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Opinions July 28, 2014

Indiana Court of Appeals
Bobby Alexander v. State of Indiana
49A04-1207-CR-351
Criminal. Reverse one of two convictions for Class B felony aggravated battery. Rules the state incorrectly asserted in the charging information and during closing arguments that Alexander’s actions of shooting at a car created a substantial risk of death. Remands with instructions to enter judgment of conviction for battery as a Class C felony and to resentence accordingly.

Hogsett joining Bose McKinney & Evans

Outgoing U.S. Attorney Joe Hogsett will join the Indianapolis law firm of Bose McKinney & Evans LLP, effective Aug. 1, the firm announced in a news release Monday.

Opinions July 25, 2014 ILD

Indiana Court of Appeals
Andrew Prairie v. State of Indiana (NFP)
29A02-1309-CR-841
Criminal. Affirms convictions of Class D felony attempted theft, three counts of Class D felony receiving stolen property, and a count of Class B misdemeanor unauthorized entry of a motor vehicle.

Kelsey Lynn Wilson v. State of Indiana (NFP)
82A01-1310-CR-454
Criminal. Affirms conviction of Class A felony dealing in cocaine.

Merrill C. Roberts v. Unlimited, LLC d/b/a Remax Unlimited and Matthew A. Gunning (NFP)
49A05-1306-PL-294
Civil plenary. Affirms denial of an award of attorney fees sought by Roberts.

The Indiana Supreme Court and Tax Court posted no opinions by IL deadline. The 7th Circuit Court of Appeals posted no Indiana decisions by IL deadline.

 

Opinions July 25, 2014

Indiana Court of Appeals
Chris T. Collins v. State of Indiana
49A02-1310-PC-887
Post conviction. Affirms denial of post-conviction relief, concluding that the post-conviction court’s denial of Collins’ request of subpoenas was not an abuse of discretion and that denial of his petition was proper.

COA reverses ruling against Carmel in building dispute

A Carmel couple who successfully sued the city that at first permitted construction of an accessory building that neighbors later complained was taller than zoning codes allowed lost Friday at the Indiana Court of Appeals.

Additional public defender fees without hearing affirmed

A man who appealed a court order that he pay fees in excess of the statutory public defender fee capped at $100 lost his appeal, though one judge said the trial court must hold a hearing on the defendant’s ability to pay.

Supreme Court lets lawyer’s suit against Duke Realty proceed

The Indiana Supreme Court summarily affirmed a Court of Appeals ruling that a jury should decide whether a real estate company intentionally induced a law firm to terminate an attorney’s partnership agreement as the result of a dispute over a land agreement.

Appeals court affirms denial of post-conviction relief

A man who was represented by a law student at his guilty plea hearing and claimed he received ineffective assistance of counsel could not persuade a panel of the Indiana Court of Appeals to reverse a denial of his petition for post-conviction relief.