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Court upholds damages award

The Indiana Court of Appeals affirmed a trial court decision that excluded arguments and evidence from the Indiana Patient’s Compensation Fund relating to the survival rate of the decedent because their argument regarded liability, which had already been established through a settlement. In Jim Atterholt, Commissioner of the Indiana Department of Insurance as Administrator of the Indiana Patient’s Compensation Fund v. Geneva Herbst, personal representative of the estate of Jeffrey A. Herbst, No. 49A04-0702-CV-106, the Indiana Patient’s Compensation Fund appealed the grant…

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Justices ready for sex-offender registry issue

The Indiana Supreme Court will consider two cases this week asking whether convicted sex offenders can be required to register for life on a statewide database.The state’s highest appeals court will hear a combined argument Thursday in Todd L. Jensen v. State, No. 02A04-0706-CR-351, and Richard P. Wallace v. State, No. 49A02-0706-CR-498. Arguments are set to begin at 9:45 a.m. and can be viewed online through a webcast.Now, Jensen v. State and Wallace v. State have a combined case number of…

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Evansville attorney found dead

An Evansville defense attorney was found dead this morning by police after committing suicide, according to the Vanderburgh County deputy coroner.

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County gets public defense reimbursement

For the first time in six years, Union County will receive reimbursement from the Public Defender Commission. The county will get a little more than $7,000 from the commission, which is 40 percent of the county’s first quarter costs for public defense. Union County has been eligible for reimbursements since 1999, but until this year only requested reimbursement for the years 1999-2002. The Public Defender Commission was created in 1989 by the General Assembly and distributes money to qualifying counties. Qualifying…

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COA travels to Terre Haute

An Indiana Court of Appeals panel of judges travels to Terre Haute Thursday for arguments in a robbery case out of Vanderburgh County.

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COA to travel to French Lick

The Indiana Court of Appeals travels to French Lick Tuesday to hear arguments in a case involving the validity of a search warrant.In James H. Helton v. State of Indiana, 20A04-0710-PC-00589, the judges are asked to determine whether an invalid search warrant was used to obtain evidence against James H. Helton. Also, if the search warrant was invalid, the court must decide whether Helton was denied effective assistance by his trial counsel when they did not move to suppress that evidence….

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Governor names new Court of Appeals judge

Dubois Superior Judge Elaine Brown is the newest judge on the Indiana Court of Appeals.Gov. Mitch Daniels announced this morning Judge Brown’s appointment to the state’s second highest appellate court, replacing Judge John Sharpnack who is taking senior status in May. “This is a dream of a lifetime,” Judge Brown said, on first reaction this morning. “I’m just so extremely honored and humbled, and can’t wait to get started. It’s life-changing for me.”The southern Indiana jurist has been on the bench…

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COA: Expenses apply under penalty period

The Indiana Court of Appeals ruled in favor of a woman who wanted her out-of-pocket payments to a nursing facility allowed as a spend-down expense, finding the Indiana Family and Social Services Administration's denial of her request would penalize her twice.

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Prison program graduation Monday

After spending a semester together learning about social action in a class led by Indiana University-Purdue University Indianapolis, 12 Indiana Women’s Prison inmates and 12 IUPUI students will celebrate what they learned at a graduation ceremony Monday morning in Indianapolis. The 24 students were part of a collaborative effort between the university and the Indiana Women’s Prison entitled Inside-Out Prison Exchange Program, which first began in Indiana last year. The 12 IUPUI students attended the class inside the Women’s Prison. The…

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Tax Court in Bloomington March 17

The Indiana Tax Court hits the road March 17 to hear arguments in a case regarding how to properly value a Meijer store for property tax purposes. The arguments will be held at 3:30 p.m. in the Moot Courtroom at Indiana University School of Law – Bloomington.In Meijer Stores Limited Partnership v. Betty Smith, Wayne Township Assessor, Michael Statzer, Wayne County Assessor, et al., No. 49T10-0609-TA-89, Meijer and Wayne County don’t see eye-to-eye on the assessed value of land owned by…

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District Court upholds jury award against GM

A U.S. District judge chastised General Motors for the way the company treated its salaried employees who gave up being under union protection and later wanted to rejoin the union as hourly workers. In an opinion released Aug. 15, Judge David Hamilton of the U.S. District Court, Southern District of Indiana, Indianapolis Division, upheld a $3.1 jury award against GM for promissory estoppel claims, finding the plaintiffs had provided sufficient evidence to prove their Sixth Amendment claim against the company. Judge…

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Incurred risk not malpractice defense

A doctor cannot use evidence of a patient’s previous surgeries or pursue an incurred-risk defense against a medical malpractice suit, the Court of Appeals ruled today. In Brenda Spar v. Jin S. Cha, M.D., No. 45A05-0611-CV-683, Spar appealed the jury decision in favor of Dr. Cha in her medical malpractice claim against the OB/GYN for a surgery he performed on her. Spar previously had been in a serious automobile accident and as a result had numerous abdominal surgeries. When she decided to…

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SCOTUS rules on money laundering

In a split decision this morning, the Supreme Court of the United States has defined money laundering and tossed out the convictions of an East Chicago man.The high court ruled on U.S. v. Efrain Santos, et al., No. 06-1005, which involved a money-laundering ring in East Chicago.A majority of justices held today that “proceeds” according to the federal money-laundering statute applies only to transactions involving criminal profits, not criminal receipts.Indianapolis attorney Todd Vare with Barnes & Thornburg argued before the high court…

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Commissioner permanently banned as judge

The Indiana Supreme Court approved an agreement between the Indiana Commission on Judicial Qualifications and a former Marion County commissioner and issued an order permanently banning her from serving as a judge.

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Central Indiana law firms merge

Two central Indiana law firms have merged in order to provide their clients with all their legal needs in one firm. Indianapolis law firm Coleman Stevenson and The Montel Law Firm of Carmel officially became Coleman Stevenson & Montel today. The merger, which has been in talks for three months, came out of need, said Gerald Coleman, partner at Coleman Stevenson & Montel.The Montel Law Firm often represents clients in business and transaction work, but doesn’t do much in terms of litigation,…

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