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Posts from April 2009.
Posted in Litigation

At 9 a.m. on Thursday, April 30, the Indiana Supreme Court will hear argument in Lucio v. StateLucio is a direct appeal from a conviction on two counts of murder and one count of conspiracy to commit murder.  Lucio, who was sentenced to life without parole, is arguing that the trial court should have declared a mistrial after a State’s witness violated a motion in limine.

Posted in Litigation

On Tuesday, April 28, the Indiana Supreme Court issued two opinions.

In Lake County Trust Company v. Advisory Plan Commission of Lake County, the Court addressed two issues tied to settling a dispute with a governmental entity: (1) whether governmental entities are immune from sanction under Indiana’s Alternative Dispute Resolution Rules; and (2) when a settlement agreement that ...

Even if predictions of a somewhat prompt recovery from the current recession are true, many companies will feel the financial pinch for years to come. Keeping a company out of financial distress caused by the problems of others is an important, but difficult task. Companies are well advised to constantly evaluate their customer relationships.

The following list summarizes ways to ...

Posted in Litigation

On Friday, April 24, the Indiana Supreme Court reviewed the involuntary termination of a mother’s parental rights while she was incarcerated.  The Court concluded that the evidence did not clearly and convincingly demonstrate that the incarcerated mother’s parental rights should be terminated, and reversed the judgment of the trial court.

In Matter of G.Y., when the child ...

Posted in Litigation

Webcasts of this week’s oral arguments in the Indiana Supreme Court and Indiana Court of Appeals are now available on-line.  Just click the links below.

Indiana Supreme Court

Indiana Court of Appeals

Posted in Litigation

On Thursday, April 23, the Indiana Supreme Court will hear the only oral argument scheduled for this week - Carter v. Indiana.

This case arises from the conviction of Che B. Carter of attempted murder and other offenses committed in 1990.  Carter was originally convicted in 1991 and sentenced to an aggregate sentence of 90 years' imprisonment.

After three appeals to the Indiana Court of ...

Posted in Litigation

On Monday, the Indiana Court of Appeals addressed the issue of “continuing” or “standing” objections at trial in Hayworth v. State

In Hayworth, the defendant filed a motion to suppress evidence obtained pursuant to a search warrant.  The warrant was issued on the basis of a probable cause affidavit that included information the Court of Appeals deemed “misleading.”  The ...

Posted in Litigation

The Indiana Court of Appeals will hold three arguments this week.

At 10 a.m. on Monday, April 20, the Court will hear argument in Matter of T.A. & K.S..  This appeal arises from the removal of two children from their home pending an investigation into the sudden death of their 14-year-old sibling.  An autopsy concluded that the death was accidental and directly caused by a prescription ...

Posted in Litigation

On Friday, April 17, the Indiana Supreme Court issued two opinions.

In Bannister v. State, the Court affirmed the conviction of a motorist whose driving privileges had previously been suspended for life.  In this case, the arresting officer was parked in his vehicle when Bannister’s truck passed in front of him (the opinion does not refer to any illegal activity noticed at the time the ...

Posted in Litigation

On April 14, 2009, at 5 p.m. EDT, the Indiana Court of Appeals will hold oral argument in Mansfield v. McShurley.  This appeal relates to the recent mayoral election in Muncie, Indiana, and raises the question of whether strict compliance with the 14-day statutory deadline for challenging the election is required. 

With the original vote count, Democrat James Mansfield was deemed the ...

Posted in Litigation

The Indiana Supreme Court issued three opinions on Wednesday, April 9.

In Graham v. State, the Indiana Supreme Court reversed the defendant’s conviction of misdemeanor “resisting.”  In Graham, the defendant was standing on his porch when ordered by officers to surrender and put his hands up.  When Graham refused and turned to go back inside his house, the officers fired “bean ...

Posted in Litigation

Webcasts of this week's oral arguments in the Indiana Supreme Court and Indiana Court of Appeals are now available on-line.  Just click the links below.

