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COA upholds drug conviction

The Indiana Court of Appeals rejected a man’s argument that his charges should be dismissed or he deserved a mistrial, finding sufficient evidence to support his dealing in cocaine conviction.

Judges reduce sentence

The Indiana Court of Appeals has reduced the sentence of a defendant who used brass knuckles to injure a couple and then struck a victim’s father with his car, finding the 11-year sentence was inappropriate in light of the offenses and the defendant’s character.

COA finds court erred in allowing late response to be filed

The Indiana Court of Appeals has reversed the denial of summary judgment for a financial company seeking contract damages and other relief, finding the trial court should not have considered the defendant’s late-filed response on summary judgment.

Court splits over sentence modification

The Indiana Court of Appeals was divided over whether a man could challenge his sentence following a guilty plea. One judge maintained that the defendant did not consent to his illegal sentence.

Burglary conviction was impermissible double jeopardy

Because some of the facts establishing the elements of a Class A felony burglary conviction also established all of the essential elements of the Class B felony burglary conviction, the Indiana Court of Appeals ordered one conviction be vacated due to double jeopardy.

Governor names acting director of CJI

Gov. Mitch Daniels has appointed Mary L. Allen as acting director of the Indiana Criminal Justice Institute. She replaces Mark Massa, whom Daniels selected to join the Indiana Supreme Court.

Opinions March 28, 2012 ILD

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

Indiana Court of Appeals
Teresa Yates v. State of Indiana (NFP)
49A02-1108-CR-823
Criminal. Affirms conviction of Class B misdemeanor disorderly conduct.

C. Richard Marshall v. Kenneth W. Heider (NFP)
93A02-1106-EX-567
Agency appeal. Reverses order of the Worker’s Compensation Board of Indiana awarding $6,000 in attorney fees to Heider. Remands to the board with instructions.

Stuart Warren Lacy v. State of Indiana (NFP)
48A02-1107-CR-686
Criminal. Affirms sentence following guilty plea to Class B felony robbery.

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

 

Opinions March 28, 2012

Indiana Court of Appeals
Juan M. Garrett v. State of Indiana
49A04-1107-PC-410
Post conviction. Affirms denial of petition for post-conviction relief. Because Garrett’s double jeopardy claims are without merit, he was not prejudiced by his trial and direct appeal attorneys’ failure to raise these claims.

Court upholds finding woman isn’t totally disabled

Because a woman failed to seek appellate review of the decision by the Worker’s Compensation Board of Indiana that she was not permanently and totally disabled, she waived any claim of error related to that decision, the Indiana Court of Appeals has ruled.

Judges affirm denial of post-conviction relief

The Indiana Court of Appeals found a man’s double jeopardy claims were without merit, so his trial and direct appeal attorneys’ failure to raise these claims created no prejudice.

Attorney recovering after shooting

A Fort Wayne attorney shot Tuesday morning at his home is recovering from his injuries, which are not life threatening.

Massa to join Supreme Court April 2

Mark Massa, the state’s newest justice, will be sworn in April 2. Former Chief Justice Randall T. Shepard will administer the oath.

Judges: injuries from crash on public road not covered

The Indiana Court of Appeals has upheld a decision by the state worker’s compensation board that denied a security guard’s claim that a car accident on the way to work happened in the course of his employment and should be compensated.

Opinions March 27, 2012 ILD

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

Indiana Court of Appeals
Kevin K. Cotton v. State of Indiana (NFP)
64A03-1107-CR-334
Criminal. Affirms conviction of and sentence for two counts Class C felony child molesting.

Stacy I. Cottrill v. State of Indiana (NFP)
03A01-1110-CR-471
Criminal. Affirms trial court’s revocation of probation and order that Cottrill serve her previously-suspended four-year sentence.

Cynthia J. Biddle, as Personal Rep. of the Estate of Edgar E. Biddle, Deceased v. Joseph W. Laskowski and Barbara J. Laskowski (NFP)
54A01-1105-MI-196
Miscellaneous. Affirms trial court’s order that decreased the attorney fees to be paid to the Biddle estate. On cross-appeal, holds that the trial court did not abuse its discretion when it interpreted the agreement between parties, but due to the death of Edgar Biddle, “specific performance” is no longer possible and therefore the case is remanded to the trial court for determination of a money judgment.  

Term. of Parent-Child Rel. of A.F.-M (Minor Child); A.M. (Mother) and B.S.M. (Father) v. The Indiana Dept. of Child Services (NFP)
28A05-1109-JT-497
Juvenile. Affirms termination of parental rights of mother and father.

Karyl Pogue v. Kim Rawlings and Deborah S. Rawlings (NFP)
12A02-1107-PL-654
Civil plenary. Affirms trial court’s judgment in favor of the Rawlingses on a fraud complaint.

Steffin T. McFall v. State of Indiana (NFP)
20A03-1109-CR-410
Criminal. Affirms sentence for five counts of Class A felony child molesting.  

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

Opinions March 27, 2012

Indiana Court of Appeals
Lorraine (Carpenter) Miller v. Karl Carpenter
29A02-1107-DR-663
Domestic relation. Reverses the trial court’s grant of joint legal custody to father, holding the evidence does not support modification of custody. Rejects the mother’s argument that the court made a de facto modification of physical custody, holding the court merely modified parenting time, and holds the trial court did not abuse its discretion in reducing the father’s child support obligations.

Closed-circuit testimony not unconstitutional

The Indiana Court of Appeals held that a man who repeatedly molested a young girl was not deprived of his right to cross-examine his accuser when she testified via closed-circuit television.

Comment sought on bankruptcy rule

The United States Bankruptcy Court for the Northern District of Indiana is seeking public comment concerning a proposed change to the court’s local rules.