Articles

Women attorneys who opened doors honored by peers

With jokes and stories of fond memories, Barnes & Thornburg and the Indiana Bar Foundation honored the legacy of Shirley Shideler, the law firm’s first female attorney and female partner, and recognized three women who are creating impressive legacies in the law of their own.

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Opinions Sept. 17, 2015 ILD

Indiana Court of Appeals

Jon Donovan v. State of Indiana (mem. dec.)
49A05-1503-CR-86
Criminal. Affirms conviction of Level 6 felony domestic battery.

Marvin Hester v. State of Indiana (mem. dec.)

48A02-1501-CR-28
Criminal. Affirms conviction of pointing a firearm at another person, a Class D felony.

Tyler Beathea v. State of Indiana (mem. dec.)
20A03-1411-CR-404
Criminal. Affirms convictions of Class B felony battery resulting in serious bodily injury of a child and Class D felony neglect of a dependent.

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Opinions Sept. 17, 2015

Indiana Court of Appeals
Tywaun Carter v. State of Indiana
49A04-1502-CR-52
Criminal. Affirms Carter’s conviction of two counts of Level 1 felony rape and 32-year sentence on each count to be served concurrently in the Indiana Department of Correction. Finds the victim’s work as a prostitute did not render her testimony and statements unbelievable, incredible or improbable. Rules the fact that the victim had been engaging in prostitution does not excuse Carter’s violent behavior or make his sentence inappropriate.  

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Marshal’s wage suit against town fails on appeal

A former marshal in a small southern Indiana town is not entitled to unpaid wages, overtime and other damages because the town employed fewer than five law enforcement officers, the Indiana Court of Appeals held Thursday in a matter of first impression.

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Altice robing ceremony set for Monday

Former Marion Superior Judge Robert Altice’s public robing ceremony will be at 2 p.m. Monday in the Indiana Supreme Court courtroom, with Chief Justice Loretta Rush administering the oath to the state’s newest Court of Appeals judge.

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Opinions Sept. 16, 2015

Indiana Court of Appeals

 

R.L. Turner Corporation v. William Wressell
06A05-1411-PL-540
Civil plenary. Affirms the trial court’s inclusion of fringe benefits in the calculation of total compensation and the calculation of attorney fees. Finds the trial court did not include any of Wressell’s overtime in its calculation of total compensation. Remands with instructions for the trial court to award Wressell an additional $1501.68.   

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Attorney fees award was reasonable, COA rules

After a former employee was awarded nearly $100,000 in attorney fees, R.L. Turner Corp. asserted the amount was unreasonable given the employee’s total award for damages was less than $12,000.

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Double jeopardy voids two cocaine convictions

A trial court violated the prohibition against double jeopardy by convicting a man in a bench trial of three felony cocaine possession counts, the Indiana Court of Appeals ruled in tossing out two of the convictions.

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