Indiana Court of Appeals
Phillip Forman v. Wayne Penn, et al.
33A01-1007-CT-343
Civil tort. Dismisses appeal because it isn’t certified for interlocutory appeal or authorized as an appeal from a final judgment pursuant to Ind. Trial Rule 54(B).
The Court of Appeals today found that student loan funds that had been deposited in a personal account were exempt when it came to whether those funds could be taken from a defendant’s bank account to satisfy a judgment regarding legal fees the defendant owed to the plaintiff.
The Indiana Court of Appeals has reversed the parental right termination decision made by a trial court, ruling that both the court and Indiana Department of Child Services in Porter County denied a biological father his due process by not notifying him of CHINS proceedings that ultimately led to his paternal rights being taken away.
To help a diverse group of 2L students find summer employment in central Indiana, and to help Indianapolis-area employers connect with diverse, qualified students looking for summer associate positions, the Indianapolis Bar Association hosted its third diversity job fair at a downtown Indianapolis hotel in August.
The Indiana Court of Appeals ruled today that lawmakers didn’t intend to allow parents to establish joint custody with third parties under Indiana Code Section 31-17-2-3 by simply filing a joint petition with a trial court. Doing so would allow parents and third parties to circumvent the requirements of the Adoption Act.
The following opinion was posted after yesterday’s deadline:
Indiana Tax Court
Shelby County Assessor v. Shelby’s Landing-II, LP (NFP)
49T10-1004-TA-17
Tax. Affirms the final determination of the Indiana Board of Tax Review that valued Shelby’s Landing – II LP’s two apartment complexes at $3,742,500 for the 2006 tax year (the year at issue). At issue was whether the Indiana Board’s final determination was arbitrary and capricious or not supported by substantial evidence.
Today’s opinions
Indiana Supreme Court posted no opinions before IL deadline.
Indiana Court of Appeals
Donald E. Williams v. State of Indiana
49A05-1004-CR-224
Criminal. Affirms revocation of placement in home detention. Williams raised one issue: whether the trial court abused its discretion by admitting a urinalysis report and a home detention monitoring report into evidence.
Paul Schulz v. Karen Spoor (NFP)
64A03-1005-PO-316
Protective order. Affirms order of protection against Schulz that Spoor filed against him.
Brian K. Ruby v. State of Indiana (NFP)
34A02-1007-CR-730
Criminal. Affirms convictions of Class A felony dealing methamphetamine, Class A felony dealing cocaine, Class B felony dealing a schedule III controlled substance, Class C felony dealing in a schedule IV controlled substance, and Class A misdemeanor possession of marijuana.
Billy J. Lemond v. Allan Finnan, et al. (NFP)
48A02-1005-SC-595
Small claims. Reverses and remands small claims court’s dismissal of Lemond’s claim against the Pendleton Correctional Facility. The appellate court concluded Lemond had a sufficient claim against PCF, but not the individual employees.
Erica Williams-Darden v. State of Indiana (NFP)
71A03-1005-CR-268
Criminal. Affirms sentence imposed after Williams-Darden pleaded guilty to theft, a class D felony; and battery, a class B misdemeanor.
State of Indiana Department of Family Services, et al. v. J.D., et al. (NFP)
82A04-1006-CT-364
Civil tort. Reverses and remands trial court’s order denying Vanderburgh County Prosecutor’s Office’s motion to set aside the default judgment entered in favor of the appellees-plaintiffs on the appellees’ complaint against VCPO and other defendants. Concludes VCPO met its burden under Trial Rule 60.
Scott R. Jones v. State of Indiana (NFP)
48A02-1006-PC-668
Post-conviction. Affirms post-conviction court’s denial of petition for post-conviction relief.
Christopher Edwards v. State of Indiana (NFP)
27A02-1002-CR-138
Criminal. Affirms convictions of Class B felony causing death while operating a motor vehicle with an alcohol concentration equivalent greater than 0.08 and Class B felony causing death while operating a motor vehicle with cocaine in the blood.
