Loan repayment assistance now available
Applications for the John R. Justice Student Loan Repayment Program are due March 31 to the Office of the Indiana Attorney General.
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Law School Briefs; March 16, 2011
The third annual Equal Justice Works dinner at Indiana University School of Law – Indianapolis will take place April 9 at 6 p.m.; Research by the Indiana University Maurer School of Law’s Center on the Global Legal Profession was featured in an ABA Journal cover story titled “What Lawyers Earn”; Students at Indiana University School of Law – Indianapolis, along with students from other schools in central Indiana, have started a program to provide free legal services to residents of Indianapolis.
Bar Crawl – March 16, 2011
The Evansville Bar Association will celebrate Law Day 2011 in late April. On April 28, mock trials and a student lunch will take place; Applications for an October 2011 to October 2013 term on the Indiana State Bar Association board of governors are due April 1.
Encouraging diversity in CASA programs
Having volunteers and staff who can relate to families that interact with Court Appointed Special Advocates programs has proven invaluable to a number of county-level CASA programs in Indiana. Indianapolis-based Child Advocates Inc. received the National CASA Inclusion Award for its inclusion and diversity plan March 20 at the National CASA conference in Chicago.
Tablets, smartphones, and netbooks converge
It is obvious that tablet computers like the iPad and its many competitors are the hottest segment in mobile computing today. Today’s article will look at some of the approaches being taken toward the convergence between smartphones, tablets, netbooks and notebooks.
New Southern District magistrate named
An Indianapolis employment law attorney has been chosen as the newest U.S. magistrate judge for the Southern District of Indiana.
Misdemeanant challenges voting lockout
When a former town council member in northern Indiana was sentenced to county jail for two months on a misdemeanor battery conviction, he didn’t realize that experience would take away his right to vote.
Indianapolis lawyer is trustee on multi-state livestock bankruptcy case
Before taking on a livestock bankruptcy case stretching into multiple states and encompassing millions of dollars, Indianapolis attorney James Knauer hadn’t had much exposure to the cattle industry.
Opinions March 14, 2011 ILD
7th Circuit Court of Appeals
In Re: Gerald W. Davis Jr.; Linda Reeves v. Gerald W. Davis Jr.
10-2757
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Affirms District Court’s affirmation of the bankruptcy court ruling that Davis’ debt owed to Reeves was dischargeable. There was no finding of fraudulent intent on Davis’ part, as is required for the application of 11 U.S.C. Section 523(a)(2) to prevent Davis’ debt to Reeves from being dischargeable. The decision in United States v. Childs forecloses a challenge to the reasonableness of the traffic stop.
United States of America v. Willie McBride a/k/a William Reo Davis
10-2094
U.S. District Court, Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann.
Criminal. Affirms denial of motion to suppress following a traffic stop. The police officer did not violate McBride’s rights under the Fourth Amendment by detaining him beyond the time needed to complete the traffic stop.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Term. of Parent-Child Rel. of C.D. and K.D.; R.D. v. IDCS (NFP)
79A02-1008-JT-943
Juvenile. Affirms involuntary termination of parental rights.
James Larkin v. State of Indiana (NFP)
89A01-1007-CR-367
Criminal. Affirms aggregate sentence of 60 years, reverses the order that Larkin serve all 60 years as executed time in the Department of Correction and remands with instructions to issue an amended sentencing order and any other documents or chronological case summary entries necessary to impose a total sentence of 60 years with 50 years executed and 10 years suspended to probation. Judge Riley dissents.
City of Peru, et al. v. Matthew and Tracy Lewis (NFP)
85A04-1010-CT-611
Civil tort. Reverses denial of the City of Peru and other defendants’ motion for summary judgment regarding a negligence action brought by the Lewises. Remands with instructions to enter summary judgment in favor of the city defendants.
Teri and Robert Steinborn v. LaPorte County Board of Zoning Appeals, et al. (NFP)
46A04-1010-PL-657
Civil plenary. Affirms trial court ruling affirming the decision of the LaPorte County Board of Zoning Appeals that granted a special exception to Horvath Towers.
Donald King v. State of Indiana (NFP)
58A01-1007-CR-363
Criminal. Affirms revocation of probation.
Terry Lee Krzeminski v. State of Indiana (NFP)
76A03-1007-CR-390
Criminal. Affirms conviction of Class B felony possession of a firearm by a serious violent felon.
Sonya Barger v. State of Indiana (NFP)
49A04-1007-CR-435
Criminal. Affirms revocation of probation.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions March 14, 2011
7th Circuit Court of Appeals
In Re: Gerald W. Davis Jr.; Linda Reeves v. Gerald W. Davis Jr.
