Senate panel OKs Indy attorney for U.S. Attorney
An Indianapolis attorney has gotten the approval of a key congressional judiciary panel to become the new U.S. Attorney for the Southern District of Indiana.
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Attorney found guilty but mentally ill in attack
A Hamilton County jury found an attorney guilty but mentally ill on the five counts he faced following his attack on a state representative nearly a year ago.
Opinions Sept. 15, 2010 ILD
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Alexander Gatzimos, M.D. v. Boone County and State of Indiana
06A05-0911-CV-664
Civil. Grants the state’s motion to dismiss Dr. Gatzimos’ appeal of the trial court order denying his petition for expungement. Remands to the trial court to allow Gatzimos the opportunity to present admissible evidence as to whether his charges were dismissed because of mistaken identity; no offense was actually committed; or there was an absence of probable cause.
William Nolan v. City of Indianapolis
49A02-1002-CT-192
Civil tort. Affirms summary judgment for the City of Indianapolis. The COA holding in Nolan’s criminal appeal that his arrest was lawful precludes him from re-litigating that issue in a civil case brought by him for false arrest and false imprisonment.
Phyllis Woodsmall, et al. v. Lost Creek Township Conservation Club, Inc.
84A01-1001-PL-33
Civil plenary. Affirms judgment denying homeowners injunctive relief on Woodsmall and the other’s nuisance claim. The evidence doesn’t lead solely to the conclusion that Lost Creek used its property to the detriment of the homeowners.
Joshua H. Field v. State of Indiana (NFP)
67A05-1003-CR-262
Criminal. Reverses conviction of Class A misdemeanor intimidation and remands with instructions to vacate this conviction and sentence.
N.L., Alleged to be CHINS; B.L. v. Marion County DCS and Child Advocates (NFP)
49A02-1002-JC-140
Juvenile. Affirms determination that N.L. is a child in need of services.
Kyle Kiplinger v. State of Indiana (NFP)
62A01-1004-CR-195
Criminal. Affirms 65-year sentence for murder imposed during a re-sentencing hearing.
Michael Hay v. State of Indiana (NFP)
49A04-1002-CR-90
Criminal. Affirms sentence following guilty plea to Class D felony theft.
Dennis Roberson v. State of Indiana (NFP)
27A04-1001-PC-102
Post conviction. Affirms denial of petition for post-conviction relief.
Quentin A. Spencer v. State of Indiana (NFP)
20A04-1002-CR-62
Criminal. Affirms convictions of Class D felonies fraud and theft.
Neil A. Short v. State of Indiana (NFP)
32A01-1002-CR-54
Criminal. Affirms conviction of sexual misconduct with a minor as a Class C felony.
George D. Harding, II v. State of Indiana (NFP)
18A05-1003-CR-202
Criminal. Affirms convictions of two counts of sexual misconduct with a minor as Class C felonies.
Lusako G. Musopole v. State of Indiana (NFP)
71A03-1002-CR-71
Criminal. Affirms conviction of Class D felony operating a vehicle while intoxicated.
Maurits Wiersema v. Lisa (Wiersema) Bauman (NFP)
02A03-0912-CV-571
Civil. Affirms valuation of Wiersema’s IMAGI holdings at the time of final separation at $1,000,000.00, including 2007 tax refunds in the marital estate, assigning half of the Sycamore Hills membership to Bauman, assigning the Bauman Investment to Bauman, and assessing GAL fees. Reverses decision to include unvested portions of Wiersema’s IMA 401(k) in the marital estate and failure to assign liability for half of certain property taxes paid post-filing by Wiersema to Bauman. Remands to revise the final dissolution order so as not to include the unvested portions of Wiersema’s 401(k) in the marital estate, assign half of the property tax liability to Bauman, and recalculate the distribution of the marital estate as appropriate.
Robert Coslet v. State of Indiana (NFP)
45A03-1003-CR-147
Criminal. Affirms sentence imposed after revocation of probation.
Indiana Tax Court had posted no opinions at IL deadline.
Opinions Sept. 15, 2010
Indiana Court of Appeals
Alexander Gatzimos, M.D. v. Boone County and State of Indiana
06A05-0911-CV-664
Civil. Grants the state’s motion to dismiss Dr. Gatzimos’ appeal of the trial court order denying his petition for expungement. Remands to the trial court to allow Gatzimos the opportunity to present admissible evidence as to whether his charges were dismissed because of mistaken identity; no offense was actually committed; or there was an absence of probable cause.
