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Opinions Feb. 9, 2012 ILD

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

Indiana Court of Appeals
Terry Drake v. State of Indiana (NFP)
49A02-1106-CR-516
Criminal. Affirms convictions of murder, Class A felony attempted murder, and Class A misdemeanor carrying a handgun without a license.

Shannan D. Deneve v. Billy Joe Shambarger (NFP)
43A03-1107-DR-354
Domestic relation. Affirms order denying Deneve’s request to order Shambarger to participate in counseling with their minor child and to order Shambarger to strictly comply with the parenting time guidelines. Also affirms award of attorney fees to Shambarger.
 

Opinions Feb. 9, 2012

7th Circuit Court of Appeals
Sammie L. Booker-El v. Superintendent, Indiana State Prison and all agents
10-1490
U.S. District Court, Northern District of Indiana, South Bend Division, Judge Robert L. Miller Jr.
Civil. Affirms District Court’s dismissal of Booker-El’s complaint that prison officials misappropriated funds intended by statute to be used for the inmates’ benefit without due process of law. Booker-El has no property interest in the inmates’ recreation fund.

Law school event to commemorate civil rights figures

The Black Law Students Association, The Democratic Law Society and the ACLU chapter at Indiana University Robert H. McKinney School of Law will host a Black History Month event Feb. 14 commemorating the lives to two civil rights figures.

Evidence supports elevated burglary conviction

The Indiana Court of Appeals affirmed a man’s conviction of Class A felony burglary resulting in bodily injury because all the statute requires is evidence the victim experienced physical pain, which the victim in this case did when the burglar twisted her hand.

Marion County clerk to marry couples Feb. 14

For the sixth year in a row, Marion County Clerk Beth White will perform civil marriage ceremonies on Valentine’s Day to raise money for the American Heart Association’s Go Red for Women campaign.

Opinions Feb. 8, 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
Kevin M. Timko v. State of Indiana (NFP)
84A05-1104-CR-228
Criminal. Remands with instructions that the trial court correct the judgment and recalculate the credit time to which Timko is entitled. Affirms convictions of and sentence for two counts of Class A felony child molesting, two counts of Class A felony criminal deviate conduct, and Class C felony child exploitation.

Vincent L. Gant v. State of Indiana (NFP)
85A02-1107-CR-674
Criminal. Affirms convictions of and sentence for Class B felonies dealing in methamphetamine and dealing in a schedule I, II or III controlled substance. Remands for a correction of the sentencing order.

David L. Scudder v. State of Indiana (NFP)
16A04-1104-CR-207
Criminal. Affirms convictions of Class D felonies theft and official misconduct.

Elizabeth A. McQuinn v. Michael T. McQuinn (NFP)
29A02-1107-DR-689
Domestic relation. Affirms order modifying Michael McQuinn’s parenting time and finding Elizabeth McQuinn in contempt of court for interfering with father’s parenting time.

Kristina L. Phillips v. State of Indiana (NFP)
87A05-1105-CR-303
Criminal. Affirms sentence following guilty plea to Class D felony neglect of a dependent.

Jay Unger v. State of Indiana (NFP)
67A01-1102-PC-32
Post conviction. Affirms denial of petition for post-conviction relief but remands with instructions that the trial court determine the amount of restitution, if any, Unger has not yet paid, and to fix the manner of payment.

Ravonte L. Love v. State of Indiana (NFP)
18A02-1106-CR-575
Criminal. Affirms order Love serve the remainder of his previously suspended sentence following revocation of home detention.

Leslie E. Foreman v. State of Indiana (NFP)
22A04-1108-CR-467
Criminal. Affirms sentence following guilty plea to Class D felony child solicitation and Class A misdemeanor indecent exposure.

Angela M. Lemarr v. State of Indiana (NFP)
20A05-1105-CR-258
Criminal. Affirms conviction of Class A misdemeanor false informing.

Richard M. Ford v. State of Indiana (NFP)
34A02-1107-CR-671
Criminal. Affirms sentence following guilty plea to Class D felony domestic battery.

