Opinions Jan. 5, 2011
The Indiana Supreme Court, Court of Appeals, and Tax Court had posted no opinions at IL deadline.
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Articles
7th Circuit first to decide on resentencing, procedural rule issue
The 7th Circuit Court of Appeals today ruled on an issue that hasn’t been addressed by any of its counterparts nationwide, finding that sentencing guidelines revised three years ago still only give District judges one chance to modify penalties based on a federal criminal rule of procedure.
Justices appoint Terre Haute judge pro tempore
Judge Sarah K. Mullican was appointed by the Indiana Supreme Court as judge pro tempore in Terre Haute City Court, effective Jan. 1, 2011. She was previously the commissioner for the Title IV-D Court in Terre Haute, which deals with the non-payment of child support.
Justices take case involving stillborn fetus and Med-Mal Act
The Indiana Supreme Court granted transfer to a case in which the Indiana Court of Appeals ruled a mother of a stillborn fetus satisfied the actual victim requirement under the Medical Malpractice Act.
Supreme Court posts foreclosure best practices
The Indiana Supreme Court has posted best practices regarding mortgage foreclosures filed in Indiana. The Indiana attorney general also filed a petition with the Supreme Court supporting the best practices and asking for the Supreme Court to require those recommendations in mortgage foreclosure proceedings.
Opinions Jan. 4, 2011, ILD
Indiana Supreme Court posted no opinions before IL deadline.
Indiana Court of Appeals
Termination of Parent-Child Relationship of D.S., et al.; D.H. & D.S. v. Indiana Department of Child Services (NFP)
20A04-1006-JT-377
Juvenile. Affirms termination of parent-child relationship of D.H. (mother) and D.S. (father) and their eight children.
Indiana Tax Court posted no opinions before IL deadline.
The Indiana Supreme Court granted one transfer and denied three for the week ending Dec. 31, 2010.
Opinions Jan. 4, 2011
7th Circuit Court of Appeals
USA v. Timothy Redd
09-3799
U.S. District Court for the Northern District of Indiana, Fort Wayne Division, Judge Theresa L. Springmann
Criminal. Affirms District Court’s denial of Redd’s successive §3582(c)(2) motion to reduce his sentence. Redd’s sentence was reduced from 405 months to 327 months after the Sentencing Commission made the reduction in the guideline ranges for crack offenses retroactive. In a motion filed 10 months after his sentence was reduced, Redd claimed his reduction was not as much as it should have been. 7th Circuit concludes Redd let the time for reconsideration or appeal of the district judge’s resentencing expire without action.
IBA: Court employee honored
Chief Justice Shepard presented the Distinguished Hoosier Award on behalf of Governor Mitch Daniels to Judy Glaze, a thirty-plus year court employee in Criminal Court 4 and Civil Court 13.
Hickey: Be One. Have Fun. Thank You.
A year ago, I began my IndyBar presidency with three simple messages: Be One. Have Fun. Thank You.
IBA: Classic Techniques for Controlling Challenging Witnesses
From the onset, let the witness know that you know the case, and you know the facts, better than he does.
IBA: Foundation Closes Year by Presenting Scholarships
Each year, the Indianapolis Bar Foundation presents scholarships to deserving law students, fulfilling its mission to advance justice and lead positive change in Indianapolis.
IBA: Wentworth Named Indiana Tax Court Judge
Governor Mitch Daniels has selected Indianapolis Bar Association member Martha B. Wentworth as the next Indiana Tax Court judge. Wentworth replaces Judge Thomas G. Fisher, who retired from the court on January 1.
Judge Margret Robb to lead Indiana Court of Appeals
Though she’s been on the appellate bench for 12 years, Judge Margret Robb is now adding a new distinction to her judicial title.
In-house counsel for Simon Property Group embraces the legalities of shopping
Going to the mall isn’t an off-hours activity for Jason Schiesser.
Talk to a Lawyer needs volunteers, EBA moves
The Talk to a Lawyer even on Jan. 17 still needs volunteers; the Evansville Bar Association recently moved and is promoting a tribute for an attorney who died in November 2010.
Climate litigation focus of lecture
Civil Litigation as a Tool for Regulating Climate Change will be the topic of the 25th Annual Monsanto Lecture on Tort Law & Jurisprudence at Valparaiso University School of Law on Feb. 18.
Offensive language results in disciplinary actions
Complaints based on a misconduct rule regarding how an attorney could offend others through prejudicial words or actions resulted in disciplinary orders in May and December 2010.