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Judges affirm denial of post-conviction relief

The Indiana Court of Appeals has upheld the denial of a man’s request for post-conviction relief because he couldn’t prove that his trial or appellate counsel were ineffective.

Department of Workforce Development scammed out of $2 million

The Indiana Department of Workforce Development announced Wednesday afternoon that it allegedly has been cheated out of $2.4 million in unemployment insurance benefits. Fifteen people have been indicted for allegedly scheming to use fake companies to claim benefits.

COA upholds denial of fugitive’s request to file an appeal

A woman convicted of murdering her husband in the 1970s who escaped from prison and remained a fugitive for 35 years isn’t entitled to file a petition for belated appeal because her willful act of fleeing prevented her attorney from pursuing the appeal.

Opinions April 19, 2012 ILD

7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals
Berry Moss v. State of Indiana (NFP)
49A04-1107-CR-360
Criminal. Affirms conviction of Class A misdemeanor criminal conversion.

In Re the Term. of the Parent-Child Rel. of: Al.S. & A.S. and C.S. v. The Indiana Department of Child Services (NFP)
79A02-1112-JT-1158
Juvenile. Affirms termination of parental rights.
 

[Article Headline]

On The Move runs in the first issue of the month. Information must be submitted two weeks prior to the issue date. Digital images should be 200 dpi and saved as eps, tiff or jpeg. Color images are preferred. Submissions may be made at http://www.theindianalawyer.com/submit-on-the-move or emailed to managing editor Jennifer Nelson at [email protected]. New […]

Opinions April 18, 2012 ILD

7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.

Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.

Indiana Court of Appeals
In Re the Adoption of K.B.M. and L.B.M.; T.M. v. R.P.F. (NFP)
39A01-1109-AD-423
Adoption. Affirms decision that biological father T.M.’s consent to the adoption by stepfather R.P.F. was not required.

In Re the Paternity of K.S.; J.S. v. M.M. (NFP)
17A03-1109-JP-438
Juvenile. Affirms trial court decision to continue joint legal custody, but reverses modification of primary physical custody to mother. Remands with instructions to enter an order addressing father’s contentions as to mother’s failure to pay costs. Judge Riley concurs in part, dissents in part, and would remand for sole legal custody to be awarded to either mother or father.

Chad Jeremy Orme v. State of Indiana (NFP)
73A01-1105-CR-233
Criminal. Reverses revocation of probation and sentence imposed.

Justin A. Staples v. State of Indiana (NFP)
90A04-1109-CR-490
Criminal. Affirms sentence for Class D felony aiding, inducing or causing theft.

Margaret M. Hammond v. Review Board of the Indiana Dept. of Workforce Development and Porter County Commissioners (NFP)
93A02-1110-EX-956
Agency appeal. Affirms Hammond is ineligible for unemployment benefits.

Dennis Mikel v. State of Indiana (NFP)
52A04-1111-SC-598
Small claim. Affirms the trial court did not err in denying Mikel’s request for appointed counsel or in not conducting a jury trial on his complaint. The trial court erred in entering judgment in favor of the defendants. Reverses and remands for an assessment of damages.

Ramon Crawford v. State of Indiana (NFP)
48A02-1108-CR-728
Criminal. Affirms revocation of probation and imposition of previously suspended portion of sentence.

Jason Myers v. State of Indiana (NFP)
09A02-1105-CR-598
Criminal. Affirms convictions of Class C felony battery resulting in serious bodily injury and Class B felony aggravated battery.

Huntington Copper, LLC v. Conner Sawmill, Inc. (NFP)
09A02-1110-PL-917
Civil plenary. Reverses denial of Huntington Copper’s motion to dismiss for lack of personal jurisdiction.

Derrick Mays v. State of Indiana (NFP)
49A02-1107-CR-669
Criminal. Affirms convictions of Class B felony robbery, Class D felony criminal recklessness and Class C felony carrying a handgun without a license.

Ronald Edward Madison, Jr. v. State of Indiana (NFP)
71A04-1110-CR-597
Criminal. Affirms conviction of Class D felony possession of cocaine.

Brandon Ray Carter v. State of Indiana (NFP)
73A01-1108-CR-379
Criminal. Affirms conviction of Class C felony battery causing serious bodily injury.

Jason A. Reber v. State of Indiana (NFP)
64A04-1107-CR-408
Criminal. Affirms convictions of Class A misdemeanor domestic battery and Class A misdemeanor interference with reporting a crime.

Michael Jackson v. State of Indiana (NFP)
71A05-1112-CR-669
Criminal. Affirms conviction of Class D felony theft.
 

