Conviction splits COA in determining actions of a ‘reasonable person’
In affirming the conviction of a man who violated a no-contact order, the Indiana Court of Appeals split over what a “reasonable person” would have done in similar circumstances.
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Appeals court cites apparent authority to affirm auction sale
The sale of Noble County lake and farm property at auction is valid even though some siblings in a family limited liability corporation objected because reserve prices hadn’t been met, the Indiana Court of Appeals ruled in affirming the trial court.
Rear-ended motorist found 70 percent liable wins on appeal
A jury that found a Kokomo motorist 70 percent at fault when his vehicle sitting at an intersection was rear-ended misread the law, as did a judge who instructed jurors, the Indiana Court of Appeals ruled.
COA finds argument that documents were ambiguous is really ‘a failure to read’
A real estate investor who argued that he should not be held personally liable because the loan documents were ambiguous was reminded by the Indiana Court of Appeals that “a failure to read does not equate with an ambiguity….”
Disciplinary Actions – 7/17/13
Read who’s recently been suspended by the Indiana Supreme Court, received a public reprimand or resigned.
Indiana University will donate former attorney’s gift to victims
Now that former high-profile personal-injury attorney William Conour has pleaded guilty to accusations that he defrauded dozens of clients of more than $4.5 million, his victims hope for some measure of restitution. At least a fraction of the loss will be covered by the law school to which Conour gave $450,000.
Indiana grandparents petitioning for visitation face long odds
The courts are limiting relatives’ rights while the Indiana General Assembly seeks to expand them.
Dissolution of same-sex marriages a legal puzzle for lawyers, judges
Indiana statute makes clear the state’s position on same-sex marriage, but it also leaves murky the rights of Hoosier couples who, despite the law, are legally married.
Will Indiana attorneys be required to report pro bono hours?
A task force has made three recommendations to the Indiana Supreme Court on how to encourage lawyers to perform more services for indigent Hoosiers.
Complexity of new expungement law raises questions
Hundreds rushed to a clerk’s office July 1 on a mistaken belief that was the only day they could petition to have their criminal records expunged.
Commission on Courts to consider Vanderburgh magistrate, bail issues
The Indiana Commission on Courts will meet Thursday to hear a request for an additional magistrate in Vanderburgh Circuit Court and to review the state’s bail surety system.
Criminal convictions and financial penalties do not violate double jeopardy
A business owner will have to serve his sentence after the Indiana Court of Appeals rejected his argument that his criminal convictions and financial penalties imposed for failing to pay taxes violated double jeopardy principles.
Justices take 4 cases, deny 21
The Indiana Supreme Court will hear an appeal of a case in which the Indiana Court of Appeals ruled that a public school construction project built through a foundation should have been subject to public bidding requirements.
2 new magistrates appointed in Hendricks County
The Hendricks Superior Court is welcoming two new judges to the bench. Attorneys Tammy Somers and Michael “Joe” Manning have been appointed as magistrates for the Superior Court. Somers accepted the position effective July 1, 2013. Manning accepted the position effective Aug. 5, 2013.
Judge accepts Conour plea; IU will use funds donated by ex-lawyer to help victims
Now that former high-profile personal-injury attorney William Conour has pleaded guilty to accusations that he defrauded dozens of clients of more than $4.5 million, his victims hope for some measure of restitution. At least a fraction of the loss will be covered by the law school to which Conour gave $450,000.
Legal services provider partners with nonprofit to help homeless veterans
A partnership between two Indianapolis nonprofits will provide for the first time ongoing legal services to homeless veterans working to become self-sufficient.
7th Circuit won’t excuse IMPD officer from wrongful arrest, excessive force suit
A man’s federal lawsuit against two Indianapolis Metropolitan Police Department officers and the city will go forward after a federal judge rejected one officer’s interlocutory appeal.
Judge finds Apple conspired to raise e-book prices
A judge in the U.S. District Court for the Southern District of New York ruled Wednesday that Apple Inc. colluded with major U.S. publishers to artificially raise the retail prices of e-books.
7th Circuit affirms drug convictions, sentence
The 7th Circuit Court of Appeals has upheld an Indiana man’s convictions and 360-month sentence for drug-related offenses, rejecting his claims that his right to a speedy trial was violated and the starting time of his offenses was incorrectly determined by the District Court.
Man accused of violating city ordinances entitled to jury trial
Because the underlying substantive claims brought against an Indianapolis man regarding his treatment of his dog are quasi-criminal, he is entitled to a jury trial under the Indiana Constitution, the Indiana Court of Appeals has ruled.