A previous conviction for a “look-alike” offense constitutes a controlled-substance offense for sentencing purposes,
the 7th Circuit Court of Appeals ruled for the first time Tuesday.
Eight companies are interested in outfitting the Indiana appellate courts with a case management system with public access
and e-filing capabilities.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Bryan
Berryman v. State of Indiana (NFP)
58A01-0911-CR-561
Criminal. Affirms convictions of Class D felony insurance fraud, Class B misdemeanor false reporting or informing, and Class
B misdemeanor failure to stop after an accident resulting in damage to property of another person other than a vehicle.
William
Adams, et al. v. William Smith, et al. (NFP)
18A04-1002-MI-65
Miscellaneous. Reverses dismissal of the Adamses’ complaint for fraud and fraudulent transfer against the Smiths and
Danny Slusher. Remands for further proceedings.
B.W.
v. State of Indiana (NFP)
49A02-1001-JV-82
Juvenile. Affirms adjudication for forgery and theft if committed by an adult.
Joseph
Dearborn v. State of Indiana (NFP)
13A05-0910-CR-618
Criminal. Affirms convictions of Class A felony dealing in methamphetamine, Class D felony maintaining a common nuisance,
and Class A misdemeanor possession of paraphernalia.
Shane
Schmutte v. State of Indiana (NFP)
49A04-0912-CR-693
Criminal. Affirms revocation of probation.
Dennis
Ditchley v. State of Indiana (NFP)
49A02-0911-CR-1098
Criminal. Affirms convictions of Class A felony burglary, Class B felony robbery, and Class A misdemeanor carrying a handgun
without a license.
Indiana Tax Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Monty
Rader v. State of Indiana
49A02-0907-CR-691
Criminal. Affirms denial of motion to suppress. The IP address used to log in to the monty20064 account was, on the dates
in question, assigned to Rader’s home in Greencastle. Rejects Rader’s request that the court follow the precedent
of the New Jersey Supreme Court and ignore the holding of the Indiana Supreme Court with regard to the issuance of investigatory
subpoenas to third parties.
In denying summary judgment for either party in a dispute involving the Fair Labor Standards Act, the U.S. District judge
noted the issue appears to be one of first impression in the 7th Circuit.
The Indiana Court of Appeals rejected a man’s argument that the state’s courts should recognize a privacy interest
in the subscriber information of an Internet service provider.
blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….blah blah blah….
In an effort to include more news from specialty and county bars around the state, Indiana Lawyer has started a section in the print and online editions called Bar Crawl.
If you or your bar association would like to submit a news item or photo to Indiana Lawyer, such as a notice regarding an election of new officers, an event, pro bono efforts, awards your bar association has presented to its members, or anything else you’d like to share with Indiana’s legal community, please contact reporter Rebecca Berfanger, [email protected]. If you’d like to post an announcement that is time sensitive, please submit it at least two weeks in advance of the issue date.
Indiana Supreme Court had posted no opinions at IL deadline.
Indiana Court of Appeals
Arthur
Balls v. State of Indiana (NFP)
49A02-1001-CR-12
Criminal. Affirms conviction of and sentence for Class C felony battery and finding Balls is a habitual offender.
Indiana Tax Court had posted no opinions at IL deadline.
The Indiana Supreme Court granted no transfers in the week ending Aug. 20.
Indiana Court of Appeals
Arthur Balls v. State of Indiana (NFP)
49A02-1001-CR-12
Criminal. Affirms conviction of and sentence for Class C felony battery and finding Balls is a habitual offender.
Anderson attorney Samuel Hasler is still waiting to see if his plea agreement regarding child pornography charges will be
accepted.
A Delaware County judge is claiming that county prosecutor Mark McKinney and a former deputy prosecutor threatened and intimidated
the judge and his wife based on the judge’s ruling on how McKinney handled civil drug forfeitures.
In a securities-fraud case involving the Carmel-based financial and life insurance services company Conseco, a 7th Circuit Court of Appeals panel has refused to significantly alter the class certification rules and throw out the long-established fraud-on-the-market doctrine.
7th Circuit Court of Appeals
Franz
Schleicher, et al. v. Gary C. Wendt, et al.
09-2154
U.S. District Court, Southern District of Indiana, Indianapolis Division. Judge David F. Hamilton.
Civil. Finds the District Court did not commit a legal error, or abuse its discretion, in deciding that the fraud-on-the-market
doctrine should not be conscripted to serve some other function in a lawsuit. In this case, the plaintiffs claim the defendants
made false statements about Conseco, which in turn affected their perceived value of the shares.
Indiana Supreme Court posted no opinions before IL deadline.
Indiana Court of Appeals
Richard
M. Jackson Sr. d/b/a RMJ Investigations v. Benjamin Parks (NFP)
29A04-1003-SC-193
Civil. Dismisses Jackson’s appeal of the small claims court’s order that he be represented by counsel in his
efforts to enforce an assigned judgment. Finds his appeal is not properly before the Court of Appeals.
Term.
of Parent-Child Relationship of E.K.H.; K.E.N. and C.J.H., Jr. v. Indiana Dept. of Child Services (NFP)
20A03-0912-JV-603
Juvenile. Affirms termination of parental rights.
Term.
of Parent-Child Relationship of A.E. and S.W.; S.E. and A.E. v. IDCS (NFP)
17A03-0911-JV-558
Juvenile. Affirms termination of parental rights.
Kurt
Retrum, M.D., et al. v. Sarah Tinch (NFP)
48A02-1002-PL-97
Civil. Reverses and remands for entry of summary judgment in favor of the defendants Kurt Retrum, et al. because the statute
of limitations had expired.
Donald
Carew v. State of Indiana (NFP)
49A02-1001-CR-27
Criminal. Affirms conviction of public intoxication, a Class B misdemeanor, following a bench trial.
Indiana Tax Court posted no opinions before IL deadline.
7th Circuit Court of Appeals
Torrey
Bauer, David Certo, and Indiana Right to Life, Inc. v. Randall T. Shepard, et al.
09-2963
U.S. District Court, Northern District of Indiana, Fort Wayne Division. Judge Theresa L. Springmann.
Civil. Affirms District court’s ruling that the state’s judicial canons are constitutional regarding whether
judges can make public statements regarding controversial issues. The opinion recognizes a split among Circuits throughout
the country on the issue. Also finds that a portion of the challenge involving the pre-2009 conduct code is unripe, rather
than moot as the District court had found.
A three-judge federal appellate panel says that Indiana’s judicial canons are not unconstitutionally restrictive of
free speech and should stand.
Inverse condemnation was the issue of the day for two Indiana Court of Appeals panels, with one case raising issues regarding
fraudulent concealment and the statute of limitations.
Over the next three years, a professor at an Indiana law school will be working on a study of India’s trial courts as
part of a $261,000 grant from the Ford Foundation to a non-governmental association based in India.
The Indiana Attorney General’s Office wants health care and pharmaceutical industry workers to know that they have the ability
to file lawsuits and get protection as whistleblowers, and that could mean getting a portion of any settlement or damages
that results from the suit.