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Opinions May 29 2015 ILD

Indiana Court of Appeals
Mitchell Sigman v. State of Indiana and Sharon Hawk (mem. dec.)
46A05-1411-CT-516
Civil tort. Affirms dismissal of complaint

Tony Julian v. State of Indiana (mem. dec.)
48A02-1407-CR-477
Criminal. Affirms convictions for Class B felony dealing in methamphetamine; Class D felony counts of possession of precursors with intent to manufacture a controlled substance and maintaining a common nuisance; and Class A misdemeanor false informing.
 

Opinions May 29, 2015

Indiana Court of Appeals
State of Indiana v. Scott Zerbe
49A05-1410-MI-463
Criminal. Reverses a trial court ruling granting Zerbe’s petition to remove his name from the Sex Offender Registry. Zerbe was required to register as a sex offender for a Michigan offense committed in 1992 when he moved to here in 2012. Indiana’s Sex Offender Registry, enacted in 1994, is not unconstitutional as applied to Zerbe.

COA affirms attempted murder conviction, denial of insanity defense

A man convicted of attacking and trying to kill his mother’s boyfriend was not prejudiced when a judge denied his request to pursue an insanity defense, a Court of Appeals majority ruled. But a dissenting judge said the man had good cause and would remand for a new trial.

Judge: Lawyers have responsibility to correct bench errors

A man’s appeal of his sentence for marijuana-related convictions was denied in a memorandum decision Friday, but an appellate judge wrote the case wouldn’t have been there had a prosecutor or defense lawyer spoken up when a judge erred.

Opinions May 28, 2015 ILD

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of D.S. (Minor Child), and B.T. (Mother) v. The Indiana Department of Child Services and Court Appointed Special Advocate (mem. dec.)
47A01-1405-JT-230
Juvenile. Affirms termination of parental rights.
 
In the Matter of the Paternity of B.K. and L.K., Kathryn D. McCallaham v. Joy X. Khotxay (mem. dec.)
49A04-1407-JP-345
Juvenile. Affirms order modifying custody to grant sole physical custody to father and ordering parents to share joint legal custody.

S.M. v. Indiana University Health, Bloomington Hospital and Centerstone (mem. dec.)
53A01-1409-MH-417
Mental health. Affirms order involuntarily committing S.M. to a mental health facility.

Carlos Miles v. State of Indiana (mem. dec.)
49A05-1411-CR-514
Criminal. Affirms conviction of Class C felony battery.

Sergio A. Villanueva v. State of Indiana (mem. dec.)
09A04-1408-PC-376
Post conviction. Affirms denial of amended petition for post-conviction relief.

David Pannell v. State of Indiana (mem. dec.)
49A04-1308-PC-415
Post conviction. Affirms denial of petition for post-conviction relief.

Michael Dominique v. State of Indiana (mem. dec.)
34A05-1403-CR-127
Criminal. Affirms denial of motion from relief from judgment following guilty plea to Class D felony receiving stolen property.

Jeffrey Cowart v. State of Indiana (mem. dec.)
49A02-1410-CR-697
Criminal. Affirms conviction of Class C felony intimidation.

Melissa Roberts Gannon v. Jesus A. Gomez-Rocha (mem. dec.)
38A02-1411-JP-822
Juvenile. Affirms finding that mother was in contempt of court.

Phillip Killebrew v. State of Indiana (mem. dec.)
49A02-1409-CR-648
Criminal. Affirms conviction of Class C felony possession of a narcotic drug and remands with instructions to correct the sentencing order.

Anthony Edward Stewart v. State of Indiana (mem. dec.)
45A04-1409-CR-422
Criminal. Affirms order revoking probation.

 

Opinions May 28, 2015

Indiana Court of Appeals
Terry Huber v. Roger Hamilton
54A01-1404-PL-154
Civil plenary. Affirms trial court ruling that the buyer of land, Terry Huber, breached the land contract when he failed to make the balloon payment when it was originally due. The oral agreement between the parties to modify the written land contract is unenforceable because it was not reduced to writing.

There’s a new kind of lateral hiring going on

A number of partners are moving to new roles as law firms begin to emulate their corporate clients. C-suite jobs like chief talent officer and chief innovation officer are popping up, filled by partners asked to try something new.

Where the clients ‘are no stoned-out hippies’

Small firms, like  Brian Vicente’s in Denver, have been advising clients on marijuana law issues for several years. Now even some bigger corporate firms are tiptoeing into the business.

Parties’ oral modification of land agreement unenforceable

The Indiana Court of Appeals upheld the decision by a trial court finding an oral agreement between a buyer and seller that modified a written land contract had to be in writing based on the Statute of Frauds and that the buyer defaulted on the terms of the agreement.

COA affirms admission of gun and photographs into evidence

A trial court did not abuse its discretion when it admitted as evidence a handgun and photographs of the gun found in a car being impounded after police discovered the driver did not own the car and believed it was unsafe to operate, the Court of Appeals held.

Judge concerned about doctor’s contradictory affidavit

An Indiana Court of Appeals judge found it troubling that a member of a medical review panel that unanimously found defendants breached their duty of care to a patient could later issue an affidavit in which he changed his mind relating to a doctor accused of medical malpractice.