10-2757
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane Magnus-Stinson.
Civil. Affirms District Court’s affirmation of the bankruptcy court ruling that Davis’ debt owed to Reeves was dischargeable. There was no finding of fraudulent intent on Davis’ part, as is required for the application of 11 U.S.C. Section 523(a)(2) to prevent Davis’ debt to Reeves from being dischargeable. The decision in United States v. Childs forecloses a challenge to the reasonableness of the traffic stop.
7th Circuit reverses on relation back issue
A plaintiff attempting to sue his employer for breach of contract should have been able to file an amended complaint with relation back to the date of the original complaint in order to correct the defendant even though the statute of limitations had expired, the 7th Circuit Court of Appeals concluded today.
Judges affirm insurer has no duty to defend
The Indiana Court of Appeals agreed with the trial court that a homeowner’s insurance policy is clear that the ingestion of methadone by a guest at his house and his subsequent injuries are excluded from the policy’s liability coverage.
Appeals court to hear arguments at Indy high school
The Indiana Court of Appeals will visit Pike High School in Indianapolis this week to hear arguments in a case in which a man appeals his drug dealing conviction.
Opinions March 11, 2011 ILD
Today’s opinions
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Molly C. Wilson v. Charles W. Wilson (NFP)
62A04-1004-DR-269
Domestic relation. Affirms order dissolving marriage and distributing marital property.
Claudia Scott v. State of Indiana (NFP)
49A05-1006-CR-385
Criminal. Affirms on interlocutory appeal the denial of Scott’s motion to suppress.
Kenneth Hawkins v. Debra Hawkins (NFP)
49A05-1007-DR-446
Domestic relation. The trial court abused its discretion by assigning a value of $181,800 to Kenneth’s vested pension without consideration of the present value of the benefit. Affirms in all other respects. Remands for further proceedings.
Steven A. Ratliff v. Marlene M. (Ratliff) Bontzolakes (NFP)
41A01-1005-DR-242
Domestic relation. Dismisses Ratliff’s appeal of the trial court order that he pay for college expenses incurred by his daughter.
Justin Looney v. State of Indiana (NFP)
20A03-1007-CR-395
Criminal. Affirms conviction of Class A felony dealing in cocaine but reverses his sentence and remands for re-sentencing. The trial court abused its sentencing discretion in finding Looney’s juvenile record and his lack of steady employment to be an aggravating circumstance.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions March 11, 2011
Indiana Court of Appeals
Molly C. Wilson v. Charles W. Wilson (NFP)
62A04-1004-DR-269
Domestic relation. Affirms order dissolving marriage and distributing marital property.
High court taking applications for state public defender
The Indiana Supreme Court is now accepting applications for state public defender. The current state public defender, Susan Carpenter, is retiring in May.
7th Circuit takes girls’ basketball schedule case
The 7th Circuit Court of Appeals will decide whether several Indiana school corporations discriminate against girls’ basketball teams by scheduling more of their games on weeknights as compared to the boys’ basketball games.
Trial court should decide educational credit time
A trial court judge should be the one to determine whether a defendant who completes an educational degree before sentencing is entitled to educational credit time, the Indiana Supreme Court ruled Thursday.
Opinions March 10, 2011 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Paternity of X.K.T.; J.L.H. v. B.L.T. (NFP)
67A01-1005-JP-212
Juvenile. Dismisses father’s appeal of the trial court order against him finding him in contempt for failure to pay child support.
Robert Tillinghast v. State of Indiana (NFP)
15A01-1010-CR-556
Criminal. Revises sentence following guilty plea to Class D felony receiving stolen property. Remands to the trial court to suspend one year of the sentence to probation.
Term. of Parent-Child Rel. of P.L., A.L. v. I.D.C.S. (NFP)
20A04-1008-JT-483
Juvenile. Affirms involuntary termination of parental rights.
Dorothy Woods, et al. v. City of Muncie and Muncie Police Dept. (NFP)
18A04-1006-CT-358
Civil tort. Affirms summary judgment in favor of the City of Muncie and the Muncie Police Department in a suit for false imprisonment and other claims.
Earlie B. Berry, Jr. v. State of Indiana (NFP)
02A03-1006-CR-366
Criminal. Affirms sentence following guilty plea to Class D felony theft.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions March 10, 2011
Indiana Court of Appeals
Paternity of X.K.T.; J.L.H. v. B.L.T. (NFP)
67A01-1005-JP-212
Juvenile. Dismisses father’s appeal of the trial court order against him finding him in contempt for failure to pay child support.