Indiana Supreme Court

Indiana Court of Appeals

Posted in Litigation

On Tuesday, April 7, the Indiana Supreme Court issued two opinions.

In Ward v. State, the Court affirmed the death sentence of Roy Lee Ward, who raped and murdered a 15-year-old girl in Dale, Indiana.  This appeal followed Ward’s second trial; his first conviction was reversed due to prejudicial pretrial publicity.  Ward v. State, 810 N.E.2d 1042 (Ind. 2004).  This time, Ward pleaded ...

Greenebaum Doll & McDonald PLLC’s Privacy Team is a multidisciplinary group formed to assist clients in understanding and complying with the increasing number of privacy and security laws and regulations being passed by state and federal government. Members from Greenebaum’s Privacy Team bring knowledge from a broad range of practice areas including health care, insurance, employee benefits, labor, intellectual property, information technology, corporate, banking and finance, and education.

Posted in Litigation

The Indiana Court of Appeals will hear four oral arguments this week.

On Tuesday, April 7, beginning at 1:30 p.m. EDT, the Court will hear Nunn Law Office v. Rosenthal.  In this case, Nunn Law Office (“Nunn”) appeals the trial court’s award of $1,462.88 in attorney’s fees in its petition for division of fees arising out of Nunn’s and attorney Peter Rosenthal’s successive ...

State and local property taxes can be a significant cost of owning real estate in Kentucky. Given the current downturn in the economy and the corresponding decline in the value of real property, there are opportunities to obtain reductions in assessed values. Managing this ongoing cost has the potential to yield real savings over time.

If you, your business or one of your clients owns ...

Posted in Litigation

Earlier this week, the Indiana Court of Appeals addressed as a matter of first impression in Indiana law, whether text messages contained on a cell phone must be authenticated, apart from the authentication of the cell phone itself, before being admitted into evidence. 

In Hape v. State, the defendant was convicted of possessing methamphetamine with the intent to deliver and resisting ...

On Presidents Day, February 17, 2009, President Barack Obama signed into law the American Recovery and Reinvestment Act of 2009 (The “Stimulus Bill”). Bingham McHale LLP is monitoring the Stimulus Bill on behalf of its municipal clients to determine how the funding will be distributed in Indiana. We conducted an in-depth review of the Stimulus Bill and are prepared to represent ...

Posted in Litigation

On Tuesday, the Indiana Supreme Court issued three opinions in appeals from criminal convictions.

In Tyler v. State, the Court held that “a party may not introduce testimony via the Protected Person Statute [Indiana Code section 35-37-4-6] if the same person testifies in open court as to the same matters.”  In this case, the defendant was accused of exposing himself to five children ...

In Pinnacle Prop. Dev. Group, LLC v. City of Jeffersonville, Pinnacle objected to the City’s procedure of transferring delinquent sewer service balances on rental properties to the owner of the rental properties. Pinnacle brought a declaratory judgment action against the City alleging that the City lacked legal authority to transfer the delinquent balances.

The trial court held ...

Like all states, Kentucky maintains different statutes of limitations depending on the matter before the court.  Cases involving private matters (i.e., a written contract dispute) have a 15-year statute of limitations, while cases based on statute violations have a five-year limitations period.  The Sixth U.S. Circuit Court of Appeals (which covers Kentucky) recently held that Kentucky’s five-year statute of limitations applies to federal Employee Retirement Income Security Act of 1974 (ERISA) claims regarding disputes over the effectiveness of a spouse’s consent to a participant’s benefit election.

In Wagler et al. v. W. Boggs Sewer Dist., the Indiana Supreme Court ruled transfer of a condemnation suit. In the case, West Boggs Sewer District (the “Sewer District”) attempted to condemn land for various sewer easements in Daviess County. The trial court granted summary judgment in favor of the Sewer District. The landowners appealed that decision, while also requesting a stay ...

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