Jose Caballero v. State of Indiana (NFP)
49A02-1003-CR-367
Criminal. Affirms convictions of Class B felony criminal confinement, Class C felony battery, and Class A misdemeanor battery.
Carol Long-Switalski v. Wendeline Switalski (NFP)
71A05-1004-CC-270
Civil. Reverses and remands for recalculation of Wendeline’s damages to exclude charges from restaurants, gas stations, and convenience stores, which he authorized Carol to make on his credit card.
Ronald Cox v. State of Indiana (NFP)
49A02-1005-CR-494
Criminal. Affirms conviction of Class C felony prisoner possessing dangerous device or material.
Rick J. Deeter v. Haynes International, Inc. (NFP)
34A02-1004-PL-395
Civil. Affirms trial court’s order granting the motion to dismiss filed by Haynes International, Inc.
Emilio Mitchell v. State of Indiana (NFP)
49A02-1005-CR-480
Criminal. Affirms conviction of resisting law enforcement, a Class D felony.
Elbert Wright v. State of Indiana (NFP)
49A02-1004-CR-440
Criminal. Affirms conviction of operating a vehicle while intoxicated, a Class D felony.
Jeffrey Leonard McCrory v. State of Indiana (NFP)
48A05-1003-CR-177
Criminal. Affirms convictions of and sentence for burglary, a Class B felony; and theft, a Class D felony.
Porter County Board of Zoning Appeals v. Lamar Advertising Northwest Indiana (NFP)
64A04-1003-PL-186
Civil. Affirms trial court’s approval of an improvement location permit sought by Lamar Advertising Northwest Indiana.
Keith Billingsley v. State of Indiana (NFP)
49A05-1003-PC-207
Post-conviction. Affirms denial of petition for post-conviction relief.
Charles J. Gooch v. State of Indiana (NFP)
49A02-1004-CR-382
Criminal. Affirms conviction of dealing in a controlled substance, a Class B felony.
Indiana Tax Court posted no opinions before IL deadline.
Indiana Court of Appeals
M.S. v. C.S.
03A01-1003-DR-140
Domestic relation. Affirms trial court’s order to vacate a previous order granting M.S. joint legal custody of and parenting time with S.S., a child born to C.S., M.S.’s former domestic partner of more than 10 years. M.S. appealed and raised three issues: whether the trial court erred in vacating its prior custody and visitation order; whether the trial court abused its discretion by modifying custody of S.S. without a petition to modify or a showing of a substantial change in circumstances; and whether the trial court abused its discretion in denying M.S. parenting time.
Bar associations and pro bono districts are working together to encourage attorneys to sign up to participate in the annual statewide Talk to a Lawyer Today event taking place Jan. 17, 2011. Free CLE, which is offered in December and January to lawyers who volunteer their time with TTALT but is not required to participate in the event, is a video replay of a CLE that originally took place in Indianapolis in October.
Bar associations and pro bono districts are working together in December and January to promote replays of a CLE for attorneys who want to participate in the annual statewide Talk to a Lawyer Today event taking place Jan. 17, 2011.
The Defense Trial Counsel of Indiana named its 2011 officers and new directors at its Seventeenth Annual Conference and Annual Meeting in Michigan City November 18-19.
The Indiana Department of Child Services has agreed not to cut subsidies for foster and adoptive parents and other caregivers as part of a class-action settlement in federal court.
Photos from the Litigation Section’s 2010 Litigation Judicial Reception.
Following aggressive advocacy by organized bar associations around the country, the end is in sight regarding how the Federal Trade Commission should apply the “Red Flags Rule.” The U.S. Senate voted last week to clarify the rule so that lawyers are clearly not included.
The Indianapolis Bar Association’s website contains a Document Library of over 100 legal forms for use by members. These online forms are “fill in the blank” and print as ready to use documents.
When it comes to hiring for paralegal positions, knowledge of a specific practice area is the most desirable attribute, according to 66 percent of lawyers interviewed recently by staffing firm Robert Half Legal.
This is an exciting time of year and as I sat down to write this article, it became clear to me how important it is to have things to look forward to, things you can count on.
Why should you join or renew? Because it pays to associate.