Judges reverse grant of unemployment benefits

The Indiana Court of Appeals has held that if an employee’s explanation for the behavior that led to his termination is another terminable offense, that provides just cause for termination. As a result, the judges reversed the decision to grant a fired man unemployment benefits.

COA split on ability to review case

The majority on a personal injury case has dismissed it for appellate review, finding the Indiana Court of Appeals doesn’t have jurisdiction. The majority believed the case was not timely appealed.

Attorney general investigating political calls

Indiana Attorney General Greg Zoeller announced Tuesday that he is investigating whether political phone calls are being made under the guise of the AG’s main office number.

Opinions April 17, 2012 ILD

Indiana Court of Appeals
Gerald Mayberry v. State of Indiana (NFP)
49A02-1109-CR-879
Criminal. Affirms conviction of Class A misdemeanor interference with reporting a crime and Class B misdemeanor battery.

Jamie E. Green v. State of Indiana (NFP)
49A05-1106-CR-316
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

Robbie S. McCain-Ficklin v. State of Indiana (NFP)
27A02-1108-CR-767
Criminal. Affirms conviction of Class D felony battery on McCain-Ficklin’s minor stepson.

Charles Frederick Miller v. State of Indiana (NFP)
41A01-1106-CR-250
Criminal. Affirms conviction of Class D felony auto theft.

John Brooke v. State of Indiana (NFP)
75A05-1106-CR-297
Criminal. Affirms conviction of Class B felony conspiracy to commit armed robbery and 22-year sentence.

The Law Office of Deborah Agard v. Unemployment Insurance Appeals of the Indiana Department of Workforce Development (NFP)
93A02-1107-EX-672
Agency appeal. Affirms finding that the law office owed unemployment insurance tax contributions for an individual the office paid to perform cleaning services at its office and at Kids’ Voice, a nonprofit center where Deborah Agard, the sole proprietor of the law office, serves on the board of directors.

Sterling B. Nelson v. Michelle L. Nelson (NFP)
29A05-1110-DR-533
Domestic relation. Affirms post-dissolution order, in which the trial court imputed $415 in gross weekly income to father during his 12-week period of unemployment and refused to deviate from the Child Support Guidelines.

Manuel Martinez v. State of Indiana (NFP)
57A03-1109-CR-554
Criminal. Affirms restitution order following guilty plea to battery.

Michael M. and Lana S. Ashley, et al. v. Jeffrey and Holly Spaw, et al. (NFP)
02A03-1108-MI-340
Miscellaneous. Affirms trial court’s affirmation of the Indiana Natural Resources Commission’s decision to rule in favor of several back-lot owners in the Long Lake Park subdivision regarding riparian rights.

Indiana Supreme Court had posted no opinions at IL deadline.
 

Opinions April 17, 2012

7th Circuit Court of Appeals
United States of America v. Kimani Lanier Fleming
11-1404
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Criminal. Affirms Fleming’s revised sentence of 480 months imprisonment for convictions of several serious drug and firearm charges. There was no clear error in the District Court’s decision to include routine drug purchases as relevant conduct when it computed his revised sentencing guideline range. Denies Fleming’s implicit request for an expanded certificate of appealability. 

7th Circuit upholds sentence for drug offenses

Dealing with the issue for the first time, the 7th Circuit Court of Appeals has held that a certificate of appealability is needed for the part of a case that challenges the denial of collateral relief.

Judge leaves attorneys on tax refund appeal

Indiana Tax Court Judge Martha Wentworth has denied the State Department of Revenue’s attempt to disqualify the two attorneys representing a company in a refund dispute.

Mother’s actions support contempt finding

The Indiana Court of Appeals has upheld finding a mother in contempt of court for not dismissing a protective order against her ex-husband as required by their dissolution decree. The judges also affirmed the award of compensatory damages and attorney fees to the father, but reversed a 10-day sentence imposed for future violations.

Judges order possession charge dismissed

Relying on United States Supreme Court precedent, the Indiana Court of Appeals has reversed the denial of a man’s motion to suppress marijuana found on him after a traffic stop. The appellate court found the officers did not reasonably believe the man was armed and dangerous to justify the pat down.

Judges rule on easement dispute

The Indiana Court of Appeals ruled partly in favor of a couple seeking to place a fence along their property line shared with a condominium complex, which would affect the use of a sidewalk by the condo homeowners.

Leadership in Law 2012: Lewis S. Wooton

Lewis Wooton’s diverse background, which includes working as a farmer, in a factory, and in a prosecutor’s office, allows him to bring a unique perspective to any situation. In the short time he’s been in practice, he’s gained an understanding of insurance coverage law that is far greater than most lawyers who are twice his […]

Lewis Wooton