neglect
Articles
Valpo, Indy law host lecture, event
Valparaiso University School of Law hosts lecture on same-sex marriage; Indiana University School of Law – Indianapolis hosted an environmental event.
Diversity issues affect family law
While family law cases can be complicated – especially if children are involved and a case has ended up in front of a judge after the parties couldn’t come to an agreement on their own through mediation – the issues only get more complicated when fundamental differences exist between the parties.
New national act would address adult guardianship matters
New law changes are on the horizon in order to create more uniform guardianship laws throughout the country and reduce conflicts between states.
New federal judge sworn in, robed
U.S. Judge Jon DeGuilio took his oath and was officially sworn in Oct. 29 as the newest member of the U.S. District Court, Northern District of Indiana, where he’ll preside in the South Bend division.
Brizzi disciplinary case delayed again
By the time Marion County Prosecutor Carl Brizzi faces a disciplinary hearing on alleged misconduct about how he publicly discussed pending cases, he’ll have finished his term and will no longer be prosecutor in the state’s largest county.
Second Century suit can proceed
A Marion Superior judge has lifted a stay on the litigation involving East Chicago’s accounting and use of casino revenue, allowing the state to proceed with discovery and ask the court to require a for-profit organization to turn over documents relating to millions in casino revenue.
Agency wants one-year suspension
The Indiana Supreme Court’s Disciplinary Commission argues that a hearing officer’s recommendation of a public reprimand against Delaware County Prosecutor Mark McKinney is inadequate and the elected official should receive a one-year suspension.
Lawyer sentenced on child porn case
Anderson attorney Samuel Hasler, who pled guilty to a pair of child pornography charges, has received a 151-month sentence, meaning he’ll spend more than 12 years behind bars and then face a lifetime of supervised release.
Pipeline programs to improve diversity
When high school students don’t know attorneys or judges, it’s less likely they’ll know how to become attorneys or judges. This is particularly true in urban neighborhoods. To counter that, diversity pipeline programs are being created to encourage more ethnic and racial diversity in the legal profession.
Giving a gift of life
For some, when a family member needs something, there’s no doubt that the right thing to do is step up and give. That was the case with two members of the legal community.
Commission sends 3 names as finalists for Tax Court opening
Within two months, Indiana will have a new state tax judge for only the second time ever.
Human trafficking cases on the rise in Indiana
While it may still be an issue under the radar of many Hoosiers, human trafficking seems to be thriving in Indiana.
New advertising rule on law firm monikers sparks concern
New attorney advertising rules adopted recently by the Indiana Supreme Court have some lawyers throughout the state worried that they’re being forced to change their law firm names from what’s historically been allowed.
Commission sends Tax Court finalists’ names on to governor
The Indiana Judicial Nominating Commission submitted the names of the three finalists for the Indiana Tax Court to Gov. Mitch Daniels Friday.
SCOTUS reverses 7th Circuit a second time on capital case
An Indiana case has prompted the nation’s highest court to reiterate that federal courts can’t issue any writ of habeas corpus to state prisoners whose confinements do not violate U.S. law.
Opinions Nov. 8, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Branton Homsher v. State of Indiana (NFP)
54A01-1003-CR-116
Criminal. Affirms convictions of and sentences for Class B felony aggravated battery and Class B felony neglect of a dependent.
A.L.C. v. J.H. (NFP)
82A01-1003-DR-149
Domestic relation. Affirms denial of mother’s petition to modify custody and order that her parenting time continue to be supervised. Remands with instructions to hear evidence regarding the parents’ respective abilities to pay the cost of mother’s supervised visitation in determining who shall pay the weekly South Evansville Community Outreach fees if no other suitable, less costly arrangement can be accomplished.
Jonathan Grider, Sr. v. State of Indiana (NFP)
16A01-1005-CR-246
Criminal. Affirms sentence following guilty plea to Class B felony manufacturing methamphetamine.
Julian D. Grady v. State of Indiana (NFP)
02A03-1003-CR-174
Criminal. Affirms conviction of Class B felony robbery.
Nicholas N. Harless v. State of Indiana (NFP)
48A02-1001-CR-163
Criminal. Affirms revocation of probation.
Brandon D. Lange v. State of Indiana (NFP)
49A04-1003-CR-167
Criminal. Affirms convictions of five counts of Class A felony child molestation and three counts of Class C felony child molestation. Reverses adjudicating Lange to be a credit restricted felon and remands for further proceedings.
Alan Akers v. State of Indiana (NFP)
49A02-1003-CR-357
Criminal. Affirms conviction of Class A misdemeanor patronizing a prostitute.
Paul Dodson v. State of Indiana (NFP)
48A05-1002-CR-123
Criminal. Affirms revocation of work release.
Harvey O. Coffey, Jr. v. State of Indiana (NFP)
53A04-1005-CR-316
Criminal. Affirms sentence following guilty plea to one count of Class A felony child molesting and one count of Class B felony child molesting.
Noble Adigbli v. Dave Novak, d/b/a Novak & Co. LLC d/b/a Steamshowers4less.com (NFP)
45A05-0912-CV-698
Civil. Affirms judgment in favor of Novak on Adigbli’s suit for alleged expenses he incurred including lender charges associated with the delay and labor charges to dismantle the unserviceable steam shower, install a replacement, and repair drywall.
Matthew Holland v. State of Indiana (NFP)
49A04-1004-CR-218
Criminal. Reverses order granting Holland’s petition requesting permission to file a belated notice of appeal and dismisses his appeal.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court denied transfer to eight cases for the week ending Nov. 5.
Opinions Nov. 8, 2010
Indiana Court of Appeals
Timothy Cranston v. State of Indiana
29A02-1003-CR-374
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated with an alcohol concentration of 0.15 or greater. The admission of the Datamaster machine printed ticket stating his BAC without live testimony from the equipment technician didn’t violate Cranston’s Sixth Amendment right to confrontation.
Court divided on invasion of privacy charge
The Indiana Court of Appeals split today as to whether a woman who had an order for protection against her should have been convicted of invasion of privacy when she spoke to the protected party during a court hearing.
Ticket can’t constitute ‘testimonial hearsay’
Because a chemical breath-test evidence ticket is a mechanically produced readout that can’t be considered “testimonial hearsay” under U.S. Supreme Court precedent, the Indiana Court of Appeals held a man’s Sixth Amendment rights weren’t violated when the equipment technician didn’t testify at his drunk-driving trial.