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Opinions Sept. 15, 2015 ILD

September 15, 2015

Indiana Court of Appeals
Larry Hayden, Jr. v. State of Indiana (mem. dec.)
02A03-1501-CR-9
Criminal. Affirms convictions of Class B felony possession of a firearm by a serious violent felon, Class C felony robbery and escape, Class D felony intimidation and two counts of Class A misdemeanor resisting law enforcement.

Albert Pauley, Jr. v. State of Indiana (mem. dec.)
12A02-1501-PC-46
Post conviction. Affirms denial of post-conviction relief.

Aundra L. Haralson v. State of Indiana (mem. dec.)
06A01-1501-CR-25
Criminal. Affirms convictions of Level 5 battery resulting in bodily injury to a pregnant woman and Level 6 criminal confinement.

Bill Snider v. State of Indiana (mem. dec.)
71A03-1409-PC-334
Post conviction. Affirms denial of post-conviction relief.

Bobby Lee Dean v. State of Indiana (mem. dec.)
48A02-1409-CR-669
Criminal. Affirms convictions of Class A felony dealing in cocaine, Class D felony maintaining a common nuisance and Class A misdemeanor resisting law enforcement.

Jimmie Hair, Jr. v. State of Indiana (mem. dec.)
03A01-1502-CR-65
Criminal. Affirms convictions of Class A felony attempted murder and Class B felony unlawful possession of a firearm by a serious violent felon.

John F. Philpott v. State of Indiana (mem. dec.)
48A02-1412-CR-884
Criminal. Affirms denial of motion to correct erroneous sentence.

Wyatt Clayton Squyres v. State of Indiana (mem. dec.)
45A05-1502-CR-56
Criminal. Affirms denial of motion to correct erroneous sentence.

Kathleen Burnell v. Review Board of the Indiana Department of Workforce Development (mem. dec.)
93A02-1505-EX-260
Agency action. Affirms denial of claim for unemployment benefits.

Kimball Rustin Roy Scarr v. JPMorgan Chase Bank National Association (mem. dec.)
21A01-1411-MF-466
Mortgage foreclosure. Affirms grant of summary judgment in favor of Chase.

Opinions Sept. 15, 2015

September 15, 2015

Indiana Court of Appeals
Hoker Trucking, LLC and Linda L. Phillips v. Pamela K. Robbins, as Administratrix of the Estate of Mike Douglas Robbins Deceased
89A01-1411-CT-468
Civil tort. Reverses award of attorney fees and prejudgment interest to Pamela Robbins. Finds as the surviving spouse, Robbins is not entitled to recover attorney costs under the adult provision (Indiana Code 34-23-1-2) in the Indiana general wrongful death statute.

Attorney Lawrence Reuben remembered for community activism

September 15, 2015

Indianapolis attorney Lawrence M. Reuben, who created a strong legacy of community activism, died Sept. 11, 2015. He was 67 years old.

Brookman selected as U.S. magistrate judge

September 15, 2015

Evansville attorney Matthew P. Brookman has been selected to be a magistrate judge in the federal court for the Southern District of Indiana, Chief Judge Richard L. Young announced Tuesday.

Widow not entitled to attorney fees in wrongful death case

September 15, 2015

Attorney fees awarded in a wrongful death suit have been overturned by the Indiana Court of Appeals weeks after the Indiana Supreme Court weighed in on the state statute’s language.

Opinions Sept. 14, 2015 ILD

September 14, 2015

Indiana Court of Appeals
William Hatfield v. State of Indiana (mem. dec.)
32A01-1411-CR-510
Criminal. Affirms sentence and conviction of Class A misdemeanor leaving the scene of an accident resulting in injury.

Opinions Sept. 14, 2015

September 14, 2015

Indiana Court of Appeals
Bryan E. Mitten v. Cynthia L. Mitten
11A01-1501-DR-8
Domestic. Affirms determination of Bryan E. Mitten’s child support obligations and division of the parties’ debts. The trial court ordered that the adoptive father pay $235 per week in child support retroactive to the filing of the divorce petition. The trial court did not abuse its discretion in determining support, and there was no error in the trial court’s division of debt.

Tickets for benefit dinner featuring journalist Bob Woodward now available

September 14, 2015

Reservations for the Indiana Bar Foundation’s 65th anniversary dinner are now available online.

COA affirms child support, debt division orders

September 14, 2015

The Indiana Court of Appeals Monday rejected an adoptive father’s argument that he was ordered through a dissolution order to pay too much in child support, including a retroactive amount creating an arrearage.

Judges to join students in Constitution Day celebration

September 14, 2015

Indiana appellate and trial court judges along with Indiana Supreme Court attorneys will be celebrating Constitution Day by visiting with more than 2,500 students across the state.

Kentucky clerk won’t interfere with gay marriage licenses

September 14, 2015

Clerk Kim Davis returned to work Monday for the first time since being jailed for disobeying a federal judge and said she was faced with a “seemingly impossible choice” between following her conscience and losing her freedom over denying marriage licenses to gay couples.

Pool appeal sinks Carmel homeowner deeper underwater

September 14, 2015

A Carmel homeowner who stopped paying a contractor over quibbles with an in-ground pool installation filed a lawsuit that flopped at the trial court. His appeal went no more swimmingly.

Opinions Sept. 11, 2015 ILD

September 11, 2015

Indiana Court of Appeals
Jordan Gray v. State of Indiana (mem. dec.)
49A05-1409-CR-424
Criminal. Affirms convictions of murder, a felony, and attempted murder, a Class A felony.

Opinions Sept. 11, 2015

September 11, 2015

Indiana Court of Appeals
Robert Blackford v. Boone County Area Plan Commission and Boone County Drainage Board
06A01-1410-MI-437
Miscellaneous. Affirms denial of Blackford’s oral request for a continuance made on the day of trial. Finds Blackford did not articulate any good cause for a continuance or show that he would be prejudiced.

Snarky former prosecutor no match for plan commission

September 11, 2015

A former prosecuting attorney who denied the truckloads of dirt dumped on his Boone County farm caused drainage problems got buried under a $519,400 fine.

A spate of deals brings work for M&A attorneys

September 11, 2015

A slew of deals were announced on Tuesday, representing an uptick in mid-size to multi-billion dollar deals in industries from media to hospitality. And of course that meant more work for transactional lawyers at many firms.

Indiana ceremony recalls victims of Sept. 11 terror attacks

September 11, 2015

Indiana's governor and first lady joined in a moment of silence during a ceremony marking the 14th anniversary of the Sept. 11 terrorist attacks.

Former head of Jared Foundation has court hearing

September 11, 2015

An Indiana man whose criminal case led to federal charges against former Subway pitchman Jared Fogle has appeared in court for an initial hearing on child exploitation charges.

COA upholds guest statute in auto injury case

September 11, 2015

An attempt to revive old constitutional arguments against Indiana’s guest statute failed to gain traction with the Indiana Court of Appeals.

COA reiterates Indiana has no private right of action in child abuse cases

September 11, 2015

Despite a mother’s assertion that she was actually filing a medical malpractice complaint, the Indiana Court of Appeals ruled her complaint was a private right of action for failure to report child abuse, which is not recognized in Indiana.

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