Lawyers look to Internet, social media for clues
Surveying social media is becoming more common in trial preparation.
neglect
Articles
Law school unveiling joint JD/MD degree
Indiana University School of Law – Indianapolis and the IU School of Medicine have partnered to create the first joint JD/MD degree program in the state. Educators are fine-tuning the details of the program and plan to begin promoting it soon.
Hail creates firestorm for State Farm
Hailstorm damages more than property, resulting in $14.5 million defamation verdict against the insurer.
Fight over judicial salaries raises separation of powers questions
Questions arise as to whether legislative or executive branch tinkering with judicial salaries interferes with the courts’ constitutional duties and infringes on judicial independence.
Ruling against local planning, zoning officials has statewide implications
Deciding where the planes fly in or out of an airport and how land and buildings are used on airport grounds became the pivotal issue in a recent lawsuit in Marion Superior Court.
Class action alleges UPL
The plaintiffs’ lawyers will use the United Financial decision from the Indiana Supreme Court to make their argument.
Indianapolis attorney creates rescue mission for displaced children
Tim Rowe enjoys practicing law but also wants to help others around the world.
Opinions July 18, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Donald Troutner v. State of Indiana
91A04-1012-CR-796
Criminal. Reverses conviction of Class A misdemeanor battery and concurrent sentence because the state presented the same evidence to also support Troutner’s conviction of Class B felony robbery. The trial court erred when it limited the testimony of Troutner’s niece, but it was a harmless error, so the robbery conviction is affirmed.
BP Products North America, et al. v. Indiana Office of Utility Consumer Counselor, et al.
93A02-0905-EX-490
Agency action. On rehearing, reverses the Indiana Utility Regulatory Commission’s decision that BP Products was not a public utility with respect to the furnishing by it of natural gas it purchased from the Northern Indiana Public Service Co. to Marsulex. The COA declared this issue to be moot as a result of the resolution of other issues on appeal, which was an incorrect conclusion. Remands for further proceedings and affirms original decision in all other matters.
Donald Glorioso v. Carla Glorioso (NFP)
64A03-1012-DR-620
Domestic relation. Affirms finding Donald Glorioso in contempt of court in a dissolution matter.
Gregory D. Harris v. State of Indiana (NFP)
49A04-1012-CR-787
Criminal. Affirms revocation of placement on home detention.
Vincent B. Hunter, Jr. v. State of Indiana (NFP)
71A04-1012-CR-788
Criminal. Affirms convictions of Class B felony burglary and Class D felony animal cruelty.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions July 18, 2011
Indiana Court of Appeals
David Delagrange v. State of Indiana
49A02-1010-CR-1086
Criminal. Affirms partial denial of motion to dismiss. The state has alleged that Delagrange knowingly or intentionally attempted to create an image of sexual conduct, which is a sufficient statement of Delagrange’s mental state to survive a motion to dismiss. Remands for further proceedings. Judge Baker dissents.
Appeals court splits on new sentence modification issue
An inmate’s request for a sentence modification has divided the Indiana Court of Appeals, with the majority concluding that the 365-day period during which a trial court could grant a modification begins when someone is originally sentenced, not re-resentenced after a successful appeal.
Judge: Man did not commit attempted child exploitation
The Indiana Court of Appeals split on whether a man committed attempted child exploitation when he tried to take pictures up teenagers’ skirts at a mall using a camera attached to his shoe.
Foster Family day July 20 at museum
The Indiana Department of Child Services is teaming up with the Indianapolis Colts and The Children’s Museum of Indianapolis for an event for Indiana foster families July 20. Licensed foster families will receive free admission and will be able to visit with the Colts’ mascot and get autographs from Colts cheerleaders.
Judges examine estate case involving will, self-proving clause
Deciding on an issue of first impression regarding the proper execution of a person’s will, the state’s second-highest appeals court has determined the Indiana General Assembly doesn’t want validly signed wills and self-proving clauses to be set aside lightly.
Attorneys to get big cut of $300K OmniSource settlement
An OmniSource executive says the company wouldn't have made the settlement with the Marion County prosecutor if it knew more than a third of the cash wouldn't be going to Indianapolis police for training programs.
Court decides 2nd marijuana-odor case in 2 days
Continuing a line of holdings during the past decade, the Indiana Court of Appeals has clearly stated that the odor of raw marijuana can be enough for police to search someone during a valid traffic stop.
