury Fund will also be terminated. However, when the Indiana Worker’s Compensation Board approves an agreement by the employer to continue paying worker’s comp benefits after the settlement, the injured employee may make a claim to the Second Injury Fund. In Ronald Mayes v. Second Injury Fund, No. 93S02-0802-EX-0107, Ronald Mayes…

COA: Parental rights termination set aside

The Indiana Court of Appeals reversed a juvenile court’s termination of parental rights of both parents of an infant, finding evidence presented to support the termination wasn’t clear or convincing. In In the matter of the termination of the parent-child relationship of A.B., and Angela B. and Brian J. v. Lake County Department of Child Services, No. 45A03-0712-JV-567, the appellate court ruled the court’s judgment terminating the parental rights of Angela and Brian over A.B. was erroneous because the Lake County Department…

Inmates’ child support orders can be modified

  In a decision that may affect child support modification orders, the Indiana Court of Appeals held today an earlier Indiana Supreme Court decision also applies to a request for a modification because of incarceration. In Todd Allen Clark v. Michelle D. Clark, No. 35A05-0801-CV-26, the appellate court used the Indiana Supreme Court’s decision in Lambert v. Lambert, 861 N.E.2d 1176 (Ind. 2007), to determine whether Todd Clark’s verified petition for abatement and/or modification of child support order should have been granted. …

Lawyer to speak about detainee client

The Indianapolis Lawyer Chapter of the American Constitution Society will present "Boumediene: Where do we go from here?" at noon Sept. 11 at Ice Miller in Indianapolis.

Agriculture Law Foundation gets cy pres money

The Indiana Agricultural Law Foundation will receive $500,000 in funds made available through a class action settlement of a case in the U.S. District Court, Southern District of Indiana.

Court: amended charges not allowed

The Indiana Court of Appeals reinstated one conviction and reversed two others for a man charged with resisting law enforcement, auto theft, and battery. At issue in Donyea Fowler v. State of Indiana, No. 71A05-0704-CR-200, is whether the trial court properly reversed Fowler’s conviction of resisting law enforcement. Fowler also appealed his convictions of auto theft and battery, arguing the charges were added after the time allowed by Indiana statutes. Police officers from several departments showed up to the home where Fowler…

Judge, attorneys to get national, state awards

A judge and two attorneys from Indiana will receive awards for their work in the legal community and media law.Dearborn Superior Judge G. Michael Witte will receive the Franklin N. Flaschner Award given by the National Conference on Specialized Court Judges Aug. 7 at the American Bar Association’s annual meeting. The award recognizes a judge in a court of limited jurisdiction who has an excellent reputation, commitment to high ideals, and exemplary character, leadership, and competence in performing legal duties. Judge…

Court rules on annexation, land dispute

A county was able to establish an economic development area in unincorporated land that was also in the process of being annexed by a town because the annexation process hadn’t been completed yet, ruled the Indiana Supreme Court. When the Boone County Redevelopment Commission (RDC) initiated proceedings to create an economic development area (EDA), the area included land on which Whitestown had initiated annexation proceedings just one week earlier in July 2006. In October 2006, the Boone County Board of Commissioners…

Bar wants merit-based selection extended

The Lake County Bar Association will send a delegation to Friday's Commission on Courts meeting to endorse the adoption of legislation that would support merit-based selection of judges to the County Courts Division.

COA: Court has personal jurisdiction over CIDs

Indiana trial courts can assert personal jurisdiction over out-of-state companies for the purposes of enforcing an Indiana Attorney General’s petition to enforce a civil investigative demand, ruled the Indiana Court of Appeals today. In a case of first impression, the appellate court was asked to determine whether a trial court lacked personal jurisdiction over an Ohio company that had franchises located in but not registered in Indiana, and thus erred by granting the Attorney General’s petition to enforce a civil investigative…

High court vacates post-conviction relief petition

Although the Indiana Supreme Court vacated the post-conviction court's grant of a petition for relief, it remanded the issue to determine if it should be granted on other grounds raised in the petition.

Estate must be reimbursed for funeral expenses

The Indiana Court of Appeals upheld a trial court's approval of money received in a wrongful death suit of an Indianapolis attorney to be used to reimburse his estate for funeral and burial expenses.

Federal court rules in favor of Indy company

A federal appeals court in Florida has upheld an Indianapolis-based company’s right to sell distant networking programming to its customers, finding the company was acting in accordance with the Satellite Home Viewer Act (SHVA). The unanimous opinion from the 11th Circuit Court of Appeals Monday, CBS Broadcasting Inc., et al. v. EchoStar Communications d.b.a. DISH Network, et al. No. 07-10020, ruled National Programming Service (NPS), a proposed intervenor-cross-appellant on the case, has the right to lease satellite equipment from EchoStar Communications Corp….

New judicial speech rights suit filed

A federal lawsuit challenging Indiana’s rules prohibiting judicial candidates from responding to a survey about their views is picking up where a similar suit left off late last year.The nonprofit Indiana Right to Life Inc. filed a suit April 18 on behalf of Marion Superior Judge David Certo, who is running for the court for the first time after being appointed by Gov. Mitch Daniels to fill a vacancy last year, and Torrey Bauer, a candidate for Kosciusko Superior Court. The…

Courts must ID trade secrets

The 7th Circuit Court of Appeals has overturned a northern Indiana judge’s order to protect certain information and trade secrets, holding the District Court judge didn’t adequately distinguish what shouldn’t be released in a copyright and trade secrets dispute between two competing modular home builders.A unanimous three-judge panel ruled today in Patriot Homes, Inc. and Patriot Manufacturing, Inc. v. Forest River Housing, Inc., d/b/a Sterling Homes, No. 06-3012.The case involved Patriot Homes and Forest River Housing, who’d been competing contentiously for years,…

Non-firm job options: Recent law grads share advice

When considering law school, students may have the idea that getting a law degree will equal a large salary or a lifestyle similar to television shows that portray lawyers in spacious apartments, wearing designer clothes, and hosting large events. The reality is that may be true for some. For those who would rather work in politics, as in-house counsel, or start their own business, the salary may be smaller, but depending on one’s interests and career goals, it could be more…

Justices: State must prove loaded gun

The state has the burden to prove a gun was loaded when charging a defendant with pointing a firearm as a Class D felony, but it is up to the defendant to raise the issue when the state’s evidence has not done so, the Indiana Supreme Court has decided. In Henry J. Adkins v. State of Indiana, No. 20S03-0709-CR-374, the Supreme Court Wednesday upheld Henry Adkins’ conviction of pointing a firearm as a Class D felony because during the trial he failed…