Appellate court upholds murder conviction
The Indiana Court of Appeals found the circumstantial evidence presented at trial was sufficient to establish beyond a reasonable doubt that a man killed his wife.
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COA to consider journalistic shield protections for anonymous online comments
The Indiana Court of Appeals hears arguments Monday on a question of first impression for the Internet-savvy 21st century: whether news outlets have any First Amendment or state journalistic shield protection from being required to disclose information that could help reveal the identities of people posting anonymous comments online.
ISBA seeks speakers for Lincoln outreach program
The Indiana State Bar Association’s Young Lawyers Section is seeking speakers for its “Why Lincoln Was a Lawyer” outreach program.
Bankruptcy judge applications being accepted
The Judicial Council of the 7th Circuit is seeking applications for bankruptcy judge to fill a new position in the U.S. District Court for the Southern District of Indiana.
ABA council adopts changes in collection of law school data
The Council of the American Bar Association Section of Legal Education and Admissions to the Bar has approved changes in the collection and publication of graduate placement data provided by law schools. The changes are aimed at enhancing the accuracy, timeliness and level of detail law schools must report to the ABA.
COA reverses termination of mother’s parental rights
The Indiana Court of Appeals found Thursday that the trial court findings in a parental termination case out of Dearborn County do not support the decision to terminate a mother’s parental rights to three of her children.
Opinions Dec. 8, 2011 ILD
7th Circuit Court of Appeals had posted no opinions at IL deadline.
Indiana Court of Appeals
Robert A. Shannon v. State of Indiana (NFP)
45A04-1105-CR-258
Criminal. Revises Shannon’s sentence for Class C felony reckless operation of a vehicle in a highway work zone causing death and remands with instructions.
The Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Opinions Dec. 8, 2011
Indiana Court of Appeals
Term. of Parent-Child Rel. of C.M., G.M., and R.M.; A.M. (Mother) and C.M. (Father) v. Indiana Dept. of Child Services, Dearborn County Office
15A01-1104-JT-204
Juvenile. Reverses termination of mother A.M.’s parental rights. The Department of Child Services did not establish by clear and convincing evidence the requisite statutory elements to support the termination. Judge Darden concurs in result.
Indiana chief justice’s retirement ‘a natural thing’
Indiana Chief Justice Randall T. Shepard – the longest-serving state court chief justice in the nation – is retiring from the bench in March after nearly 27 years on the appellate bench and a quarter century in that top administrative position.
Opinions Dec. 7 2011 ILD
7th Circuit Court of Appeals had posted no Indiana opinions at IL deadline.
Indiana Court of Appeals
A.H. v. State of Indiana (NFP)
49A05-1104-JV-208
Juvenile. Affirms adjudication as a juvenile delinquent for committing what would be Class A misdemeanor possession of paraphernalia if committed by an adult.
Timothy E. Strowmatt v. Kim Rodriguez (NFP)
17A03-1105-DR-218
Domestic relation. Affirms denial of Strowmatt’s motion for relief from judgment.
Joseph D. Hillenburg v. State of Indiana (NFP)
47A01-1103-CR-126
Criminal. Affirms sentence following guilty plea to Class A felony manslaughter and Class C felony battery by means of a deadly weapon.
Paul Hinton v. State of Indiana (NFP)
34A02-1104-CR-322
Criminal. Affirms conviction of Class D felony possession of cocaine.
Nathaniel Jeffers v. State of Indiana (NFP)
49A04-1104-CR-165
Criminal. Affirms convictions of and sentences for six counts of Class A felony child molesting, one count of Class C felony child molesting and one count of Class D felony battery.
Sybron Pinkston v. State of Indiana (NFP)
02A03-1104-CR-167
Criminal. Affirms convictions of Class D felony battery and Class D felony resisting law enforcement.
Jesus D. Zuniga v. State of Indiana (NFP)
82A01-1103-CR-131
Criminal. Affirms sentence following guilty plea to Class B felony burglary.
John F. Otto, Jr. v. Scott Douglas Woodhams (NFP)
02A03-1105-SC-200
Small claim. Affirms denial of Otto’s motion to correct error on the judgment on his claim against his tenant, Woodhams.
Keyone Johnson v. State of Indiana (NFP)
49A02-1102-PC-274
Post conviction. Affirms denial of petitions for post-conviction relief.
Indiana Supreme Court and Indiana Tax Court had posted no opinions at IL deadline.
Opinions Dec. 7, 2011
Indiana Court of Appeals
In the Matter of the Estate of Melissa K. Patrick: Yvonne Griffith v. Jason Patrick
17A03-1104-ES-190
Estate, supervised. Affirms denial of the estate’s motion to dismiss a petition for survivor’s allowance filed by Melissa Patrick’s surviving spouse, Jason. The trial court did not commit clear error in determining that Ind. Code 29-1-2-14 did not divest Patrick of a survivor’s share of the estate with his late wife.
