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Opinions April 22, 2015

April 22, 2015

Indiana Court of Appeals
William I. Babchuk, M.D., P.C., d/b/a Babchuk Imaging, P.C., and William I. Babchuk v. Indiana University Health Tipton Hospital, Inc., d/b/a Indiana University Health Tipton Hospital
80A04-1409-PL-447
Civil plenary. Reverses order dismissing Babchuk’s complaint of breach of contract for failure to prosecute under Trial Rule 41(E). While the trial court would have had discretion to dismiss Babchuk’s case for failure to prosecute had a timely motion been filed, the hospital did not file its motion to dismiss before Babchuk had resumed prosecution of his case. Remands for further proceedings.

Court reverses convictions from robbery due to double jeopardy concerns

April 22, 2015

Three of a man’s eight convictions stemming from his robbery of acquaintances were reversed or reduced because the convictions or elevated classes were based on the same elements of the crime, the Indiana Court of Appeals held Wednesday.

Attorney did not breach any duty owed to Conour clients

April 22, 2015

An Indianapolis attorney who spent several years working in a firm with attorney William Conour satisfied his legal duty to clients of Conour based on his lack of knowledge of any specific wrongdoing by Conour related to the clients, the Indiana Court of Appeals ruled. Conour is currently in federal prison for stealing from client settlement funds.

Ball State students learn secrets behind cyber forensics

April 22, 2015

If any computers or smartphones were to be confiscated during the investigation of recent identity thefts at Ball State University, BSU instructor Vinayak Tanksale's students would know what to do before examining the evidence.

Indiana Senate backs bill loosening rules on wine sales

April 22, 2015

Indiana residents will have an easier time having wine shipped to their homes under a bill approved by state lawmakers.

Hospital’s 41(E) motion not timely filed, rules COA

April 22, 2015

The Indiana Court of Appeals decided in a case of first impression that a hospital, which filed its Ind. Trial Rule 41(E) motion to dismiss on the same day the plaintiff resumed prosecution of the case, did not timely file its motion.

High court makes it easier to sue government for negligence

April 22, 2015

The Supreme Court of the United States on Wednesday made it easier for people to sue the federal government for negligence, in a decision that could affect military veterans with claims of medical malpractice.

COA: Man can petition for sentence modification under new statute

April 22, 2015

The Indiana Court of Appeals decided Wednesday that a man sentenced in 2006 could petition for a sentence modification under a new 2014 statute that no longer required prosecutorial consent. But the judges decided that his petition for sentence modification should be denied.

Teen must pay restitution despite terminated probation

April 22, 2015

In a case of first impression, the Indiana Court of Appeals held that an Indianapolis teen is still required to pay restitution to the person he was involved in an auto accident with, even though the juvenile court discharged him from probation.

Opinions April 21,2015 ILD

April 21, 2015

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of: J.G. (Minor Child), and A.S. (Mother) v. The Indiana Department of Child Services (mem. dec.)
18A02-1409-JT-690
Juvenile. Affirms termination of the parental rights of the mother, A.S., to her child, J.G.

Timothy M. Roberts, Jr. v. State of Indiana (mem. dec.)
89A05-1410-CR-500
Criminal. Affirms conviction of child molesting, a Class A felony.

Mary Stephens v. State of Indiana (mem. dec.)
29A04-1409-CR-453
Criminal. Affirms conviction of theft, a Class D felony.

Javon Thomas v. State of Indiana (mem. dec.)
71A04-1408-CR-362
Criminal. Affirms conviction for murder, a felony; the 55-year sentence, and the 55-year sentence enhancement for criminal gang affiliation.

Criminal code revision gives no sentence relief for prior $30 theft

April 21, 2015

A LaGrange County man sentenced to two years executed for convictions of Class D felony counts of theft and attempted theft got no relief from his argument that the criminal code revisions enacted after his conviction would have been more lenient.

Opinions April 21, 2015

April 21, 2015

7th Circuit Court of Appeals
United States of America v. Kenneth Sandidge
14-1492
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Rudy Lozano.
Criminal. Affirms four-level enhancement for conviction of felon in possession of a firearm because it was in connection with another felony, and denial of three-level reduction for accepting responsibility. Remands to the trial court to vacate conditions of supervised release, which in accord with recent 7th Circuit holdings must be imposed to fit the particular circumstances of the defendant being sentenced.

COA tosses treble damages since access was not denied

April 21, 2015

A feuding neighbor who twice entered the property next to hers to unplug a sump pump will not have to pay treble damages because the Indiana Court of Appeals found she did not commit criminal trespass.

Appeals court affirms judgment for Valpo frat in student fight

April 21, 2015

A fraternity fight between two Valparaiso University students who had clashed before is not grounds to hold the local or national fraternities responsible for one of the student’s injuries.

Possession of precursors ruled lesser-included offense of greater crime

April 21, 2015

A man who fled his car and left a “Nazi method” methamphetamine lab behind for police to find was able to get part of his conviction overturned because officers did not find any of the actual illegal drug.

City will push criminal justice center proposal at next council meeting

April 21, 2015

The proposed Indianapolis criminal justice center plan was not placed on the agenda of Monday’s City-County Council meeting, but Mayor Greg Ballard will seek to gather votes to pass the divisive 35-year private-public partnership next month. Ballard’s statement drew a rebuke from council chairwoman Maggie A. Lewis.

Disbarment order details lawyer’s profane, intimidating rants

April 21, 2015

Suspended Fort Wayne attorney R. Mark Keaton for years left profanity-laced voicemails and emails that threatened and harassed his daughter’s college roommate with whom he had developed an intimate relationship a decade ago. He was disbarred Tuesday.

7th Circuit affirms sentence, vacates release conditions

April 21, 2015

A Gary felon who tried to force a woman at gunpoint to have sex with him was not improperly sentenced to a federal term of 92 months in prison on top of his state court conviction for pointing a weapon, the 7th Circuit Court of Appeals ruled Monday.

IndyBar: Register today for Bench Bar 2015!

April 21, 2015

Call it Bench Bar 2.0: the event IndyBar members have grown to love over the last 20 years is back and better than ever, with nationally known speakers and a rejuvenated format featuring quick-hitting, high-impact TEDTalk style sessions on fresh, thought-provoking topics.

IndyBar: Help the Homeless: Pro Bono Training and Free CLE Available at Upcoming Program

April 21, 2015

Many people who call Indy home need legal assistance – even those without a home to live in. Attorneys have the opportunity to help homeless individuals with their legal issues, and an upcoming IndyBar program on April 29 will provide the training to do so.

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