Michael D. Wright, Sr. v. State of Indiana (NFP)
47A01-1106-CR-289
Criminal. Affirms revocation of probation and the execution of previously suspended sentences.

Kenneth A. Horton v. State of Indiana (NFP)
82A01-1105-CR-231
Criminal. Affirms convictions of Class C felony robbery and Class D felony auto theft.

Joe Songer, Jr. v. State of Indiana (NFP)
64A03-1101-CR-41
Criminal. Affirms sentence for two counts of Class C felony burglary.

Term. of the Parent-Child Rel. of K.M.: H.M. v. Indiana Dept. of Child Services (NFP)
27A05-1107-JT-329
Juvenile. Affirms involuntary termination of parental rights.

Edwin Mauricio Parrillas d/b/a Hispano America Auto Sales v. Los Amigos Auto Sales, Inc. (NFP)
82A04-1104-SC-228
Small claim. Affirms judgment in favor of Los Amigos Auto Sales in its claim for $2,000, plus $1,000 in damages.
 

Opinions Feb. 8, 2012

Indiana Court of Appeals
Bei Bei Shuai v. State of Indiana
49A02-1106-CR-486
Criminal. Reverses trial courts’ denial of Shuai’s request to be released on bail. The defense presented sufficient evidence to rebut the presumption that Shuai is guilty of murder of her child. Remands for a determination of bail. Declines to adopt Shuai’s argument that the murder statute is ambiguous as applied to her. Affirms denial of her motion to dismiss. Judge Riley concurs in part and dissents in part.

Court erred in granting change of judge

The Indiana Court of Appeals reversed the grant of a stepfather’s motion for change of venue from the judge, holding the man is not a party to the underlying paternity action and therefore isn’t entitled to a change of venue from the judge under Indiana Trial Rule 76.

High court to hear legislative fines appeal

The Indiana Supreme Court has taken the appeal of a Marion County judge’s decision that ordered Democratic members of the Indiana House be refunded the money withheld from their paychecks due to a walkout in 2011.

COA affirms original sentence revision

The Indiana Court of Appeals granted the state’s request for rehearing to address the argument that its earlier decision on a man’s sentence conflicts with an Indiana Supreme Court decision. The appellate court reaffirmed its earlier decision in all respects.

Court does not have subject matter jurisdiction over child support

In addressing whether a trial court in Indiana erred in dismissing a woman’s petition for modification of child support previously entered in Maryland, the Indiana Court of Appeals noted an incongruity in the statutory scheme that leads to the “somewhat absurd result in this case.”

Judges affirm credit restricted felon status

The Indiana Court of Appeals rejected a defendant’s claim that because he pleaded guilty to Class B felony child molesting instead of a Class A felony, the Credit Restricted Felon Statute shouldn’t apply.

Mock trial judges needed

Indiana’s Mock Trial Program is seeking attorneys and other volunteers to help with the state competitions this year and in 2013. Indiana will host the National Mock Trial finals in 2013.

Court split on dismissing murder, attempted feticide charges

In a case of first impression involving a mother who ingested rat poison in an attempt to kill herself and her unborn child, one Indiana Court of Appeals judge felt that if the feticide statute is applied to women’s prenatal conduct, it might lead to a “slippery slope” in which a full range of a woman’s conduct while pregnant could fall under the feticide statute.

Justices take secretary of state case

The Indiana Supreme Court decided Tuesday to hear the appeals of a Marion County judge’s decision that found Indiana Secretary of State Charlie White ineligible to hold office.

Opinions Feb. 7, 2012 ILD

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

Indiana Court of Appeals
Justin Woodhouse v. State of Indiana (NFP)
56A04-1105-CR-324
Criminal. Dismisses appeal of the trial court’s denial of Woodhouse’s motion to dismiss the state’s notice of a probation violation.

Christopher Short v. State of Indiana (NFP)
48A05-1107-CR-362
Criminal. Affirms denial of motion for discharge pursuant to Indiana Criminal Rule 4(B).

R.W. v. M.R. (NFP)
48A04-1106-MI-331
Miscellaneous. Reverses order on clarification granting M.R. visitation with R.W.’s minor children. Remands with instructions.