Complexity of new expungement law raises questions
Hundreds rushed to a clerk’s office July 1 on a mistaken belief that was the only day they could petition to have their criminal records expunged.
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Hundreds rushed to a clerk’s office July 1 on a mistaken belief that was the only day they could petition to have their criminal records expunged.
Hoosier Veterans Assistance Foundation of Indiana Inc. and Neighborhood Christian Legal Clinic recently signed an agreement for a clinic attorney to work with veterans.
Lawyers build niche practices in franchise law, and representing clients in eminent domain cases.
Indiana Court of Appeals
Darnell Chivers v. State of Indiana (NFP)
24A01-1205-PC-206
Post conviction. Reaffirmed the denial of post-conviction relief. In a rehearing clarifying its earlier opinion, the COA reaffirmed in all respects. Found Chivers was not denied effective assistance from counsel and his guilty plea was voluntary.
Jeffrey E. Howell v. State of Indiana (NFP)
47A05-1211-CR-590
Criminal. Affirms denial of Howell’s motion for the return of a laptop computer, data storage devices and other laptop accessories seized by law enforcement.
Gary McCoy v. Sandra Kay Roberts (NFP)
48A04-1211-DR-590
Domestic relation. Affirms denial of McCoy’s motion pursuant to Trial Rule 60(B)(8). Concluded McCoy did not show prima facie error with regard to the denial.
Andre Hairston v. State of Indiana (NFP)
02A05-1211-CR-601
Criminal. Affirms Hairston’s two convictions for dealing in cocaine as Class B felonies.
Andrew Albert Graovac v. State of Indiana (NFP)
29A02-1208-CR-652
Criminal. Affirms conviction for resisting law enforcement as a Class A misdemeanor. http://media.ibj.com/Lawyer/websites/opinions/index.php?pdf=2013/july/07151302.lmb.pdf
Mack A. Sims v. State of Indiana (NFP)
20A03-1210-PC-431
Post Conviction. Affirms denial of post-conviction relief. Found the state’s nondisclosure that the victim had undergone hypnosis to sharpen his recollection of the shooting did not materially affect the outcome of Sims’ trial.
Marc A. Anderson v. State of Indiana (NFP)
03A01-1302-CR-75
Criminal. Affirms revocation of probation. Ruled the lower court did not abuse its discretion in determining Anderson’s sanction for violating the terms of his probation.
The Indiana Supreme Court and Tax Court issued no opinions by IL deadline. The 7th Circuit Court of Appeals issued no Indiana decisions by IL deadline.
Indiana Court of Appeals
Tuan Chu v. State of Indiana
49A04-1210-CR-495
Criminal. Affirms convictions for three counts of Class D felony evasion of income tax, three counts of Class D felony theft, and one county of Class D felony failure to remit or collect sales tax. Chu appealed on the grounds that the nonpayment penalty of $280,326.62 and his criminal convictions violated double jeopardy principles. The COA stated it was not convinced that the nonpayment penalties were punishments for double jeopardy purposes and it disagreed with Chu’s assertion that the imposition of the nonpayment penalties was conditioned on the commission of a crime.
The Indiana Commission on Courts will meet Thursday to hear a request for an additional magistrate in Vanderburgh Circuit Court and to review the state’s bail surety system.
A business owner will have to serve his sentence after the Indiana Court of Appeals rejected his argument that his criminal convictions and financial penalties imposed for failing to pay taxes violated double jeopardy principles.
The Indiana Supreme Court will hear an appeal of a case in which the Indiana Court of Appeals ruled that a public school construction project built through a foundation should have been subject to public bidding requirements.
The Hendricks Superior Court is welcoming two new judges to the bench. Attorneys Tammy Somers and Michael “Joe” Manning have been appointed as magistrates for the Superior Court. Somers accepted the position effective July 1, 2013. Manning accepted the position effective Aug. 5, 2013.
Now that former high-profile personal-injury attorney William Conour has pleaded guilty to accusations that he defrauded dozens of clients of more than $4.5 million, his victims hope for some measure of restitution. At least a fraction of the loss will be covered by the law school to which Conour gave $450,000.
A partnership between two Indianapolis nonprofits will provide for the first time ongoing legal services to homeless veterans working to become self-sufficient.
Indiana Court of Appeals
Term. of the Parent-Child Rel. of J.J.; M.J. (Mother) v. The Indiana Dept. of Child Services (NFP)
49A05-1211-JT-575
Juvenile termination. Affirms termination of mother M.J.’s parental rights with respect to her son, J.J.
Indiana Supreme Court and Indiana Tax Court issued no opinions by IL deadline Friday.
7th Circuit Court of Appeals
Miguel Gutierrez v. Michael R. Kermon
12-2934
Civil/wrongful arrest, excessive force. Dismisses Indianapolis Metropolitan Police Department officer Michael Kermon’s interlocutory appeal of a denial of summary judgment on the basis of qualified immunity from a wrongful arrest and excessive force lawsuit. The court held that it had no jurisdiction over the interlocutory appeal because Kermon’s argument was dependent on a disputed fact and the court will not reweigh evidence.
A man’s federal lawsuit against two Indianapolis Metropolitan Police Department officers and the city will go forward after a federal judge rejected one officer’s interlocutory appeal.
Indiana motorists who overpaid for driver’s licenses over the past six years will get the money back in the form of a credit on their next transaction at the Bureau of Motor Vehicles, the agency announced Friday.
A Barnes & Thornburg LLP attorney arrested July 7 on suspicion of drunken driving in Hamilton County faces two charges from the incident, including a Class D felony because of a prior conviction.
Indiana Court of Appeals
Paul Monet Fontaine v. State of Indiana (NFP)
45A03-1211-CR-476
Criminal. Affirms sentence for Class C felony forgery.
Cecilia Kelly v. GEPA Hotel Owner Indianapolis LLC, GEPA Hotel Operator Indianapolis LLC, and Schindler Elevator Corporation (NFP)
49A04-1210-CT-509
Civil tort. Reverses grant of summary judgment in favor of GEPA Hotel Owners Indianapolis, GEPA Hotel Operator and Schindler Elevator Corp. on Kelly’s negligence lawsuit.
David L. Howard v. State of Indiana (NFP)
46A04-1212-PC-639
Post conviction. Affirms denial of petition for post-conviction relief.
Dana L. Smith v. James L. Smith (NFP)
49A05-1210-DR-554
Domestic relation. Affirms order denying Dana Smith’s motion to correct error following the entry of the decree dissolving the Smiths’ marriage. Remands with instructions for the trial court to add an exhibit nunc pro tunc and to redistribute the decree to the parties.
The Indiana Supreme Court and Tax Court posted no decisions by IL deadline.
7th Circuit Court of Appeals
United States of America v. Danny Harmon
12-1502
U.S. District Court, Southern District of Indiana, Indianapolis Division, Judge Jane E. Magnus-Stinson.
Criminal. Affirms convictions of marijuana conspiracy and related offenses and 360-month sentence. A trial continuance did not violate his Sixth Amendment right to a speedy trial and the disclosure of Harmon’s prior drug conviction did not deprive him of a fair trial. The court did not make a mistake in finding Harmon responsible for more than 10,000 kilograms of marijuana.
A judge in the U.S. District Court for the Southern District of New York ruled Wednesday that Apple Inc. colluded with major U.S. publishers to artificially raise the retail prices of e-books.
The 7th Circuit Court of Appeals has upheld an Indiana man’s convictions and 360-month sentence for drug-related offenses, rejecting his claims that his right to a speedy trial was violated and the starting time of his offenses was incorrectly determined by the District Court.