Husband allowed to petition for survivor’s allowance
Even though a wife had filed for divorce from her husband at the time she was killed, the husband is still allowed to petition for survivor’s allowance, the Indiana Court of Appeals affirmed Wednesday.
Court upholds judgment for doctor, health care center
A woman who challenged the grant of summary judgment on her negligence claims in favor of the doctor who performed her breast reduction surgery and the heath care center where it was performed lost her appeal before the Indiana Court of Appeals.
AG’s office begins distribution of funds to State Fair victims
The estates of the seven people killed by the stage collapse at the Indiana State Fair in August will receive at least $300,000 each if the offers extended by the state are accepted, Indiana Attorney General Greg Zoeller announced Tuesday.
Robel named interim provost at IU Bloomington
Indiana University Maurer School of Law Dean Lauren Robel has been named interim provost for IU’s Bloomington campus. She’s filling the role temporarily until a replacement can be found for Karen Hanson, who is leaving in January to become senior vice president and provost at the University of Minnesota.
Shepard retiring as Indiana chief justice
Indiana Chief Justice Randall T. Shepard announced Wednesday that he is stepping down from the bench in March 2012.
Judge rules on case involving legislative walkout fines
A Marion Superior judge has ruled that state courts don’t have the ability to interfere with the Indiana General Assembly’s constitutional authority to pass laws or its own internal rules, including how it compels attendance or imposes fines.
Man gets 326 months imprisonment, lifetime supervision for child pornography
U.S. Judge Robert Miller Jr. sentenced an Elkhart man to 326 months in prison and a lifetime of supervised release after his guilty plea to sexually exploiting children.
Opinions Dec. 6, 2011 ILD
7th Circuit Court of Appeals had issued no Indiana opinions by IL deadline.
Indiana Court of Appeals
Toby Carroll v. State of Indiana (NFP)
48A04-1008-CR-572
Criminal. Affirms trial court’s order denying motion for jail time credit, holding Carroll was due no credit time for time served prior to sentencing.
Michael Anthony Castillo v. State of Indiana (NFP)
45A03-1104-CR-154
Criminal. Affirms sentence for Class C felony reckless homicide. Holds that while trial court abused its discretion by using an improper aggravating factor, Castillo’s sentence is not inappropriate in light of the nature of the offense and his character.
Cameron Jones v. State of Indiana (NFP)
49A04-1103-CR-102
Criminal. Affirms conviction of felony murder.
Spencer Norvell v. State of Indiana (NFP)
18A02-1104-CR-349
Criminal. Affirms conviction of Class C felony trafficking with an inmate.
A.D. v. State of Indiana (NFP)
49A02-1105-JV-451
Juvenile. Affirms true finding that A.D. committed an act that would constitute the offense of Class B felony attempted robbery if committed by an adult.
Term. of Parent-Child Rel. of H.B., B.B., and J.M.; C.M. v. Indiana Dept. of Child Services, and Lake County Court Appointed Special Advocate (NFP)
45A03-1104-JT-144
Juvenile. Affirms termination of mother’s parental rights.
Travis L. Anderson v. State of Indiana (NFP)
12A02-1103-CR-194
Criminal. Affirms sentence of six years, with one suspended to probation, for Class B misdemeanor visiting a common nuisance.
Gary Jones v. State of Indiana (NFP)
49A02-1105-CR-400
Criminal. Affirms conviction of Class D felony theft.
In Re the Marriage of: Duane Maxwell Jennings v. Richelle Danea Jennings (NFP)
49A04-1101-DR-60
Domestic relation. Holds that marriage dissolution decree committed a clerical error in not requiring the wife to transfer car title to the husband and remands for action consistent with opinion. Affirms decree in other regards.
Ronald Coldren v. State of Indiana (NFP)
34A04-1106-CR-320
Criminal. Affirms conviction of Class B felony robbery.
Toriano Meade v. State of Indiana (NFP)
49A02-1104-CR-363
Criminal. Affirms conviction of Class A misdemeanor possession of marijuana and Class B felony possession of cocaine.
Louis D. Cole v. State of Indiana (NFP)
45A03-1105-CR-199
Criminal. Affirms sentence for Class A felony voluntary manslaughter.
Term. of Parent-Child Rel. of S.S., C.T., K.G.T., and K.M.T.; L.S. and A.T. v. Indiana Dept. of Child Services (NFP)
10A04-1102-JT-92
Juvenile. Affirms termination of parental rights for mother and father.
Indiana Supreme Court and Indiana Tax Court had issued no opinions as of IL deadline.
Opinions Dec. 6, 2011
Indiana Court of Appeals
A.A.Q. v. State of Indiana
71A03-1105-JV-239
Juvenile. Affirms judgment of juvenile court finding A.A.Q. a juvenile delinquent for committing an act that would have been Class A misdemeanor trespass if committed by an adult. Holds that A.A.Q. and his parents waived the right to counsel.