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Opinions Oct. 28, 2013 ILD

Indiana Court of Appeals
Denielle R. Pharr v. State of Indiana (NFP)
84A05-1305-CR-223
Criminal. Reverses revocation of work release and reinstatement by the trial court without credit time of the remainder of Pharr’s sentence. Remands for the court to issue a revised abstract of judgment.

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

Opinions Oct. 28, 2013

Indiana Court of Appeals
Chaunsey L. Fox v. State of Indiana
71A04-1304-CR-187
Criminal. Affirms felony murder conviction. The trial court did not abuse its discretion by denying Fox’s motion to dismiss and allowing the jury to determine the issue of credibility and answer the question of who was telling the truth.

Justices take homeschooling-group expulsion case

The Indiana Supreme Court has agreed to hear two cases, including one involving a homeschooling group that presented an issue of first impression regarding education under civil rights law.

COA upholds denial of convicted murderer’s motion to dismiss

The Indiana Court of Appeals rejected a man’s argument that murder charges should have been dismissed based on a plea agreement he made with the state, finding no error by the trial court in allowing the jury to decide whether the defendant’s testimony was credible. The plea agreement preventing prosecution for murder would be in effect only if the defendant met certain criteria.

Ex-athletes’ antitrust claims against NCAA still alive

A federal judge in California Friday denied the National Collegiate Athletic Association’s request to dismiss antitrust claims in a lawsuit involving the use of student athletes’ images and likeness in video games and on television. The ex-athletes brought the lawsuit against the Indianapolis-based NCAA four years ago. The trial is scheduled for 2015. IBJ.com has the latest on the case.

Opinions Oct. 25, 2013 ILD

Indiana Court of Appeals
Tyrez Boyd v. State of Indiana (NFP)
49A02-1303-CR-287
Criminal. Affirms conviction of Class A misdemeanor battery.

Daniel E. Wilkins v. State of Indiana (NFP)
02A05-1303-PC-117
Post conviction. Affirms denial of petition for post-conviction relief.

Michael Grey v. State of Indiana (NFP)
49A05-1303-CR-132
Criminal. Affirms convictions of six counts each of Class A felony child molesting and Class B felony child molesting, and two counts of Class C felony child molesting.

In the Adoption of B.R.; F.R. v. J.B. and E.B. (NFP)
18A02-1302-AD-185
Adoption. Affirms order granting petition for adoption of B.R. by J.B.

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 Oct. 25, 2013

Indiana Court of Appeals
Michael A. Lane v. State of Indiana
82A05-1212-CR-640
Criminal. Affirms convictions of murder, Class B felony conspiracy to commit dealing in a schedule II controlled substance, and two counts of Class C felony criminal recklessness. Holds an instruction on reckless homicide was not warranted and that brief testimonial hearsay evidence admitted was harmless beyond a reasonable doubt.

COA: Admission of prior bad acts was a harmless error

The Indiana Court of Appeals found that evidence of a defendant’s prior bad acts was not properly admitted at his trial for theft of gasoline, but affirmed his conviction because the admission was a harmless error.

IU McKinney to offer degree for non-attorneys next year

Professionals who want to better understand the law, but not practice it, will be able to earn a Master of Jurisprudence degree from Indiana University Robert H. McKinney School of Law beginning next year, the school announced Thursday.

IU McKinney to offer degree for non-attorneys next year

Professionals who want to better understand the law, but not practice it, will be able to earn a Master of Jurisprudence degree from Indiana University Robert H. McKinney School of Law beginning next year, the school announced Thursday.

COA: Admission of evidence of phone number did not affect verdict

Because of overwhelming evidence placing the defendant at the scene of a shooting, the admission of additional evidence that before the shooting, a victim made calls to a phone number associated with the shooter did not affect the verdict, the Indiana Court of Appeals held Friday.

Judges say evidence supports a retrial

Two Indiana Court of Appeals judges granted a man’s petition for rehearing and held that the evidence is sufficient for the state to retry him on criminal recklessness and resisting law enforcement charges.

Man didn’t prove ex-wife misappropriated child support payments

Sidestepping a question of first impression in a child support case, the Indiana Court of Appeals reversed the modification of child support due to insufficient evidence. The father in this case believed his ex-wife was using child support money to fund her veterinary practice.

Former Lake County clerk’s convictions upheld by 7th Circuit

Thomas R. Philpot, the former Lake County clerk convicted of taking more than $24,000 in federal funds earmarked for child support and using that money to pay himself bonuses, will not receive a new trial, the 7th Circuit Court of Appeals held this week.

Opinions ILD Oct. 24, 2013

Indiana Court of Appeals
Cannon IV, Inc. v. Matthew Antisdel (NFP)
49A04-1304-PL-171
Civil plenary. Affirms judgment in favor of Antisdel on his breach of contract claim against Cannon IV arising out of an employment agreement between the parties.

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 Oct. 24, 2013

Indiana Court of Appeals
Gregory Dickens v. State of Indiana
71A03-1304-PC-101
Post conviction. Affirms denial of petition for post-conviction relief seeking new trial for murder of a police officer. Dickens was not entitled to a new trial in light of either newly discovered evidence or an alleged Brady violation. He also did not receive ineffective assistance of trial counsel.