Indiana gets new federal magistrate
For the first time since the early 1980s, the Southern District of Indiana has gotten approval to hire a new full-time federal magistrate. The U.S. Judicial Conference, which is the policy-making arm of the federal court system, approved during its annual fall meeting on Tuesday the Indianapolis-based magistrate spot along with three others throughout the country.
IBF announces pro bono award winners
Ralph Adams, the former staff attorney and director of Legal Services of Maumee Valley, will receive this year’s Randall T. Shepard Award for excellence in pro bono service. He, along with other recipients of pro bono awards, will be honored at the Shepard Award Dinner in October.
Tippecanoe County judge recognized for access to justice work
Tippecanoe Superior Judge Gregory J. Donat is the 2010 recipient of the American Judicature Society’s Kathleen M. Sampson Access to Justice Award. Judge Donat has worked to improve access to justice for everyone.
Senate panel to consider Indy lawyer for U.S. Attorney
A key Congressional judiciary panel is scheduled to decide this week whether the nomination of an Indianapolis attorney for U.S. Attorney for the Southern District of Indiana should proceed to the full Senate for a vote.
Lake Circuit candidate can stay on ballot for now
A Highland attorney is back on the ballot for a Lake Circuit judge opening after he received a temporary restraining order that says the Indiana Election Commission shouldn’t have removed his name as a candidate for the general election.
Opinions Sept. 14, 2010 ILD
Indiana Supreme Court had posted not opinions at IL deadline.
Indiana Court of Appeals
Gerald L. Wilkerson v. State of Indiana
26A01-0909-CR-457
Criminal. Affirms trial court’s denial of motion to suppress. Compliance with the Pirtle requirement (Pirtle v. State, 323 N.E.2d 634 (Ind. 1975)) was unnecessary and consent to pat-down search was valid.
Ronald Brooks v. Zores, Inc. (NFP)
93A02-1002-EX-336
Civil. Affirms full Worker’s Compensation Board’s dismissal of Brooks’ bad-faith claim.
Quintez D. Motley v. State of Indiana (NFP)
27A02-0912-CR-1222
Criminal. Affirms convictions of armed robbery, criminal confinement, carjacking, and two counts of burglary, all as Class B felonies, and theft as a Class D felony.
Anthony Fulton v. State of Indiana (NFP)
43A05-1003-CR-267
Criminal. Affirms sentence following guilty plea to Class A misdemeanor conversion.
Mark A. Jenkins v. State of Indiana (NFP)
82A04-1005-PC-319
Post-conviction. Affirms denial of petition for post-conviction relief.
Term. of Parent-Child Rel. of M.B., J.B., and T.B.; R.B. v. IDCS (NFP)
49A05-1002-JT-89
Juvenile. Affirms involuntary termination of parental rights.
Indiana Tax Court had posted not opinions at IL deadline.
Opinions Sept. 14, 2010
Indiana Court of Appeals
Gerald L. Wilkerson v. State of Indiana
26A01-0909-CR-457
Criminal. Affirms trial court’s denial of motion to suppress. Compliance with the Pirtle requirement (Pirtle v. State, 323 N.E.2d 634 (Ind. 1975)) was unnecessary and consent to pat-down search was valid.
Hickey: Those People
To say that we got where we are without the help of others would be a lie, no matter who you are.
IBA: I Wouldn’t Practice Law Without…
When was the last time you thought about how you practice law?
IBA: IndyBar Member Selected as New U.S. Magistrate Judge
The United States District Court for the Southern District of Indiana recently announced the selection of Mark J. Dinsmore as the new United States Magistrate Judge.
IBA: IndyBar to Honor Professionalism
On Thursday, September 30 the Indianapolis Bar Association is elevating the discussion of professionalism within the practice of law by hosting Mentors Who Matter – a luncheon highlighting some outstanding professionals in our legal community.
Film about climber to be released soon
Since receiving a call from the family of Aron Ralston, a hiker who cut off his own arm to free himself from a boulder in Utah in May 2003, Indianapolis attorney Ronald E. Elberger has represented Ralston on a book deal, media appearances, and most recently the deal for a movie about his struggle.
Lawyer-legislator’s attacker on trial
The man accused of attacking a lawyer-legislator last year because of a 23-year-old legal dispute is on trial in Hamilton Superior Court, facing multiple felony charges and potentially 100 years or more in prison.