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Opinions April 17, 2015 ILD

Indiana Court of Appeals
Andrew C. Stevens v. State of Indiana (mem. dec.)
06A05-1404-CR-144
Criminal. Affirms conviction of Class A misdemeanor operating a vehicle while intoxicated.

In Re: The Guardianship of Sharon Izzo (mem. dec.)
53A05-1407-GU-320
Guardianship. Affirms appointment of guardian for Izzo’s person and estate petitioned by Adult Protective Services.

In the Matter of the Involuntary Termination of the Parent-Child Relationship of A.D., Minor Child, and Her Father, B.D., B.D. v. Ind. Dept. of Child Services (mem. dec.)
49A02-1409-JT-631
Juvenile. Affirms termination of parental rights.

James D. Benge v. State of Indiana (mem. dec.)
67A01-1409-CR-393
Criminal. Affirms conviction of Class A misdemeanor invasion of privacy.

Chad McKinney v. State of Indiana (mem. dec.)
49A04-1406-PC-282
Post conviction. Affirms denial of post-conviction relief.

Kenneth Ray Barnett, Jr. v. State of Indiana (mem. dec.)
45A05-1408-CR-374
Criminal. Affirms convictions of Class A and Class C felony counts of child molesting.

Kenneth E. Aker, Jr. v. State of Indiana (mem. dec.)
53A01-1409-CR-411
Criminal. Affirms eight-year executed sentence for conviction of Class B felony neglect of a dependent resulting in serious bodily injury.

Randolf S. Sargent v. State of Indiana (mem. dec.)
20A03-1409-CR-338
Criminal. Affirms 30-year sentence for conviction of Class A felony dealing in methamphetamine.
 

Indiana Lincoln funeral train commemorations planned

A commemoration of the 150th anniversary of the Abraham Lincoln funeral train’s arrival in Indianapolis will take place April 30 at the Indiana Statehouse. The event will include a re-enactment of the somber ceremony for the assassinated president.

Opinions April 16, 2015 ILD

Indiana Court of Appeals
In the Matter of the Termination of the Parent-Child Relationship of L.P., Mother, and L.H., Child, L.P. v. Ind. Dept. of Child Services (mem. dec.)
01A02-1402-JT-113
Juvenile. Affirms termination of parental rights.

Harry J. Evans, et al. v. Tommy L. Short (mem. dec.)
79A02-1409-PL-627
Civil plenary. Affirms finding that Short had acquired certain property by adverse possession and that Evans had trespassed onto that property.

Clinton Davis v. State of Indiana (mem. dec.)
48A02-1408-CR-603
Criminal. Affirms denial of motion to correct sentence.

Eric P. Johnson v. State of Indiana (mem. dec.)
20A05-1410-CR-512
Criminal. Affirms 30-year sentence for Class A felony dealing in cocaine.

 

Opinions April 16, 2015

Indiana Court of Appeals
James Satterfield v. State of Indiana
49A02-1409-CR-659
Criminal. Reverses denial of motion to let bail following Satterfield’s arrest and charge for murder. Although Statterfield forfeited his right to appeal by not filing the notice of appeal within 30 days of the trial court order, the COA concluded his appeal deserves a determination on the merits. Remands for new hearing so Satterfield can present evidence of self-defense.

Court must consider man’s self-defense claim at new bail hearing

A defendant accused of murder must be allowed to present evidence and witnesses at a bail hearing in an endeavor to rebut the state’s burden that the defendant likely committed murder, the Indiana Court of Appeals held Thursday. Since that did not happen in James Satterfield’s case, the judges remanded the matter for further proceedings.

Judges order home invasion sentence lowered

Noting that a defendant who broke in to an elderly couple’s home and beat the husband would have received a lesser sentence if he had actually killed the victim, the Indiana Court of Appeals ordered Jeffrey Hunt’s 120-year sentence revised.

‘Candid talk’ on women in law

Attorneys Bernadette Catalana and Kelly Odorisi faced jaw-dropping experiences on their paths to success, like being called “cupcake” by a judge, or being told to “act more like a man” when clearly treated differently because of their gender.

gender-2015-03-19-151909-2col.jpg

Judging how Indy elects judges

The 7th Circuit Court of Appeals posed tough questions for the state’s defense of the pay-to-play, power-sharing system of judicial slating in Marion County.

il-slating-040815-web-2col.jpg

Opinions April 6, 2015

Indiana Court of Appeals
Demetrius L. Grant, and Vickie O. Grant v. The Bank of New York Mellon Trust Co.
49A05-1404-MF-139
Mortgage foreclosure. Reverses and remands a grant of summary judgment in favor of Bank of New York Mellon Trust Co., and remands with instructions to dismiss the case. By refiling a suit that had been dismissed under Trial Rule 41(E) for failing to prosecute, the bank violated the rule and the doctrine of res judicata, since dismissal under T.R. 41(E), unless otherwise specified, operates as a judgment on the merits and dismissal with prejudice. 

Pence objection blocks adoptees’ birth-record access, advocates say

Gov. Mike Pence’s objections to a bill that would open the birth records for hundreds of thousands of adult Hoosiers thwarted chances it will pass the General Assembly this session, according to proponents who said they have been informed the bill will receive no further hearings in the House of Representatives.