Opinions July 15, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Myron Pryor v. State of Indiana (NFP)
49A02-1009-CR-1176
Criminal. Affirms denial of petition for permission to file a belated notice of appeal.
Shamar D. Shelton v. State of Indiana (NFP)
02A03-1010-CR-571
Criminal. Affirms conviction of Class D felony receiving stolen property.
Term. of Parent-Child Rel. of A.M.C.; A.C. v. I.D.C.S. (NFP)
28A01-1102-JT-81
Juvenile. Affirms involuntary termination of parental rights.
Meshach Berry v. State of Indiana (NFP)
49A02-1011-CR-1218
Criminal. Reverses denial of permission to file a belated notice of appeal. Remands for further proceedings.
Jason L. Clark v. State of Indiana (NFP)
49A02-0810-CR-949
Criminal. Affirms convictions of murder, Class D felony criminal recklessness, and Class A misdemeanor carrying a handgun without a license.
Gary Singleton v. State of Indiana (NFP)
20A03-1010-CR-575
Criminal. Affirms convictions of Class A felony dealing in cocaine and Class A misdemeanor possession of marijuana.
Rodney R. Jett v. State of Indiana (NFP)
24A01-1012-CR-24
Criminal. Affirms sentence of six years for Class C felony battery.
Aaron Fromer v. State of Indiana (NFP)
03A04-1008-CR-520
Criminal. Affirms denial of petition for additional credit time.
Jeffrey Cole v. State of Indiana (NFP)
49A02-1011-CR-1215
Criminal. Affirms conviction of Class A misdemeanor criminal trespass.
Shane Cummings v. State of Indiana (NFP)
20A03-1009-CR-537
Criminal. Affirms convictions of five counts of child molesting – one as a Class C felony, three as Class A felonies, and one as a Class B felony.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions July 15, 2011
Indiana Court of Appeals
Estate of Wilgus S. Gibbs, Sr.
81A01-1011-ES-560
Estate. Affirms grant of summary judgment in favor of Wilgus Gibbs Jr., individually and as a personal representative of the estate and executor of the will of Wilgus Gibbs Sr. Gibbs Sr.’s granddaughters failed to rebut the presumption of regularity in the execution of his will that is established by the self-proving clause. There is also no evidence of undue influence or that the will was the result of a mistake or fraud.
Opinions July 14, 2011 ILD
The following 7th Circuit Court of Appeals opinion was poster after IL deadline:
Phillip A. Collins, on behalf of himself and all others similarly situated v. America’s Servicing Co.
10-2962
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Robert Miller Jr.
Civil. Affirms summary judgment for America’s Servicing Co. on Collins’ breach of contract claim and claim that ASC violated the Indiana’s Home Loan Practices Act. ASC had the right at all times, under the original contract and both forbearance agreements, to charge Collins late fees and report his late payments. He cannot prove that ASC knowingly or intentionally made a material representation or concealed information because the plain language of the forbearance agreements made clear that all the provisions of the original mortgage applied.
Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Great Lakes Transfer, LLC, et al. v. Porter County Highway Dept., et al.
46A03-1010-PL-554
Civil plenary. Affirms the trial court lacked subject matter jurisdiction to review the Porter County Highway Department’s denial of applications for a driveway permit. The highway department’s review of Great Lakes Transfer’s application for a driveway permit was a discretionary administrative act and not a decision subject to judicial review.
Kraig Eric Burgan v. State of Indiana (NFP)
18A05-1012-CR-737
Criminal. Affirms sentence following guilty plea to Class C felony child molesting.
Karl Neil Robinson v. State of Indiana (NFP)
20A03-1011-CR-610
Criminal. Affirms denial of motion to correct erroneous sentence.
Sheldon C. McAuley v. State of Indiana (NFP)
02A03-1011-CR-646
Criminal. Affirms convictions of Class C felony battery, Class D felony residential entry, and Class A misdemeanor interference with the reporting of a crime.
James M. Mrozinski v. State of Indiana (NFP)
46A04-1004-CR-260
Criminal. Affirms convictions of Class B felonies robbery and burglary.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions July 14, 2011
7th Circuit Court of Appeals
United States of America v. Nathaniel Josiah Worden
10-3567
U.S. District Court, Northern District of Indiana, Hammond Division, Judge Joseph Van Bokkelen.
Criminal. Dismisses appeal of District Court’s order that Worden pay approximately $500,000 in restitution to one of the victims of his offense. The restitution order falls within the scope of the appellate waiver in Worden’s plea agreement to one count of advertising child pornography.